./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Decision and reasons ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel announced its decision and reasons as follows: ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-In advance of the meeting, the TRA agreed to a request from Mr Perry for the allegations ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Mr Perry had been employed as a Maths Teacher at The Brooksbank School between 1 ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-September 2018 and 28 February 2019. On 27 February 2019, Mr Perry was arrested for ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:accessing child pornography. Following a police investigation, Mr Perry was charged with ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-three offences of Making of Indecent Photographs of Children contrary to Section 1(a) of ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-the Protection of Children Act 1978. Mr Perry pleaded guilty to the three offences at ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Bradford Magistrates Court on 30 April 2021. The matter was committed to Bradford ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Crown Court for sentencing, due to the seriousness of the offence. On 28 May 2021, Mr ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Perry received the following sentence: ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-i. Suspended Sentence Order – 9 months custody, suspended for 24 months; ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-ii. Mandatory attendance of 'Maps for Change' course; ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-iii. Up to 50 mandatory Rehabilitation Activity Requirement days; ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-iv. 120 hours of unpaid community service; -- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-and, having done so, found all of them to be relevant in this case, namely the ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-safeguarding and wellbeing of pupils and protection of other members of the public, the ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-maintenance of public confidence in the profession, declaring and upholding proper ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-standards of conduct, and striking the right balance between the rights of the teacher and ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-the public interest. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-In the light of the panel’s findings against Mr Perry, which involved a finding that he had ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-been convicted of a relevant offence, which was a serious offence involving child ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:pornography, there was a strong public interest consideration in respect of the protection ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-of pupils. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-weakened if conduct such as that found against Mr Perry were not treated with the ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-utmost seriousness when regulating the conduct of the profession. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel decided that a strong public interest consideration in declaring proper ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Perry was outside that which could reasonably be tolerated. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- -- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-proportionate. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-There was evidence that Mr Perry's actions were deliberate. There was no evidence to ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-suggest that Mr Perry was acting under duress. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel took into account the sentencing remarks made by the Recorder when ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-sentencing Mr Perry for the offences. In particular, the fact that Mr Perry had offered a ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-guilty plea, had no previous convictions and had "an exemplary good character", having ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-"dedicated a substantial proportion" of his life to educating young people without ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-complaint by them. However, the panel noted that the Recorder was mindful that Mr ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:Perry had been accessing child pornography for over a decade (2009-2019), without ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-having previously been caught and had not taken steps to stop his behaviour, until after ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-he had been caught. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel noted that Mr Perry had accessed a significant volume of indecent images. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The seriousness of the offence was reflected in his sentence, which included a ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-(suspended) custodial sentence, a number of community penalties, a Sexual Harm ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-Prevention Order for 10 years and registration on the Sex Offender Register for 10 years. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-The panel was not provided with any evidence from Mr Perry that provided any further ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-mitigation. -- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-whether the consequences of such a publication are themselves sufficient. I have ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-considered therefore whether or not prohibiting Mr Perry, and the impact that will have on ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-the teacher, is proportionate and in the public interest. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-In this case, I have considered the extent to which a prohibition order would protect ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-pupils. The panel has observed, “In the light of the panel’s findings against Mr Perry, ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-which involved a finding that he had been convicted of a relevant offence, which was a ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf:serious offence involving child pornography, there was a strong public interest ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-consideration in respect of the protection of pupils”. A prohibition order would therefore ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-prevent such a risk from being present in the future. ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf- ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-I have also taken into account the panel’s comments on insight and remorse, set out as ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-follows, “The panel noted that in the sentencing remarks, the Recorder stated "I accept ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-that you have demonstrated remorse", however, the Recorder identified that this was ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-double edged. The panel was not provided with any further evidence from Mr Perry that ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-demonstrated insight or remorse. This was particularly concerning as the panel was ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-unclear whether Mr Perry had full insight in to his actions.” In my judgement, the lack of ./18206_SoS_Decision_Mark_Perry_Accessibility_Checked.pdf-insight means that there is some risk of the repetition of this behaviour and this puts at ./Accessibility_checked_SOS_decision.pdf-Allegations ./Accessibility_checked_SOS_decision.pdf-The panel considered the allegations set out in the notice of meeting dated 1 March ./Accessibility_checked_SOS_decision.pdf-2023. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-It was alleged that Mr Howe was guilty of having been convicted of one or more relevant ./Accessibility_checked_SOS_decision.pdf-offences, in that: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 1. On 20 May 2021 he was convicted of one offence of attempting to engage in ./Accessibility_checked_SOS_decision.pdf: sexual communication with a child, between 13 April 2021 and 21 April 2021, ./Accessibility_checked_SOS_decision.pdf- contrary to section 15A(1) Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 2. On 20 May 2021 he was convicted of one offence of attempting to arrange or ./Accessibility_checked_SOS_decision.pdf: facilitate the commission of a child sex offence between 13 April 2021 and 21 April ./Accessibility_checked_SOS_decision.pdf- 2021, contrary to section 14 Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Mr Howe admits the facts alleged, and admits conviction of a relevant offence. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Preliminary applications ./Accessibility_checked_SOS_decision.pdf-There were no preliminary applications. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Summary of evidence -- ./Accessibility_checked_SOS_decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Howe for the allegations ./Accessibility_checked_SOS_decision.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Accessibility_checked_SOS_decision.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Accessibility_checked_SOS_decision.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Mr Howe was employed as lead teacher of geography at Tudor Grange Academy, ./Accessibility_checked_SOS_decision.pdf-Worcester, from November 2017 until 21 May 2021. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-From 13 April – 21 April 2021, Mr Howe exchanged messages with an undercover police ./Accessibility_checked_SOS_decision.pdf-officer purporting to be a 15-year-old boy. They agreed to meet in person on 22 April ./Accessibility_checked_SOS_decision.pdf:2021 to engage in sexual activity of a penetrative nature. On the morning of 22 April ./Accessibility_checked_SOS_decision.pdf-2021, Mr Howe blocked any further contact from the "boy". He was arrested later that day ./Accessibility_checked_SOS_decision.pdf-and charged with the two offences set out in the allegations. On 20 May 2021, he ./Accessibility_checked_SOS_decision.pdf-pleaded guilty to those offences, and on 17 June 2021, he was sentenced to 2 years' ./Accessibility_checked_SOS_decision.pdf:immediate imprisonment, a sexual harm prevention order and sex offender notification ./Accessibility_checked_SOS_decision.pdf-requirements for a period of 10 years. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Although the person with whom Mr Howe was communicating was not in fact a child, the ./Accessibility_checked_SOS_decision.pdf-information available to Mr Howe suggested that they were a child, and as such would ./Accessibility_checked_SOS_decision.pdf-have been a pupil at a school. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Findings of fact ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The findings of fact are as follows: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel found the following particulars of the allegation against you proved, for these ./Accessibility_checked_SOS_decision.pdf-reasons: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 1. On 20 May 2021 you were convicted of one offence o, between 13 April 2021 ./Accessibility_checked_SOS_decision.pdf- and 21 April 2021, contrary to section 15A(1) Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 2. On 20 May 2021 you were convicted of one offence of attempting to arrange ./Accessibility_checked_SOS_decision.pdf: or facilitate the commission of a child sex offence between 13 April 2021 and ./Accessibility_checked_SOS_decision.pdf- 21 April 2021, contrary to section 14 Sexual Offences Act 2003. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 5 ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-allegations were therefore found proved. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Findings as to conviction of a relevant offence ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Accessibility_checked_SOS_decision.pdf-those proven allegations amounted to convictions for a relevant offence. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition ./Accessibility_checked_SOS_decision.pdf-of Teachers, which is referred to as “the Advice”. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf:This was a case involving offences of attempting to engage in sexual communication with ./Accessibility_checked_SOS_decision.pdf:a child and attempting to arrange sexual activity with a child. The Advice states that such ./Accessibility_checked_SOS_decision.pdf-offences are likely to be considered a relevant offence. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel was satisfied that the Mr Howe's conduct involved breaches of the Teachers’ ./Accessibility_checked_SOS_decision.pdf-Standards. The panel considered that by reference to Part 2, Mr Howe was in breach of ./Accessibility_checked_SOS_decision.pdf-the following standards: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Accessibility_checked_SOS_decision.pdf- ethics and behaviour, within and outside school, by ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- o Treating pupils with dignity, building relationships rooted in mutual respect, -- ./Accessibility_checked_SOS_decision.pdf-The panel noted that Mr Howe's behaviour ultimately led to a sentence of two years' ./Accessibility_checked_SOS_decision.pdf:imprisonment, and he was made subject to a sexual harm prevention order and required ./Accessibility_checked_SOS_decision.pdf:to comply with the sex offender notification requirements for a period of 10 years. This is ./Accessibility_checked_SOS_decision.pdf-indicative of the seriousness of his offences. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel took account of the mitigating circumstances surrounding the offence, as set ./Accessibility_checked_SOS_decision.pdf-out in the sentencing comments. These were reflected in the criminal sentence. They ./Accessibility_checked_SOS_decision.pdf-also had regard to Mr Howe's account of his health and personal problems, but ./Accessibility_checked_SOS_decision.pdf-concluded that these did not mitigate the seriousness of the offending. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Notwithstanding any mitigation, the panel had no doubt that the seriousness of the ./Accessibility_checked_SOS_decision.pdf-offending behaviour that led to the convictions was relevant to Mr Howe's ongoing ./Accessibility_checked_SOS_decision.pdf-suitability to teach. The panel considered that a finding that these convictions were for -- ./Accessibility_checked_SOS_decision.pdf-proportionate measure, and whether it would be in the public interest to do so. Prohibition ./Accessibility_checked_SOS_decision.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Accessibility_checked_SOS_decision.pdf-apportioned, although they are likely to have a punitive effect. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Accessibility_checked_SOS_decision.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Accessibility_checked_SOS_decision.pdf-protection of pupils and other members of the public, the maintenance of public ./Accessibility_checked_SOS_decision.pdf-confidence in the profession, and declaring and upholding proper standards of conduct. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In the light of the panel’s findings against Mr Howe, which involved criminal offences of ./Accessibility_checked_SOS_decision.pdf:sexual misconduct towards a child, there was a strong public interest consideration in ./Accessibility_checked_SOS_decision.pdf-respect of the protection of pupils. When sentenced in May 2021, he was assessed as ./Accessibility_checked_SOS_decision.pdf-posing a medium risk to children. The panel has been provided with no evidence which ./Accessibility_checked_SOS_decision.pdf-shows that risk has reduced. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Accessibility_checked_SOS_decision.pdf-weakened if conduct such as that found against Mr Howe were not treated with the ./Accessibility_checked_SOS_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-Howe. The panel took further account of the Advice, which suggests that a prohibition ./Accessibility_checked_SOS_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Accessibility_checked_SOS_decision.pdf-of such behaviours, those that are relevant in this case are: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Accessibility_checked_SOS_decision.pdf- Teachers’ Standards; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being ./Accessibility_checked_SOS_decision.pdf- of pupils, and particularly where there is a continuing risk; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Accessibility_checked_SOS_decision.pdf: of a sexual nature …; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Accessibility_checked_SOS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Accessibility_checked_SOS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Accessibility_checked_SOS_decision.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Accessibility_checked_SOS_decision.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Accessibility_checked_SOS_decision.pdf-proportionate. ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-prohibition order should be imposed with immediate effect. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Accessibility_checked_SOS_decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Accessibility_checked_SOS_decision.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Accessibility_checked_SOS_decision.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Accessibility_checked_SOS_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Accessibility_checked_SOS_decision.pdf-years. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Accessibility_checked_SOS_decision.pdf:recommendation of a review period. These behaviours include serious sexual ./Accessibility_checked_SOS_decision.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Accessibility_checked_SOS_decision.pdf-potential to result in, harm to a person or persons. The panel concluded that Mr Howe's ./Accessibility_checked_SOS_decision.pdf-offending fell into that category. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel decided that the findings indicated a situation in which a review period would ./Accessibility_checked_SOS_decision.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Accessibility_checked_SOS_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Accessibility_checked_SOS_decision.pdf-review period. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-Decision and reasons on behalf of the Secretary of State -- ./Accessibility_checked_SOS_decision.pdf-In its considerations, the panel also took account of the Advice which suggests that a ./Accessibility_checked_SOS_decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proved. ./Accessibility_checked_SOS_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Accessibility_checked_SOS_decision.pdf- Teachers’ Standards; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  misconduct seriously affecting the education and/or safeguarding and well-being ./Accessibility_checked_SOS_decision.pdf- of pupils, and particularly where there is a continuing risk; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Accessibility_checked_SOS_decision.pdf: of a sexual nature …; ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Accessibility_checked_SOS_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Accessibility_checked_SOS_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The panel finds that the conduct of Mr Howe fell significantly short of the standards ./Accessibility_checked_SOS_decision.pdf-expected of the profession. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-The findings of misconduct are particularly serious as they include a finding of a relevant ./Accessibility_checked_SOS_decision.pdf:conviction of attempting to engage in sexual communication with a child and a finding of ./Accessibility_checked_SOS_decision.pdf:a relevant conviction of attempting to arrange or facilitate the commission of a child sex ./Accessibility_checked_SOS_decision.pdf-offence. I have given this considerable weight in reaching my decision. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Accessibility_checked_SOS_decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Accessibility_checked_SOS_decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Accessibility_checked_SOS_decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Accessibility_checked_SOS_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 10 ./Accessibility_checked_SOS_decision.pdf- -- ./Accessibility_checked_SOS_decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Accessibility_checked_SOS_decision.pdf-finding of unacceptable professional conduct or conduct likely to bring the profession into ./Accessibility_checked_SOS_decision.pdf-disrepute, would itself be sufficient to achieve the overall aim. I have to consider whether ./Accessibility_checked_SOS_decision.pdf-the consequences of such a publication are themselves sufficient. I have considered ./Accessibility_checked_SOS_decision.pdf-therefore whether or not prohibiting Mr Howe, and the impact that will have on the ./Accessibility_checked_SOS_decision.pdf-teacher, is proportionate and in the public interest. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Accessibility_checked_SOS_decision.pdf-children and safeguard pupils. In its recommendation the panel states that “In the light of ./Accessibility_checked_SOS_decision.pdf:the panel’s findings against Mr Howe, which involved criminal offences of sexual ./Accessibility_checked_SOS_decision.pdf-misconduct towards a child, there was a strong public interest consideration in respect of ./Accessibility_checked_SOS_decision.pdf-the protection of pupils. When sentenced in May 2021, he was assessed as posing a ./Accessibility_checked_SOS_decision.pdf-medium risk to children. The panel has been provided with no evidence which shows that ./Accessibility_checked_SOS_decision.pdf-risk has reduced.”. A prohibition order would therefore prevent such a risk from being ./Accessibility_checked_SOS_decision.pdf-present in the future. I have given this element considerable weight in reaching my ./Accessibility_checked_SOS_decision.pdf-decision. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-In reaching my decision I have noted that the panel did not comment on or provide ./Accessibility_checked_SOS_decision.pdf-evidence of Mr Howe offering insight or remorse for his actions. I have also noted the ./Accessibility_checked_SOS_decision.pdf-panel’s conclusion “that there was no evidence that Mr Howe's actions were not -- ./Accessibility_checked_SOS_decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Accessibility_checked_SOS_decision.pdf-recommended that no provision should be made for a review period. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I have considered whether not allowing a review period reflects the seriousness of the ./Accessibility_checked_SOS_decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Accessibility_checked_SOS_decision.pdf-in the profession. In this case, factors mean that allowing a review period is not sufficient ./Accessibility_checked_SOS_decision.pdf-to achieve the aim of maintaining public confidence in the profession. These elements ./Accessibility_checked_SOS_decision.pdf-are the seriousness of the panel’s findings of relevant convictions for attempting to ./Accessibility_checked_SOS_decision.pdf:engage in sexual communication with a child and attempting to arrange or facilitate the ./Accessibility_checked_SOS_decision.pdf:commission of a child sex offence as well as the lack of evidence of insight or remorse. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./Accessibility_checked_SOS_decision.pdf-confidence and is proportionate and in the public interest. ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf-This means that Mr Robert Howe is prohibited from teaching indefinitely and ./Accessibility_checked_SOS_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Accessibility_checked_SOS_decision.pdf- ./Accessibility_checked_SOS_decision.pdf- 12 ./Accessibility_checked_SOS_decision.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-B. Allegations ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 15 ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-February 2018. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-It was alleged that Mr Christopher Alcock was guilty of unacceptable professional ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-conduct and/or conduct that may bring the profession into disrepute, in that: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: 1. You viewed and/or obtained inappropriate and/or sexual material through the ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- college’s technology, inter alia; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Images of female adults; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. numerous videos on YouTube; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 2. Between 2009 and 2016 you used your college email address and/or personal ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- mobile phone, to send and/or receive inappropriate messages, specifically in ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- relation to the following; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. current pupils of the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. former pupils of the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- c. female adults; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 3. Your actions as may be found proven in relation to 1 and/or 2c above were ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: sexually motivated. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 4. You failed to maintain appropriate professional boundaries with female pupils in ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- that you: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Failed to maintain distance in your interaction with Pupil A including ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- maintaining contact with her after she left the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. Failed to maintain distance in your interaction with Pupil C; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- c. Failed to maintain distance in your interaction with Pupil D; -- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-police, the DBS and the Agency. Further allegations regarding Mr Alcock’s relationship ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-with Pupil A were made by Witness X in letters sent to Individual E(chair of governors) on ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-3 November 2016 and 27 November 2017. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-Findings of fact ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel’s finding of fact were as follows: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel found the following particulars of the allegations against Mr Alcock proven, for ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-the following reasons: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: 1. You viewed and/or obtained inappropriate and/or sexual material through ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- the college’s technology, inter alia; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Images of female adults; and ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- b. numerous videos on YouTube; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was satisfied from Mr Alcock’s admission in the Statement and the evidence ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-which was adduced that this particular was proved on the balance of probabilities. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 2. Between 2009 and 2016 you used your college email address and/or ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- personal mobile phone, to send and/or receive inappropriate messages, ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- specifically in relation to the following; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- c. female adults; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was satisfied from Mr Alcock’s admission in the Statement and the evidence ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-which was adduced that this sub-particular was proved on the balance of probabilities. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 3. Your actions as may be found proven in relation to 1 and/or 2.c. above were ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: sexually motivated. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was satisfied from Mr Alcock’s admission in the Statement and the evidence ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-which was adduced that this particular was proved on the balance of probabilities. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 4. You failed to maintain appropriate professional boundaries with female ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- pupils in that you: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- a. Failed to maintain distance in your interaction with Pupil A including ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- maintaining contact with her after she left the school; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- -- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-the panel is satisfied that Mr Alcock should have known that viewing or searching for ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-sexual material was not permitted under this School policy. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel considered material evidenced in the YouTube watch and search history to be ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-of a sexual nature. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel noted that: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- i. the sexual material watched was not illegal; ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: ii. YouTube is not a pornographic site; and ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- iii. the titles searched may not necessarily have reflected the content of the videos. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-In relation to these points, the panel was not convinced on the balance of probabilities ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-that the TRA has adduced sufficient evidence to demonstrate that what Mr Alcock ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-watched was of an inappropriate nature. However, the panel did not consider searching ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:and watching sexual material to be legitimate use of school equipment. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was not convinced by the evidence adduced that the searches took place ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-during school hours. The panel believed Mr Alcock’s evidence given under oath that he ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-did not use his iPad in lessons as a teaching aid. As such, the panel were not convinced ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:by the argument put forward by the TRA that there was a risk that sexual material could ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-have been inadvertently shown to pupils. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel found credible the evidence given by Mr Alcock under oath, that he originally ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:started to look up sexual taboos as part of his research in designing a curriculum for an ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-A-level Anthropology course. This included taboos related to age-difference and power ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:imbalance in sexual relationships. The panel accepted Mr Alcock’s admission that he ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-became distracted and was drawn into areas which were not directly related to his ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-research. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-Whilst the panel did find that Mr Alcock breached the School’s ICT Policy, it did not ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-believe that this constitutes misconduct of a serious nature and does not meet the ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-threshold to be considered unacceptable professional conduct. The panel also found that ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-it is not, in and of itself, conduct which would bring the profession into disrepute. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 13 -- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-he genuinely believed that his [redacted] email address to be his private email account ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-and that the [redacted] to be his “business contact”, which was also accessed by his PA. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel fully recognised that Mr Alcock has a right under Article 8 of the ECHR to a ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-private life. It did not consider this behaviour to be serious misconduct. The panel found ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-Mr Alcock’s evidence credible, in that he had the genuinely held (albeit mistaken) belief ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-that the email address from which he sent the inappropriate messages was a private ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-email address. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 3. Your actions as may be found proven in relation to 1 and/or 2.c above were ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf: sexually motivated. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel found it clear that Mr Alcock’s conduct at particular 1 and sub-particular 2.c ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:had a sexual motivation. However, this was conduct between consenting adults and, ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-aside from the fact that Mr Alcock used a school email address, which he believed to be ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-private, and a mobile device belonging to the School, outside of the educational setting, ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-this would have been considered private. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel was not convinced that it should consider the fact that Mr Alcock met other ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-consenting adults whilst undertaking school business a relevant factor. To do so would ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-set a dangerous precedent and risk encroaching on an teacher’s right to a private life. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-The panel did not consider that Mr Alcock’s actions would have had any ramification for ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-his ability to teach nor was it adequately persuaded that his behaviours and actions at ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-particular 1. and sub-particular 2.c., placed any students at risk. Whilst Mr Alcock’s ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf:actions were sexually motivated, the panel did not consider these behaviours to meet the ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-threshold to be considered unacceptable professional conduct nor did it consider this to ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf-be behaviour which may bring the profession into disrepute. ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 4. You failed to maintain appropriate professional boundaries with female ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- pupils in that you: ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- ./Alcock_C_15500-_SoS_decision__redacted__for_Publishing.pdf- 14 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-October 2016. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-It was alleged that Ms Alexandra Sharman was guilty of unacceptable professional ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-conduct and/or conduct that may bring the profession into disrepute, in that whilst ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-employed as a teacher at the Marriotts School in Stevenage she: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-1. Engaged in an inappropriate relationship with Pupil A; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- a. when they were approximately 15 years old; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: b. which involved engaging in sexual activity; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: i. Including sexual intercourse; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ii on more than one occasion; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Ms Sharman had not provided a response to the allegations and in the absence of a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-response the allegations were taken to have not been admitted. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-C. Preliminary applications ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Application to proceed in the absence of the teacher ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The presenting officer applied to proceed with the hearing in the absence of Ms -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-of the hearing. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Throughout the material time, Ms Sharman was employed as a PE Teacher at Marriotts ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-School in Stevenage. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Ms Sharman commenced her employment at the school in October 2007. It is alleged ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-that when employed at the school, Ms Sharman engaged in an inappropriate relationship ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-with Pupil A, which commenced when he was a pupil in Year 10 and aged 15 years old. It ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:is alleged that this relationship involved engaging in sexual activity on more than one ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:occasion, which included sexual intercourse. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The allegation came to light in approximately June 2015 when Pupil A disclosed to his ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:GP that he had been the victim of alleged sexual abuse at the hands of Ms Sharman ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-when asked why he was "depressed". ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- Pupil A's GP passed this information on to the Hertfordshire Constabulary. On 20 June ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-2015, Ms Sharman spoke to a friend and school colleague, Witness B, about a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-threatening letter that she had received from Pupil A and the nature of her relationship ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-with him. On 21 June 2015, Ms Sharman also told her friend and school colleague, ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Witness A about the letter from Pupil A and disclosed the nature of her relationship with ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-him. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-On 21 June 2015 Witness B informed the Head Teacher at the school of the disclosure -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Findings of fact ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Our findings of fact are as follows: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel has found the following particulars of the allegations against you proven, for ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-these reasons: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-1. You engaged in an inappropriate relationship with Pupil A; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- a. when they were approximately 15 years old; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: b. which involved engaging in sexual activity; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf: i. Including sexual intercourse; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ii. on more than one occasion; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel carefully considered the written statement provided from Pupil A. The panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-approached Pupil A's evidence with great care and caution due to the manner in which ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-he raised his relationship directly with Ms Sharman, namely the threatening letter he ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-wrote to her, which gave the panel considerable cause for concern. However, Pupil A’s ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence was not the sole or decisive evidence before the panel. His evidence that Ms ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Sharman had engaged in a relationship with him was supported by the evidence ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-provided by Witness A and Witness B. -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence and the elements of the statement of Pupil A which it corroborated that, on the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-balance of probabilities, Ms Sharman engaged in an inappropriate relationship with Pupil ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-A. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Furthermore, the panel is satisfied on the balance of probabilities that the inappropriate ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relationship with Pupil A commenced when Pupil A was aged at least 15 years. This ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-finding is made on the basis of the Pupil A's witness statement and the written and oral ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence of Witness A. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- The panel considered Pupil A's statement and the various descriptions he had given of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:the sexual activity which took place. Having carefully considered the evidence before it ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-the panel are satisfied that the inappropriate relationship between Ms Sharman and Pupil ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- 7 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:A involved engaging in sexual activity including sexual intercourse on more than one ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-occasion. The witnesses describe Ms Sharman telling them individually and in the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:presence of others that Ms Sharman had sex with a student and that she had a sexual ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relationship with him so that on the balance of probabilities the panel are satisfied that ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:sexual activity took place more than once. Based on the totality of the evidence the panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-are satisfied that there was an intimate and sustained relationship between Ms Sharman ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-and Pupil A over an extended period. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-On 20 June 2015, Ms Sharman told Witness B about the letter she had received from ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Pupil A and disclosed that "lines had been crossed". On 21 June 2015, Ms Sharman told ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Witness A about the letter she had received from Pupil A and confirmed that she had a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relationship with him. Ms Sharman's ex-partner arrived later that evening and Ms ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:Sharman told him about the letter from Pupil A and said "I've had sex with a student". ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Shortly after she repeated this disclosure to her sister and parents. Both these ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-disclosures took place in the presence of Witness A. On 21 June 2015, Witness B spoke ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-to Ms Sharman by telephone and told her that she would be informing the Head Teacher ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-at the school of the disclosure. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-On this basis the panel find allegation 1 and its particulars proven. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-may bring the profession into disrepute ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Having found the allegation to have been proven, the panel has gone on to consider -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-are likely to have punitive effect. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel has considered the particular public interest considerations set out in the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Advice and having done so has found them all to be relevant in this case, namely the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-protection of pupils, the protection of other members of the public, the maintenance of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-public confidence in the profession and declaring and upholding proper standards of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-conduct. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-In light of the panel’s findings that Ms Sharman engaged in an inappropriate relationship ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:with Pupil A which involved sexual activity on more than one occasion including sexual ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-intercourse, there is a strong public interest consideration in respect of the protection of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-pupils. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- 9 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-considerations both in favour of and against prohibition as well as the interests of Ms ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Sharman. The panel took further account of the Advice, which suggests that a prohibition ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-order may be appropriate if certain behaviours of a teacher have been proven. The panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-consider that Ms Sharman's conduct constitutes: - ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  a serious departure from the personal and professional conduct elements of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- Teachers’ Standards; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  an abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- the rights of pupils; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:  sexual misconduct: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-Even though there were behaviours that would point to a prohibition order being ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-measure to impose, particularly taking into account the nature and severity of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-behaviour in this case. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-There is no evidence that Ms Sharman's action were not deliberate and there is no ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-evidence to suggest that she was acting under duress. In fact, the panel found the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teacher’s actions to be calculated and intentional. However, Ms Sharman does have a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-previous good history and the panel noted the oral evidence of Witness B that she was -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-to recommend that a review period of the order should be considered. The panel were ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-mindful that a prohibition order applies for life, but there may be circumstances in any ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-years. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:review period being recommended. These behaviours include serious sexual misconduct ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-that resulted in or had the potential to result in harm to a person, particularly where the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-individual has used their professional position to influence or exploit a person. The panel ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-heard evidence of the significant impact of Ms Sharman's disclosures on friends and ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-colleagues. The panel also noted Pupil A's account of the impact the relationship had on ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-him. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-for the prohibition order to be recommended without provisions for a review period. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-The panel has gone on to take into account the Advice published by the Secretary of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-State. That advice suggests that a prohibition order may be appropriate if certain ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-behaviours of a teacher have been proven. In the list of such behaviours, those that are ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-relevant in this case are: ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  a serious departure from the personal and professional conduct elements of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- Teachers’ Standards; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-  an abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- the rights of pupils; ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:  sexual misconduct. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I have considered the public interest in this case. I agree with the panel that there is a ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-strong public interest consideration in respect of the protection of pupils given the panel’s ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-findings that Ms Sharman engaged in an inappropriate relationship with a pupil, which ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:involved sexual activity on more than one occasion including sexual intercourse. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I have taken into account the guidance published by the Secretary of State. I have also ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-taken into account the need to be proportionate and to balance the interests of the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teacher with the interests of the public. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I have taken into account the mitigating factors considered by the panel. I note that the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-panel found there was no evidence that Ms Sharman’s behaviour or actions were not ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-deliberate or that she was acting under duress. In fact, I note that the panel found the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teacher’s actions to be calculated and intentional. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- -- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-satisfied that having received appropriate safeguarding training Ms Sharman was fully ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-aware of the seriousness of her misconduct. The panel noted that this relationship was ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-both covert and sustained over a considerable period of time. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I support the recommendation made by the panel. This was a serious case and it is ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-appropriate, proportionate and in the public interest that Ms Sharman be prohibited from ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-teaching. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I now turn to the matter of a review period. I have taken into account the Advice which ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-indicates that there are behaviours that, if proven, would militate against a review period ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf:being allowed. These behaviours include serious sexual misconduct. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-I note the panel heard evidence of the significant impact of Ms Sharman's disclosures on ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-friends and colleagues, and noted the account of the impact the relationship had on the ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-pupil concerned. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-For the reasons stated above, I support the recommendation that there be no review ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf-period. ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- ./Alexandra_Sharman_14169-_SoS_decision_for_WEB.pdf- 12 ./Alston__S_-_Web_Decision.pdf-Teacher: Mr Stuart Alston ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Teacher ref number: 1080370 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Teacher date of birth: 7 March 1987 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-TRA reference: 16282 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Date of determination: 18 May 2018 ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:Former employer: Harwich and Dovercourt High School, Essex ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- St Paul’s Academy, London ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- Sudbury Upper School, Suffolk ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-A. Introduction ./Alston__S_-_Web_Decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the ./Alston__S_-_Web_Decision.pdf-Agency”) convened on 10 April 2018 and 18 May 2018 at 53 to 55 Butts Road, Earlsdon ./Alston__S_-_Web_Decision.pdf-Park, Coventry CV1 3BH to consider the case of Mr Stuart Alston. -- ./Alston__S_-_Web_Decision.pdf-B. Allegations ./Alston__S_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 2 March ./Alston__S_-_Web_Decision.pdf-2018. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-It was alleged that Mr Alston was guilty of unacceptable professional conduct and/or ./Alston__S_-_Web_Decision.pdf-conduct that may bring the profession into disrepute, in that he: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 1. Whilst employed as a teacher at Harwich and Dovercourt High School in or around ./Alston__S_-_Web_Decision.pdf: 2016, engaged in sexual activity with Young Person A, who was an apprentice at ./Alston__S_-_Web_Decision.pdf- the school, on one or more occasions ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 2. Lied on one or more occasions about his relationship with Young Person A when ./Alston__S_-_Web_Decision.pdf- asked by one or more staff members at the school ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 3. When applying for a position at Harwich and Dovercourt High School in or around ./Alston__S_-_Web_Decision.pdf- May 2015, provided inaccurate information on his application form, in particular ./Alston__S_-_Web_Decision.pdf- he: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- a. Provided an incorrect end date for his employment with Sudbury Upper -- ./Alston__S_-_Web_Decision.pdf- Academy, failed to declare that he had been the subject of any child protection ./Alston__S_-_Web_Decision.pdf- concern either in his work or personal life, or disciplinary action in relation thereto, ./Alston__S_-_Web_Decision.pdf- including any which is time expired, as was required on the “Catholic Education ./Alston__S_-_Web_Decision.pdf- Service Teacher Application Form” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 5. Whilst employed as a teacher at Sudbury Upper School, in or around 2011, ./Alston__S_-_Web_Decision.pdf- engaged in inappropriate contact with: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- a. Former Pupil B, who he had a romantic relationship with ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf: b. Pupil C, who he had sexual contact with and / or kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- c. Former Pupil D, who he kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 4 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf-The panel was advised that if it is the panel’s view that there is sufficient information to ./Alston__S_-_Web_Decision.pdf:warrant the inclusion of an allegation of “sexual motivation”, it could be a serious ./Alston__S_-_Web_Decision.pdf-procedural irregularity to omit the allegation if it removed an issue from consideration by ./Alston__S_-_Web_Decision.pdf-the panel that could impact on the panel’s decision as to its recommendation. At a ./Alston__S_-_Web_Decision.pdf-hearing, the panel would have the power to amend the notice of proceedings, but could ./Alston__S_-_Web_Decision.pdf-not do so at a meeting. The panel was advised that it did not need to determine whether ./Alston__S_-_Web_Decision.pdf:sexual motivation would be proven, it need only decide whether it should adjourn for an ./Alston__S_-_Web_Decision.pdf-amendment to the allegation to be considered. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:In light of this advice, the panel was minded to adjourn to enable the allegation of “sexual ./Alston__S_-_Web_Decision.pdf-motivation” to be considered. Upon communicating this to the Agency, the panel was ./Alston__S_-_Web_Decision.pdf-informed that there would be an inevitable delay if a hearing needed to be convened, and ./Alston__S_-_Web_Decision.pdf-was asked to consider if the amendment to the allegation was necessary in order to ./Alston__S_-_Web_Decision.pdf-determine its recommendation in this case. The panel therefore considered whether ./Alston__S_-_Web_Decision.pdf-there was any value in adjourning, given the delay and additional expense that would be ./Alston__S_-_Web_Decision.pdf-caused. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:Allegations 1 and 5.b., admitted by Mr Alston, refer to sexual activity with an apprentice ./Alston__S_-_Web_Decision.pdf:at the school and sexual contact with a pupil respectively. The panel considered that if it ./Alston__S_-_Web_Decision.pdf-was to find those allegations proven, depending on the panel’s view of the allegations, it ./Alston__S_-_Web_Decision.pdf:could be sufficient to amount to serious sexual misconduct. The panel noted that the ./Alston__S_-_Web_Decision.pdf-definition contained in the “Teacher misconduct: The prohibition of teachers Advice” (“the ./Alston__S_-_Web_Decision.pdf-Advice”) refers to “Unacceptable Professional Conduct” as being “misconduct of a ./Alston__S_-_Web_Decision.pdf-serious nature, falling significantly short of the standard of behaviour expected of a ./Alston__S_-_Web_Decision.pdf:teacher”. Conduct involving sexual activity or contact could fall short of Teachers’ ./Alston__S_-_Web_Decision.pdf:Standards regardless of whether such activity was sexually motivated. Furthermore, the ./Alston__S_-_Web_Decision.pdf-Advice states that a teacher’s behaviour will be considered likely to be incompatible with ./Alston__S_-_Web_Decision.pdf:being a teacher if there is evidence of sexual misconduct. An example of sexual ./Alston__S_-_Web_Decision.pdf:misconduct is given as “involving actions that were sexually motivated or of a sexual ./Alston__S_-_Web_Decision.pdf-nature and/ or that exploit the trust, knowledge or influence derived from the individual’s ./Alston__S_-_Web_Decision.pdf:professional position. It is therefore not a requisite that a teacher’s actions be sexually ./Alston__S_-_Web_Decision.pdf-motivated in order for a prohibition order to be recommended, nor in order for it to be ./Alston__S_-_Web_Decision.pdf-recommended that a prohibition order be imposed with no provision for the teacher to ./Alston__S_-_Web_Decision.pdf-apply for it to be set aside. The panel did not therefore consider that the inclusion of an ./Alston__S_-_Web_Decision.pdf:allegation of sexual motivation would impact upon its decision on its recommendation. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel considered the interests of justice and given that the facts alleged have been ./Alston__S_-_Web_Decision.pdf-admitted, that Mr Alston has requested a meeting and the panel has the benefit of Mr ./Alston__S_-_Web_Decision.pdf-Alston’s representations, justice would be adequately served by considering this matter ./Alston__S_-_Web_Decision.pdf-at a meeting. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel carefully considered the public interest. The panel noted that if the case ./Alston__S_-_Web_Decision.pdf-proceeded in a meeting, there would be a public announcement of the panel’s ./Alston__S_-_Web_Decision.pdf-decision. The panel also had in mind that if the meeting was adjourned for a hearing to ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf-be convened, there would be a cost to the public purse, which would not be justified, ./Alston__S_-_Web_Decision.pdf:given that the panel’s assessment that an allegation of sexual motivation would not ./Alston__S_-_Web_Decision.pdf-impact on its ability to decide whether the allegations amounted to unacceptable ./Alston__S_-_Web_Decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute, nor ./Alston__S_-_Web_Decision.pdf-upon its recommendation. The panel also had regard to the delay that would be caused ./Alston__S_-_Web_Decision.pdf-in convening a hearing and considered it to be in the public interest to reach a final ./Alston__S_-_Web_Decision.pdf-determination in this matter without further delay. The panel therefore decided to proceed ./Alston__S_-_Web_Decision.pdf-with the meeting, but noted that it could, at any stage of the meeting, reconsider this ./Alston__S_-_Web_Decision.pdf-issue. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Findings of fact ./Alston__S_-_Web_Decision.pdf-Our findings of fact are as follows: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Alston__S_-_Web_Decision.pdf-the following reasons: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 1. Whilst employed as a teacher at Harwich and Dovercourt High School in or ./Alston__S_-_Web_Decision.pdf: around 2016, engaged in sexual activity with Young Person A, who was an ./Alston__S_-_Web_Decision.pdf- apprentice at the school, on one or more occasions ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Mr Alston admitted this allegation in the agreed statement of facts dated 6 February 2018 ./Alston__S_-_Web_Decision.pdf-and this was further supported by admissions within correspondence exchanged with the ./Alston__S_-_Web_Decision.pdf-presenting officer in the course of these proceedings. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel also had regard to the notes of the school’s interviews with Young Person A in ./Alston__S_-_Web_Decision.pdf:which she confirmed she had engaged in sexual activity with Mr Alston. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel found this allegation proven on the balance of probabilities. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 2. Lied on one or more occasions about your relationship with Young Person A ./Alston__S_-_Web_Decision.pdf- when asked by one or more staff members at the school ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-Mr Alston admitted this allegation in the agreed statement of facts dated 6 February 2018 ./Alston__S_-_Web_Decision.pdf-and this was further supported by admissions within correspondence exchanged with the ./Alston__S_-_Web_Decision.pdf-presenting officer in the course of these proceedings. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel carefully considered notes of the Mr Alston’s interviews with the school which ./Alston__S_-_Web_Decision.pdf:showed Mr Alston denied having a sexual relationship with Young Person A on at least ./Alston__S_-_Web_Decision.pdf-one occasion. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel found this allegation proven on the balance of probabilities. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 7 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf-and this was further supported by admissions within correspondence exchanged with the ./Alston__S_-_Web_Decision.pdf-presenting officer in the course of these proceedings. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel found this allegation proven on the balance of probabilities. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 5. Whilst employed as a teacher at Sudbury Upper School, in or around 2011, ./Alston__S_-_Web_Decision.pdf- engaged in inappropriate contact with: ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- a. Former Pupil B, who you had a romantic relationship with ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf: b. Pupil C, who you had sexual contact with and / or kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- c. Former Pupil D, who you kissed ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 8 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf- statutory provisions; ./Alston__S_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Alston__S_-_Web_Decision.pdf- practices of the school in which they teach ./Alston__S_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Alston__S_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Alston__S_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Alston fell significantly short of the standards ./Alston__S_-_Web_Decision.pdf-expected of the profession. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel has also considered whether Mr Alston’s conduct displayed behaviours ./Alston__S_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Alston__S_-_Web_Decision.pdf:that the offences of serious dishonesty and sexual activity are relevant. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Alston__S_-_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Alston__S_-_Web_Decision.pdf-professional conduct. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Alston__S_-_Web_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf- 10 ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Alston__S_-_Web_Decision.pdf- Teachers’ Standards; ./Alston__S_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Alston__S_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Alston__S_-_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Alston__S_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Alston__S_-_Web_Decision.pdf- rights of pupils; ./Alston__S_-_Web_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Alston__S_-_Web_Decision.pdf- been repeated and/or covered up; ./Alston__S_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Alston__S_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Alston__S_-_Web_Decision.pdf- from the individual’s professional position; ./Alston__S_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Alston__S_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Alston__S_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Alston__S_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Alston__S_-_Web_Decision.pdf-behaviour in this case. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel considered that there was no evidence that the teacher’s actions were not ./Alston__S_-_Web_Decision.pdf-deliberate. There was no evidence to suggest that the teacher was acting under duress, ./Alston__S_-_Web_Decision.pdf-and in fact the panel found the teacher’s actions to be calculated and motivated. -- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Alston__S_-_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Alston__S_-_Web_Decision.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./Alston__S_-_Web_Decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Alston__S_-_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Alston__S_-_Web_Decision.pdf-years. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Alston__S_-_Web_Decision.pdf-review period being recommended. These behaviours include serious dishonesty and ./Alston__S_-_Web_Decision.pdf:serious sexual misconduct, e.g. where the act was sexually motivated and resulted in or ./Alston__S_-_Web_Decision.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Alston__S_-_Web_Decision.pdf-individual has used their professional position to influence or exploit a person or persons ./Alston__S_-_Web_Decision.pdf-The panel has found that Mr Alston repeatedly abused his position of trust in pursuing ./Alston__S_-_Web_Decision.pdf-relationships with pupils, former pupils and young people with whom he held a position of ./Alston__S_-_Web_Decision.pdf-trust, that he lied about these relationships, and that he was dishonest in applying for two ./Alston__S_-_Web_Decision.pdf-separate jobs within schools. The panel was concerned that Mr Alston had already been ./Alston__S_-_Web_Decision.pdf-subject to disciplinary warning in relation to a child protection concern and had failed to ./Alston__S_-_Web_Decision.pdf-declare this on a job application. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be -- ./Alston__S_-_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Alston__S_-_Web_Decision.pdf- professional position; ./Alston__S_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Alston__S_-_Web_Decision.pdf- statutory provisions; ./Alston__S_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Alston__S_-_Web_Decision.pdf- practices of the school in which they teach ./Alston__S_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Alston__S_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Alston__S_-_Web_Decision.pdf-In this particular case, the panel has also considered whether Mr Alston’s conduct ./Alston__S_-_Web_Decision.pdf-displayed behaviours associated with any of the offences listed on pages 8 and 9 of the ./Alston__S_-_Web_Decision.pdf:Advice and has found that the offences of serious dishonesty and sexual activity are ./Alston__S_-_Web_Decision.pdf-relevant. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The panel finds that the conduct of Mr Alston fell significantly short of the standards ./Alston__S_-_Web_Decision.pdf-expected of the profession. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-The findings of misconduct are particularly serious as they include findings of both ./Alston__S_-_Web_Decision.pdf:dishonesty and also sexual activity. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Alston__S_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Alston__S_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Alston__S_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Alston__S_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Alston__S_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Alston__S_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Alston__S_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Alston__S_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Alston__S_-_Web_Decision.pdf-panel sets out as follows, “Mr Alston’s lack of insight into his behaviour”. In my judgement ./Alston__S_-_Web_Decision.pdf-the lack of insight means that there is some risk of the repetition of this behaviour and ./Alston__S_-_Web_Decision.pdf-this risks the future well being of pupils. I have therefore given this element considerable ./Alston__S_-_Web_Decision.pdf-weight in reaching my decision. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Alston__S_-_Web_Decision.pdf-confidence in the profession. The panel observe, “the uniquely influential role that ./Alston__S_-_Web_Decision.pdf-teachers can hold in pupils’ lives and that pupils must be able to view teachers as role ./Alston__S_-_Web_Decision.pdf-models in the way they behave.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf:I am particularly mindful of the findings of both dishonesty and sexual activity in this case ./Alston__S_-_Web_Decision.pdf-and the impact that such a finding has on the reputation of the profession. The panel say, ./Alston__S_-_Web_Decision.pdf-“Mr Alston repeatedly abused his position of trust in pursuing relationships with pupils, ./Alston__S_-_Web_Decision.pdf-former pupils and young people with whom he held a position of trust, that he lied about ./Alston__S_-_Web_Decision.pdf-these relationships, and that he was dishonest in applying for two separate jobs within ./Alston__S_-_Web_Decision.pdf-schools. The panel was concerned that Mr Alston had already been subject to ./Alston__S_-_Web_Decision.pdf-disciplinary warning in relation to a child protection concern and had failed to declare this ./Alston__S_-_Web_Decision.pdf-on a job application.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Alston__S_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public -- ./Alston__S_-_Web_Decision.pdf:dishonesty and serious sexual misconduct, e.g. where the act was sexually motivated ./Alston__S_-_Web_Decision.pdf-and resulted in or had the potential to result in, harm to a person or persons, particularly ./Alston__S_-_Web_Decision.pdf-where the individual has used their professional position to influence or exploit a person ./Alston__S_-_Web_Decision.pdf-or persons.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Alston__S_-_Web_Decision.pdf-Mr Alston has made to the profession. In my view it is necessary to impose a prohibition ./Alston__S_-_Web_Decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Alston__S_-_Web_Decision.pdf-not backed up by remorse or insight does not in my view satisfy the public interest ./Alston__S_-_Web_Decision.pdf-requirement concerning public confidence in the profession. ./Alston__S_-_Web_Decision.pdf- -- ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have considered the panel’s comments “Mr Alston repeatedly abused his position of ./Alston__S_-_Web_Decision.pdf-trust in pursuing relationships with pupils, former pupils and young people with whom he ./Alston__S_-_Web_Decision.pdf-held a position of trust, that he lied about these relationships, and that he was dishonest ./Alston__S_-_Web_Decision.pdf-in applying for two separate jobs within schools.” ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Alston__S_-_Web_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Alston__S_-_Web_Decision.pdf-in the profession. In this case, there are three factors that in my view mean that allowing ./Alston__S_-_Web_Decision.pdf-for no review period is proportionate and in the public interest. These elements are the ./Alston__S_-_Web_Decision.pdf:serious dishonesty, the sexual misconduct and the lack of insight or remorse. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-I consider therefore that allowing for no review period is required to satisfy the ./Alston__S_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Alston__S_-_Web_Decision.pdf- ./Alston__S_-_Web_Decision.pdf-This means that Mr Stuart Alston is prohibited from teaching indefinitely and ./Alston__S_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Alston__S_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Alston__S_-_Web_Decision.pdf-found proved against him, I have decided that Mr Stuart Alston shall not be entitled to ./Alston__S_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Alston__S_-_Web_Decision.pdf- ./Ariss__R_14223_Web_decision.pdf-B. Allegations ./Ariss__R_14223_Web_decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 19 ./Ariss__R_14223_Web_decision.pdf-September 2016. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-It was alleged that Mr Richard Ariss was guilty of having been convicted of a relevant ./Ariss__R_14223_Web_decision.pdf-offence, in that: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 1. On 12 February 2016 at Exeter Crown Court, he was upon his own ./Ariss__R_14223_Web_decision.pdf- confession, convicted on indictment of: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf:  one count of causing or inciting a child under 16 to engage in sexual ./Ariss__R_14223_Web_decision.pdf- activity – no penetration contrary to section 10 of the Sexual Offences ./Ariss__R_14223_Web_decision.pdf- Act 2003; ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  two counts of causing or inciting a girl aged between 13 to 15 to engage ./Ariss__R_14223_Web_decision.pdf: in sexual activity, where the offender is over the age of 18, contrary to ./Ariss__R_14223_Web_decision.pdf- section 10 of the Sexual Offences Act 2003. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-In the agreed Statement of Agreed Facts dated 1 July 2016 (pages 12 – 14), Mr Richard ./Ariss__R_14223_Web_decision.pdf-Ariss admitted the facts of the allegations and that the conviction amounted to a relevant ./Ariss__R_14223_Web_decision.pdf-offence for the purpose of proceedings before the National College. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-C. Preliminary applications ./Ariss__R_14223_Web_decision.pdf-Tony Heath and Gill Tomlinson noted that they had started to deal with this matter before ./Ariss__R_14223_Web_decision.pdf-but have not previously discussed or decided upon the merits of the case as a member of ./Ariss__R_14223_Web_decision.pdf-the initial panel declared a conflict resulting in the meeting being adjourned until today. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-An application was made on paper by the presenting officer on behalf of the National ./Ariss__R_14223_Web_decision.pdf-College. The representations on behalf of the presenting officer were signed and dated ./Ariss__R_14223_Web_decision.pdf-20 October 2016. The application was to amend the allegations as set out in the Notice ./Ariss__R_14223_Web_decision.pdf-of Meeting dated 19 September 2016 as a typographical error refers to Mr Ariss having ./Ariss__R_14223_Web_decision.pdf:been convicted of an offence under section 70 of the Sexual Offences Act 2003 (sexual ./Ariss__R_14223_Web_decision.pdf:penetration of a corpse), rather than section 10 (causing or inciting a child into sexual ./Ariss__R_14223_Web_decision.pdf-activity). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel noted that the Statement of Agreed Facts as signed by Mr Ariss (pages 12-14) ./Ariss__R_14223_Web_decision.pdf-and the Certificate of Conviction (page 20) both refer to the offence of causing or inciting ./Ariss__R_14223_Web_decision.pdf:a child to engage in sexual activity (and the Statement of Agreed Facts specifically refers ./Ariss__R_14223_Web_decision.pdf-to section 10 of the Sexual Offences Act). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-On the basis of this evidence, the panel was satisfied that the reference to section 70 of ./Ariss__R_14223_Web_decision.pdf-the Sexual Offences Act was a typographical error and the allegations should be ./Ariss__R_14223_Web_decision.pdf-amended where necessary to refer to section 10 of the Sexual Offences Act. The panel ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 4 ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf-hearing. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss qualified as a teacher in July 2010 and was employed as a mathematics teacher ./Ariss__R_14223_Web_decision.pdf-at the school from July 2010 to May 2014. On 1 June 2014 Mr Ariss began employment ./Ariss__R_14223_Web_decision.pdf-as a teacher of mathematics at Westlands School. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Between June 2014 and September 2014 Mr Ariss engaged in an inappropriate ./Ariss__R_14223_Web_decision.pdf-relationship with Pupil A. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-On 12 February 2016, upon his own confession, Mr Ariss was convicted on indictment of ./Ariss__R_14223_Web_decision.pdf:one count of causing or inciting child under 16 to engage in sexual activity – no ./Ariss__R_14223_Web_decision.pdf-penetration; and two counts of causing or inciting a female child aged 13-15 to engage in ./Ariss__R_14223_Web_decision.pdf:sexual activity contrary to section 10 of the Sexual Offences Act 2003. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Findings of fact ./Ariss__R_14223_Web_decision.pdf-Our findings of fact are as follows: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-We have found the following particulars of the allegations against you proved, for these ./Ariss__R_14223_Web_decision.pdf-reasons: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 1. On 12 February 2016 at Exeter Crown Court, you were upon your own ./Ariss__R_14223_Web_decision.pdf- confession, convicted on indictment of: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf:  one count of causing or inciting a child under 16 to engage in sexual ./Ariss__R_14223_Web_decision.pdf- activity – no penetration contrary to section 10 of the Sexual Offences ./Ariss__R_14223_Web_decision.pdf- Act 2003; ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  two counts of causing or inciting a girl aged between 13 to 15 to engage ./Ariss__R_14223_Web_decision.pdf: in sexual activity, where the offender is over the age of 18, contrary to ./Ariss__R_14223_Web_decision.pdf- section 10 of the Sexual Offences Act 2003. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss admits these allegations in the Statement of Agreed Facts dated 1 July 2016 ./Ariss__R_14223_Web_decision.pdf-(page 12-14). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has seen the Certificate of Conviction dated 12 February 2016, which confirms ./Ariss__R_14223_Web_decision.pdf-that Mr Ariss was convicted of: (1) one count of causing or inciting a female child under ./Ariss__R_14223_Web_decision.pdf:16 to engage in sexual activity – no penetration; and (2) two counts of causing or inciting ./Ariss__R_14223_Web_decision.pdf:a girl aged 13-15 to engage in sexual activity (page 20). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 6 ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Ariss__R_14223_Web_decision.pdf-The panel considered that Mr Ariss’ behaviour in committing the offence could affect the ./Ariss__R_14223_Web_decision.pdf-public confidence in the teaching profession given the influence that teachers may have ./Ariss__R_14223_Web_decision.pdf-on pupils, parents and others in the community. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has noted that Mr Ariss’ behaviour has ultimately led to him receiving a ./Ariss__R_14223_Web_decision.pdf-sentence of imprisonment which is indicative of the seriousness of the offences ./Ariss__R_14223_Web_decision.pdf-committed. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf:This is a case in respect of an offence involving sexual activity, which the document ./Ariss__R_14223_Web_decision.pdf-Teacher Misconduct: The Prohibition of Teachers “the Advice” states is likely to be ./Ariss__R_14223_Web_decision.pdf-considered a relevant offence. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has taken into account the fact that Mr Ariss was of previous good character. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 7 ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf-In considering whether to recommend to the Secretary of State that a prohibition order ./Ariss__R_14223_Web_decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Ariss__R_14223_Web_decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Ariss__R_14223_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Ariss__R_14223_Web_decision.pdf-are likely to have punitive effect. The panel has considered the particular public interest ./Ariss__R_14223_Web_decision.pdf-considerations set out in the Advice and having done so has found a number of them to ./Ariss__R_14223_Web_decision.pdf-be relevant in this case, namely: the protection of pupils, the maintenance of public ./Ariss__R_14223_Web_decision.pdf-confidence in the profession, and declaring and upholding proper standards of conduct. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-In light of the panel’s findings against Mr Ariss, which involved causing or inciting a child ./Ariss__R_14223_Web_decision.pdf:to engage in sexual activity, there is a strong public interest consideration in respect of ./Ariss__R_14223_Web_decision.pdf-the protection of pupils given the serious findings of an inappropriate relationship with a ./Ariss__R_14223_Web_decision.pdf-child. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Ariss__R_14223_Web_decision.pdf-weakened if conduct such as that found against Mr Ariss were not treated with the utmost ./Ariss__R_14223_Web_decision.pdf-seriousness when regulating the conduct of the profession. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Ariss__R_14223_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Ariss__R_14223_Web_decision.pdf-Ariss was outside that which could reasonably be tolerated. -- ./Ariss__R_14223_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Ariss__R_14223_Web_decision.pdf- Teachers’ Standards; ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Ariss__R_14223_Web_decision.pdf- particularly where there is a continuing risk; ./Ariss__R_14223_Web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Ariss__R_14223_Web_decision.pdf- the rights of pupils; ./Ariss__R_14223_Web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Ariss__R_14223_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Ariss__R_14223_Web_decision.pdf- from the individual’s professional position; and ./Ariss__R_14223_Web_decision.pdf-  The commission of a serious criminal offence, including those that resulted in a ./Ariss__R_14223_Web_decision.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Ariss__R_14223_Web_decision.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Ariss__R_14223_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Ariss__R_14223_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Ariss__R_14223_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Ariss__R_14223_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Ariss__R_14223_Web_decision.pdf-behaviour in this case. There was no evidence to suggest that the teacher was acting ./Ariss__R_14223_Web_decision.pdf-under duress, and in fact the panel found the teacher’s actions to be deliberate, -- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Ariss__R_14223_Web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Ariss. In ./Ariss__R_14223_Web_decision.pdf-reaching this opinion, the following points were significant factors: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  The panel noted, and agreed with the comments of the Judge at Mr Ariss’ trial, ./Ariss__R_14223_Web_decision.pdf- that his actions were “planned and premeditated” and it was “a classic case of ./Ariss__R_14223_Web_decision.pdf- what is called ‘grooming’” (pages 21-24); ./Ariss__R_14223_Web_decision.pdf-  The panel also noted that the Judge at Mr Ariss’ trial concluded that, had the ./Ariss__R_14223_Web_decision.pdf- relationship between Mr Ariss and Pupil A continued, there would have been ./Ariss__R_14223_Web_decision.pdf: sexual contact (pages 22-23); ./Ariss__R_14223_Web_decision.pdf-  The panel also agree with the Judge at Mr Ariss’ trial that there had been a ./Ariss__R_14223_Web_decision.pdf- significant breach of trust with regards to Pupil A. The panel also noted that this ./Ariss__R_14223_Web_decision.pdf- breach of trust is likely to have gone further and impacted upon the relationship ./Ariss__R_14223_Web_decision.pdf- and trust between Pupil A’s parents and the schools at which Mr Ariss had taught; ./Ariss__R_14223_Web_decision.pdf-  Mr Ariss had a blatant disregard for safeguarding policies that would have been in ./Ariss__R_14223_Web_decision.pdf- place at the schools in which he taught and which he would have been aware of; ./Ariss__R_14223_Web_decision.pdf-  Pupil A was a vulnerable 14-year-old student (Mr Ariss was 28 at the time of the ./Ariss__R_14223_Web_decision.pdf- relationship). Even to the extent that Mr Ariss did not know this before he started ./Ariss__R_14223_Web_decision.pdf- tutoring her, this would have become clear to him very shortly thereafter. His ./Ariss__R_14223_Web_decision.pdf- actions took advantage of this vulnerability; -- ./Ariss__R_14223_Web_decision.pdf-  The actions of Mr Ariss clearly had a very significant impact on Pupil A (who was ./Ariss__R_14223_Web_decision.pdf- already vulnerable), in that she tried to take her own life shortly after these matters ./Ariss__R_14223_Web_decision.pdf- came to a conclusion (page 23); ./Ariss__R_14223_Web_decision.pdf:  Mr Ariss admits to sending sexually explicit communications to Pupil A, which ./Ariss__R_14223_Web_decision.pdf- would never be appropriate or acceptable in this situation (page 60); ./Ariss__R_14223_Web_decision.pdf-  The panel was particularly concerned that, once he started to be investigated, Mr ./Ariss__R_14223_Web_decision.pdf- Ariss asked Pupil A to delete text messages and then to create a “back-up” story ./Ariss__R_14223_Web_decision.pdf- (page 61); ./Ariss__R_14223_Web_decision.pdf-  Throughout the various investigations, hearings and the trial, Mr Ariss, for the most ./Ariss__R_14223_Web_decision.pdf- part, still seems to be focussing on himself and the impact that his actions have ./Ariss__R_14223_Web_decision.pdf- had on him. The panel note that in his letter of mitigation dated 7 July 2016 and ./Ariss__R_14223_Web_decision.pdf- sent from prison, he states that he had been advised by his barrister and solicitors ./Ariss__R_14223_Web_decision.pdf- that, if the situation had been different, he could have sued Pupil A for ./Ariss__R_14223_Web_decision.pdf- harassment. The panel commented that specifically referring to this point -- ./Ariss__R_14223_Web_decision.pdf- mistake”. ./Ariss__R_14223_Web_decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Ariss__R_14223_Web_decision.pdf-prohibition order should be imposed with immediate effect. The panel went on to consider ./Ariss__R_14223_Web_decision.pdf-whether or not it would be appropriate for them to decide to recommend that a review ./Ariss__R_14223_Web_decision.pdf-period of the order should be considered. The panel were mindful that the Advice advises ./Ariss__R_14223_Web_decision.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Ariss__R_14223_Web_decision.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Ariss__R_14223_Web_decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Ariss__R_14223_Web_decision.pdf:review period being recommended. One of these behaviours is serious sexual ./Ariss__R_14223_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Ariss__R_14223_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Ariss__R_14223_Web_decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Ariss__R_14223_Web_decision.pdf:has found that Mr Ariss was responsible for causing or inciting sexual activity with a child, ./Ariss__R_14223_Web_decision.pdf:which it considers to be serious sexual misconduct. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-As stated above, the panel is not persuaded that Mr Ariss has shown sufficient insight ./Ariss__R_14223_Web_decision.pdf-into his actions, although it is noted that Mr Ariss accepts that he has made a “huge ./Ariss__R_14223_Web_decision.pdf-mistake.” ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Ariss__R_14223_Web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Ariss__R_14223_Web_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- -- ./Ariss__R_14223_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Ariss__R_14223_Web_decision.pdf-I have given very careful consideration to this case and to the recommendations made by ./Ariss__R_14223_Web_decision.pdf-the panel both in respect of sanction and review. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss has been found guilty of a relevant offence. The panel has seen the Certificate ./Ariss__R_14223_Web_decision.pdf-of Conviction dated 12 February 2016, which confirms that Mr Ariss was convicted of: (1) ./Ariss__R_14223_Web_decision.pdf:one count of causing or inciting a female child under 16 to engage in sexual activity – no ./Ariss__R_14223_Web_decision.pdf-penetration; and (2) two counts of causing or inciting a girl aged 13-15 to engage in ./Ariss__R_14223_Web_decision.pdf:sexual activity (page 20). ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I have noted that the panel has made reference to part two of the advice published by the ./Ariss__R_14223_Web_decision.pdf-Secretary of State, and they found Mr Ariss in breach of the following standards: ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Ariss__R_14223_Web_decision.pdf- ethics and behaviour, within and outside school, by ./Ariss__R_14223_Web_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Ariss__R_14223_Web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Ariss__R_14223_Web_decision.pdf- professional position; and ./Ariss__R_14223_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with -- ./Ariss__R_14223_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Ariss__R_14223_Web_decision.pdf-The panel is satisfied that the conduct of Mr Ariss fell significantly short of the standards ./Ariss__R_14223_Web_decision.pdf-expected of the profession. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Ariss__R_14223_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Ariss__R_14223_Web_decision.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession, ./Ariss__R_14223_Web_decision.pdf-and declaring and upholding proper standards of conduct. I agree with the panel’s view. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-In light of the panel’s findings against Mr Ariss, which involved causing or inciting a child ./Ariss__R_14223_Web_decision.pdf:to engage in sexual activity, there is a strong public interest consideration in respect of ./Ariss__R_14223_Web_decision.pdf-the protection of pupils given the serious findings of an inappropriate relationship with a ./Ariss__R_14223_Web_decision.pdf-child. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I note that the panel concluded that there was no evidence to suggest that the teacher ./Ariss__R_14223_Web_decision.pdf-was acting under duress, and in fact the panel found the teacher’s actions to be ./Ariss__R_14223_Web_decision.pdf-deliberate, calculated and premeditated. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf- 11 -- ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Ariss__R_14223_Web_decision.pdf-Ariss. I agree with that view. For the reasons set out above, I support the ./Ariss__R_14223_Web_decision.pdf-recommendation of the panel that Mr Ariss be prohibited from teaching. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I now turn to the matter of a review period. I have taken into account the Advice. Once ./Ariss__R_14223_Web_decision.pdf-again I have weighed the public interest and the interests of Mr Ariss, and have taken ./Ariss__R_14223_Web_decision.pdf-into account the need to be proportionate. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Ariss__R_14223_Web_decision.pdf:review period being recommended. One of these behaviours is serious sexual ./Ariss__R_14223_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Ariss__R_14223_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Ariss__R_14223_Web_decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Ariss__R_14223_Web_decision.pdf:has found that Mr Ariss was responsible for causing or inciting sexual activity with a child, ./Ariss__R_14223_Web_decision.pdf:which it considers to be serious sexual misconduct. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-I note the panel is not persuaded that Mr Ariss has shown sufficient insight into his ./Ariss__R_14223_Web_decision.pdf-actions. The panel felt the findings indicated a situation in which a review period would ./Ariss__R_14223_Web_decision.pdf-not be appropriate and as such decided that it would be proportionate in all the ./Ariss__R_14223_Web_decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Ariss__R_14223_Web_decision.pdf-review period. ./Ariss__R_14223_Web_decision.pdf- ./Ariss__R_14223_Web_decision.pdf-Mr Ariss’ behaviour has ultimately led to him receiving a sentence of imprisonment which ./Ariss__R_14223_Web_decision.pdf-is indicative of the seriousness of the offences committed. ./Ariss__R_14223_Web_decision.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- i. 'Will you give me a moment once you're 18?' ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ii. 'I might explain myself once you're 18, that way we'll talk openly' ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- iii. 'By legal reasons I can't' ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- 3. He engaged in conduct as may be found proved in 2.b above when he knew or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ought to have known that Child A was a vulnerable young person. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: 4. His conduct as may be found proven at 2.b above was of a sexual nature and/or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-In his response to the Notice of Proceedings dated 25 November 2019, Mr Artunduaga ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-indicated that he admitted the factual allegations. However, the panel noted that this was ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-inconsistent with an earlier response in which he stated that some of the allegations were ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-denied. As the panel was not satisfied that the admissions were clear and unequivocal, ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the panel treated the factual allegations as not admitted. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Mr Artunduaga denied unacceptable professional conduct and conduct that may bring ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the profession into disrepute. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-[REDACTED]. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-After careful consideration of all of the evidence, the panel was not satisfied that Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga knew about Child A's particular vulnerability. The panel recognised that Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga may have suspected that Child A had issues. However, based on the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-evidence presented, the panel was not satisfied that he knew or ought to have known of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-her particular vulnerability. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel found allegation 3 not proved. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: 4. Your conduct as may be found proven at 2.b above was of a sexual nature ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf: and/or sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel first considered whether the conduct of Mr Artunduaga, as found proved in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:allegation 2.b, was of a sexual nature. The panel recognised that Child A said that she ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-found the messages upsetting. Child A said that she briefly interacted with Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga in this exchange 'to try to work out what he meant' and she said that, 'I later ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-discussed the messages with Witness A because they messed with my head a bit'. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:The panel noted that the language used was not overtly or explicitly sexual. The panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:was not satisfied that the conduct of Mr Artunduaga was of a sexual nature. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel then considered whether the conduct found proven in allegation 2.b was ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:sexually motivated. In doing so, the panel had regard to the definition of 'sexual ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-motivation' in Sait v GMC, namely: ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:'A sexual motive means that the conduct was done either in pursuit of sexual gratification ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:or in pursuit of a future sexual relationship’. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:The panel noted that Mr Artunduaga had not used language of a sexually explicit or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-suggestive nature. The panel concluded that it was unable to draw an inference that the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-exchange of messages with Child A was for the purpose of Mr Artunduaga's immediate ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:sexual gratification. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:The panel then considered whether Mr Artunduaga's conduct was sexually motivated on ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:the basis that he was seeking to pursue a future sexual relationship with Child A. In his ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-written response dated 7 February 2020, Mr Artunduaga said: ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:'I never sent the message to [Child A] with sexual motivation. What I did, I did it because I ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-am someone who loves learning from those around me. I was curious to know about her ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:life story and that was all. Neither did I have an infatuation, nor did I have a sexual or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- 11 ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-English is not Mr Artunduaga's first language. The panel heard oral evidence that Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga's command of English was excellent. However, the panel also noted a ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-number of examples of his written English being unusually structured. An example from ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-his exchange with Child A was his use of the phrase, 'by legal reasons'. Other examples ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-were found throughout his written communications. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel carefully considered the evidence presented as to the exchange of messages ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-between Mr Artunduaga and Child A on or around 24 October 2020. The panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-recognised that this was a very limited basis on which it could infer that Mr Artunduaga ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:was seeking a future sexual relationship with Child A. Taking all of the evidence into ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-account, the panel was not satisfied, on the balance of probabilities, that Mr Artunduaga's ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:actions were sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel found allegation 4 not proved. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-may bring the profession into disrepute ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Having found allegations 2.a and 2.b proved, the panel went on to consider whether the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-facts of those proven allegations amounted to unacceptable professional conduct and/or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-conduct that may bring the profession into disrepute. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-proportionate. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-There was no evidence that Mr Artunduaga was acting under duress and Mr ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Artunduaga's actions in sending Child A inappropriate messages were deliberate. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-However, the panel did not believe that Mr Artunduaga intended to cause Child A to be ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-upset. Significantly, the panel has not made a finding that Mr Artunduaga's conduct was ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:sexually motivated. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Mr Artunduaga did not provide any character references or testimonials. However, the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-panel was informed that Mr Artunduaga has not been the subject of previous disciplinary ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-proceedings by the TRA or its predecessor. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Although the panel did not have the benefit of hearing from Mr Artunduaga in person, he ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-engaged with the proceedings throughout by providing written evidence and ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-submissions. In one of his written submissions, Mr Artunduaga said: ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-'I have learned many lessons from this experience. These not only relate to my -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-high degree of insight into his conduct and that the risk of any repetition is low. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel considered whether it would be proportionate to conclude this case with no ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-recommendation of prohibition, considering whether the publication of the findings made ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-by the panel would be sufficient. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the recommendation of no prohibition order would be both a proportionate and an ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-appropriate response. The panel concluded that the nature and severity of the behaviour ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-were at the less serious end of the possible spectrum. The panel reached this conclusion ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:taking into account the absence of any finding of sexual motivation or any awareness of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-Child A's particular vulnerability. Having regard to all of these factors, the panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-determined that a recommendation for a prohibition order would not be proportionate in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-this case. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The panel concluded that the publication of the adverse findings it had made was, in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-itself, a significant sanction sufficient to send an appropriate message to the teacher and ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- 15 ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- -- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-panel comment “Mr Artunduaga did not provide any character references or testimonials. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-However, the panel was informed that Mr Artunduaga has not been the subject of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-previous disciplinary proceedings by the TRA or its predecessor. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-A prohibition order would prevent Mr Artunduaga from teaching and would also clearly ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-In this case, I have to place considerable weight on the panel’s comments, “The panel ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-concluded that the nature and severity of the behaviour were at the less serious end of ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the possible spectrum. The panel reached this conclusion taking into account the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf:absence of any finding of sexual motivation or any awareness of Child A's particular ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-vulnerability.” ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-For these reasons, I have concluded that a prohibition order is not proportionate and in ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-the public interest. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-The findings of unacceptable professional conduct and conduct that is likely to bring the ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf-profession into disrepute should instead be published. ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Artunduaga_-Felix_Anibal_Castrillon_SoS_Decision-_REDACTED__for_WEB.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel considered the allegations set out in the Notice of Proceedings dated 19 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-March 2014. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-It was alleged that Mr Luke Atkinson was guilty of unacceptable professional conduct/ ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-conduct that may bring the profession into disrepute, in that, whilst employed at Balby ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Carr Community Sports and Science College he: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-1. In June 2012 failed to maintain professional boundaries by: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- a. Requesting that Pupil A and B join him in a hotel room; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- b. Taking Pupil A to a hotel room; and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf: c. Engaging in sexual activity with Pupil A. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-2. Failed to co-operate fully with the police investigation into a serious safeguarding ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-matter. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-3. Attempted to mislead those responsible for investigating the incidents within the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-school. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Mr Atkinson has admitted allegation 1.b. He has not admitted any of the other ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-allegations. Mr Atkinson has not admitted that allegation 1.b. (or any of the other -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Summary of Evidence ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Mr Luke Atkinson commenced his employment as a Physical Education teacher with ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Balby Carr Sports and Science College on 1 September 2010. In June 2012 Pupil A was ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-a sixth form student at Balby Carr Sports and Science College and was 17 years old. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Pupil A had not herself been taught by Mr Atkinson. On the evening of Saturday 16 June ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-2012 and/or early hours of Sunday 17 June 2012, Pupil A and Pupil B were in the Priory ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Nightclub, Doncaster, with a group of friends. Mr Atkinson also happened to be at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Priory Nightclub at the same time as Pupil A and Pupil B. It is alleged and the teacher ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-admits that he thereafter took Pupil A to a hotel room. It is the National College’s case ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:that he engaged in sexual activity with Pupil A at that time. The teacher denies that he ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:engaged in any sexual activity with Pupil A at all. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 6 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Following initial Local Authority Designated Officer (“LADO”) strategy meetings, a police ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-investigation was commenced, but Mr Atkinson was not charged as Pupil A did not wish ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-to pursue the matter. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-At a school disciplinary hearing on 29 November 2012 it was decided that Mr Atkinson ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-had taken Pupil A to a hotel room and that he had lied to the police about the matter. As ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-a result Mr Atkinson was dismissed with immediate effect. The decision makers at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-disciplinary hearing (who had not had the benefit of hearing oral evidence from Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:direct) did not find substantiated the allegation that Mr Atkinson had had sexual ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-intercourse with Pupil A. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Further LADO strategy meetings were conducted in relation to this matter. Those ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-present at LADO strategy meetings following the conclusion of the disciplinary ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:proceedings disagreed with the disciplinary hearing’s decision in respect of the sexual ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:allegation and believed that the information available suggested that sexual intercourse ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-had taken place. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Findings of Fact ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Our findings of fact are as follows: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-We have found the following particulars of the allegations against Mr Atkinson proven, for ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-these reasons: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Whilst employed at Balby Carr Community Sports and Science College -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-1. In June 2012 failed to maintain professional boundaries by: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-… ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-b. Taking Pupil A to a hotel room; and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The allegation has been admitted by Mr Atkinson and is corroborated by Pupil A and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-CCTV footage from the hotel. The allegation is found proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:c. Engaging in sexual activity with Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel considered the evidence of Pupil A, delivered by video-link, which supported ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-this allegation. The Panel took into account that some subtleties of tone or body ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-language may have been lost through the use of this method rather than Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-providing evidence to the Panel in person. Nonetheless the Panel found Pupil A to be a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-very credible witness. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 7 -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-denied taking her to a hotel room, until he was informed of CCTV footage contradicting ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-his position. These factors led the Panel to place less weight on Mr Atkinson’s evidence ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-than it would otherwise have done. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Taking into consideration all of these factors, the Panel preferred the evidence of Pupil A ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-and accordingly found this allegation proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-2. Failed to co-operate fully with the police investigation into a serious ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-safeguarding matter; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel was satisfied that the police investigation was into a serious safeguarding ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:matter, involving as it did allegations of sexual activity with a pupil. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel noted Mr Atkinson’s indication to the police that he had not taken Pupil A to a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-hotel room and that Mr Atkinson now accepted that he had in fact taken Pupil A to a hotel ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-room. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-A meeting note presented to the Panel also suggested that Mr Atkinson accepted in a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-school investigation meeting on 3 September 2012 that he had not given an accurate ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-account to the police. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel further noted that Mr Atkinson continued, at the time of the hearing, to deny ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:that he had engaged in sexual activity with Pupil A and that the Panel had found that, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:contrary to this, Mr Atkinson did engage in sexual activity with Pupil A in a hotel room. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-In light of the above, the Panel concluded that Mr Atkinson had failed to co-operate fully ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-with the police investigation into a serious safeguarding matter and accordingly that this ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-allegation was proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 8 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel noted Mr Atkinson’s indication to the school, in the investigation interview of 3 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-September 2012, that he had not arrived with Pupil A at the hotel but that, once informed ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-that CCTV existed showing him arriving at the hotel with Pupil A, Mr Atkinson admitted ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-this. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel also noted that the minutes of the meeting of the disciplinary hearing of 29 ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-November 2012 indicated that Mr Atkinson at that stage accepted that he had not initially ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-told the school the full truth. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel further noted that Mr Atkinson continued, at the time of the hearing, to deny ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:that he had engaged in sexual activity with Pupil A and that the Panel had found that, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:contrary to this, Mr Atkinson did engage in sexual activity with Pupil A in a hotel room. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-In light of the above, the Panel concluded that Mr Atkinson had attempted to mislead ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-those responsible for investigating the incidents within the school. Accordingly the Panel ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-found this allegation proven. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-We have found the following particulars of the allegation against Mr Atkinson not proven, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-for these reasons: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- and at all times observing proper boundaries appropriate to a teacher’s ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- professional position; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- with statutory provisions. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel is satisfied that the conduct of Mr Atkinson fell significantly short of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-standards expected of the profession. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel has also considered whether Luke Atkinson’s conduct displayed behaviours ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-associated with any of the offences listed on page 8 and 9 of the Guidance. The Panel ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-has found that Luke Atkinson’s conduct did display behaviours associated with an ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:offence involving sexual activity. The Guidance indicates that where behaviours ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-associated with such an offence exist, a Panel is likely to conclude that an individual’s ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-conduct would amount to unacceptable professional conduct. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel notes that the proven allegations all took place outside of the education setting ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-but that they involved a then current pupil at the school where he worked (Pupil A) being ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-exposed to Luke Atkinson’s behaviour in a harmful way. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Accordingly, the Panel is satisfied that Luke Atkinson is guilty of unacceptable ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-professional conduct. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-be given in order to be punitive, or to show that blame has been apportioned, although ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-they are likely to have punitive effect. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel has considered the particular public interest considerations set out in the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Teacher Misconduct – Prohibition of Teachers Advice and having done so has found a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-number of them to be relevant in this case, namely the protection of pupils, the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-maintenance of public confidence in the profession, declaring and upholding proper ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-standards of conduct. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-There is a strong public interest consideration in respect of the protection of pupils given ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:the finding that Mr Atkinson engaged in sexual activity with a pupil. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Similarly, the Panel considers that public confidence in the profession could be seriously ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:weakened if taking a pupil to a hotel room, engaging in sexual activity with a pupil, failing ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-to co-operate fully with a police investigation into a serious safeguarding matter and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-attempting to mislead those investigating the incidents within the school, were not treated ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-with the utmost seriousness when regulating the conduct of the profession. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel considered that a strong public interest consideration in declaring proper ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Atkinson was outside that which could reasonably be tolerated. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- 11 -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Atkinson. The Panel took further account of the Teacher Misconduct – Prohibition of ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Teachers Advice, which suggests that a prohibition order may be appropriate if certain ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-behaviours of a teacher have been proven. In the list of such behaviours are: ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-  serious departure from the personal and professional conduct elements of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- teachers’ standards ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-  misconduct seriously affecting the education and/or wellbeing of pupils, and ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- particularly where there is a continuing risk ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- rights of pupils ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- from the individual’s professional position; ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Even though there were behaviours that would point to a Prohibition Order being ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-appropriate, the Panel went on to consider whether or not there were sufficient mitigating ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-factors to militate against a Prohibition Order being an appropriate and proportionate ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-measure to impose, particularly taking into account the nature and severity of the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-behaviour in this case. The Panel has found that the teacher’s actions were deliberate ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-and there was no indication that he was acting under duress. The Panel did however ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-find that the teacher had a previously good history. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel is of the view that Prohibition is both proportionate and appropriate. We have ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-decided that the public interest considerations outweigh the interests of Mr Atkinson. The ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:potential harm to a pupil, abuse of trust and involvement of sexual misconduct were ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-significant factors in forming that opinion. Accordingly, the Panel makes a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-recommendation to the Secretary of State that a Prohibition Order should be imposed ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-with immediate effect. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel went on to consider whether or not it would be appropriate for them to decide ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-to recommend that a review period of the order should be considered. The Panel was ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-mindful that the Teacher Misconduct – Prohibition of Teachers Advice advises that a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Prohibition Order applies for life, but there may be circumstances in any given case that ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-reviewed after a specified period of time that may not be less than two years. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Teacher Misconduct – Prohibition of Teachers Advice indicates that there are ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-behaviours that, if proven, would militate against a review period being recommended. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:One of these behaviours is serious sexual misconduct, eg where the act was sexually ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-motivated and resulted in or had the potential to result in, harm to a person or persons, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-particularly where the individual has used their professional position to influence or ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-exploit a person or persons. The Panel has found that Mr Atkinson has engaged in ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:sexually activity with Pupil A which resulted in, or had the potential to result in, harm to ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Pupil A. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Notwithstanding the above, the Panel felt that the findings indicated a situation in which a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-review period would be appropriate and as such decided that it would be proportionate in ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-all the circumstances for the Prohibition Order to be recommended with provisions for a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-review after a period of five years. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-In reaching this conclusion the Panel took into consideration the fact that Pupil A had ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:indicated that she had engaged in the sexual activity with Mr Atkinson willingly at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:time; that Mr Atkinson was only six years older than Pupil A when the sexual activity took ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-place (being aged 23 to Pupil A’s 17); that Pupil A was above the age of consent at the ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-relevant time (had a position of trust not existed); that the Panel found this event to be an ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-isolated incident, that had not been pre-planned by Mr Atkinson; and that Mr Atkinson ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-was an inexperienced teacher, who had been a student at Balby Carr Community Sports ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-and Science College and had returned there as a teacher straight after qualifying. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The Panel believes that Mr Atkinson may have gained sufficient maturity and have ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-gained sufficient insight into his actions and their impact to be permitted to teach again, ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-once five years have passed, there is a greater age difference between him and his ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-potential pupils and he has gained further life experience. The Panel notes this does not -- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-I have given very careful consideration to this case and to the findings of the panel. I ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-have also given very careful consideration to the recommendation of the panel both in ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-respect of sanction and also review period. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:This is a very serious case involving serious sexual misconduct. The panel found that Mr ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:Atkinson had a sexual relationship with a student. He also denied the circumstances of ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-this case until he was shown CCTV evidence by the police. He continued to deny other ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-elements of the case that were found proven. He also did not accept that the one ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-allegation that he admitted was unacceptable conduct. As a result of his denials the pupil ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-witness had to attend and give evidence. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-The guidance published by the Secretary of State is very clear on the misconduct that ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-has been found in this case. I therefore support the recommendation of the panel that it is ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-proportionate and in the public interest to prohibit Mr Atkinson. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-I have also given very careful consideration to the matter of a review period. The advice ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf:is very clear that cases that involve serious sexual misconduct should be considered as ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-falling into the category of case where there is no provision for a review. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-I have not found sufficient evidence that Mr Atkinson has either insight or has expressed ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-remorse for his behaviour. His continuing denials of the facts and the implications of ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-those facts is evidence of that. ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf- ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-Although he was a young teacher at the time, his behaviour was deliberate and he would ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-have had no doubt that it was a serious breach of the standards that are expected of a ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-teacher. In my view his behaviour is so serious that a review period is not in the public ./Atkinson__Luke_0952741_Web_Decision_260614_pdf.pdf-interest. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 1. On or around 6 May 2016 she committed an act of shoplifting, for which she ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- subsequently received a penal notice; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 2. She provided false and/or misleading information, and/or failed to disclose ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- relevant information to the School including: ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- a. where she was residing on one or more occasions between June 2014 and ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- January 2018; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- b. with respect to the penal notice she received as set out at allegation 1 ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- above; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- c. by failing to inform the School that a member of her household: ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf: i. had been convicted of a sexual offence on or around 3 August 2015; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ii. was named on the Sex Offender Register; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- d. within an application for special leave on or around 19 June 2014 by stating ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- that the reason for her request was to attend court, which was untrue; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 3. Her conduct as may be found proven at allegation 2 was dishonest and / or lacked ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- integrity; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 4. Her conduct as may be found proven at allegation 2(c) was contrary to the ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- applicable ‘Keeping children safe in education: childcare disqualification ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- requirements – supplementary advice’. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-In the absence of / non-response from Ms Aziz, the allegations, including those relating ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-to unacceptable professional conduct and / or conduct that may bring the profession into -- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel considered that the penalty notice for disorder was something that would have ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-affected Ms Aziz’s suitability and therefore deemed it something which should have been ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-disclosed immediately, in accordance with the requirements of the signed declaration. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel therefore found that Ms Aziz failed to disclose relevant information and found ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-allegation 2(b) proven. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- c. by failing to inform the School that a member of her household: ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf: i. had been convicted of a sexual offence on or around 3 August ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 2015; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ii. was named on the Sex Offender Register; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Again, the panel noted that in the declaration form signed by Ms Aziz on 19 January ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-2015 she confirmed that she understood that she “must notify the headteacher (or an ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-SLT member in his absence) of Bigland Green Primary School immediately of anything ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-that affects [her] suitability including any cautions, warnings, convictions or other ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-determinations made in respect of [her] or a member of [her] household that would ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-render [her] disqualified from working with children”. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel had sight of [REDACTED] certificate of conviction and a MAPPA information ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-sharing document provided by the Metropolitan Police. These documents indicated that ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:[REDACTED] had been convicted of a sexual offence and that he had been named on ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:the sex offenders register for seven years. The panel acknowledged that the conviction ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- 10 ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- -- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel also considered whether [REDACTED] was a member of her household. The ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-panel noted that there was evidence to suggest that this was the case, including: an ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-email from the Metropolitan Police which stated “I have confirmed another 2 addresses ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-they have lived together” and the MAPPA document which stated “Numerous enquiries ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-were carried out on both subject’s in order to find an address they were both residing as ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-they were both giving” the same last address “as their current home address to all other ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-agencies that dealt with them”. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Accordingly, on the balance of probabilities, the panel found that Ms Aziz had failed to ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-disclose relevant information to the School by failing to inform the School that a member ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:of her household was a convicted sex offender who was on the sex offenders register. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel had no reason to doubt that Ms Aziz was aware of the convictions and noted ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-that Ms Aziz had actually attempted to visit [REDACTED] in prison. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Therefore, the panel found allegation 2(c) proven. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- d. within an application for special leave on or around 19 June 2014 by ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- stating that the reason for her request was to attend court, which was ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- untrue; ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel was taken to Ms Aziz’s request for a special leave of absence and noted that -- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-In the light of the panel’s findings against Ms Aziz, which involved shoplifting, dishonesty ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-and a failure to provide relevant information, there was a strong public interest ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-consideration in respect of the protection of pupils, given that Ms Aziz had failed to ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf:disclose the fact that a member of her household had committed sexual offences on an ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-adult over the age of 18. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-weakened if conduct such as that found against Ms Aziz were not treated with the utmost ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-seriousness when regulating the conduct of the profession. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf-Aziz was outside that which could reasonably be tolerated. ./Aziz_Fahmida_-_SoS_Decision_REDACTED_WEB_VERSION_3.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-It was alleged that Mr Baker was guilty of having been convicted of a relevant offence, in ./Baker__Simon_S_of_S_Decision_Redacted.pdf-that: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-1. On 10 January 2020, at lsle of Wight Magistrates' Court, he was convicted of: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- a) i. Four counts of 'Making indecent photograph or pseudo photograph of children on ./Baker__Simon_S_of_S_Decision_Redacted.pdf- 01/01/10 - 24/04/19', contrary to the Protection of Children Act 1978 s'1(a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ii. Two counts of 'Making indecent photograph or pseudo photograph of children on ./Baker__Simon_S_of_S_Decision_Redacted.pdf- 01/10/10 – 24/04/19’, contrary to the Protection of Children Act 1978 s.1 (a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf: b) One count of 'Possession of extreme pornographic images - of intercourse/oral sex ./Baker__Simon_S_of_S_Decision_Redacted.pdf- with dead/alive animal on 01/10/10 – 24/04/19', contrary to the Criminal Justice and ./Baker__Simon_S_of_S_Decision_Redacted.pdf- lmmigration Act 2008 s.63(1)(7)(d). ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-2. On 7 February 2020, at Newport (lsle of Wight) Crown Court, he was sentenced to: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- a) imprisonment for 24 months wholly suspended for 24 months; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- b) an unpaid work requirement; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- c) a rehabilitation activity requirement; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-allegation(s) to be considered without a hearing. The panel had the ability to direct that ./Baker__Simon_S_of_S_Decision_Redacted.pdf-the case be considered at a hearing if required in the interests of justice or in the public ./Baker__Simon_S_of_S_Decision_Redacted.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Baker__Simon_S_of_S_Decision_Redacted.pdf-in this case. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Mr Baker was employed at the School from January 2016 as a Teacher of Science. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Mr Baker was arrested by Hampshire Constabulary on 24 April 2019 and was suspended ./Baker__Simon_S_of_S_Decision_Redacted.pdf-from work on the same day. He was charged on 11 December 2019 with six offences of ./Baker__Simon_S_of_S_Decision_Redacted.pdf-making indecent images of children and one offence of possession of extreme ./Baker__Simon_S_of_S_Decision_Redacted.pdf:pornographic images. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-He pleaded guilty to, and was convicted of, the charges on 10 January 2020 at the Isle of ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Wight Magistrates Court. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-On 24 January 2020, the School commenced its disciplinary investigation and Mr Baker ./Baker__Simon_S_of_S_Decision_Redacted.pdf-was interviewed by the School on 30 January 2020. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-On 7 February 2020, Mr Baker was sentenced at Newport (IOW) Crown Court. He ./Baker__Simon_S_of_S_Decision_Redacted.pdf-attended a disciplinary hearing at the School on the same day. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-You have been convicted, at any time, of a relevant offence, in that: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-1. On 10 January 2020, at lsle of Wight Magistrates' Court, you were convicted of: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-a) i. Four counts of 'Making indecent photograph or pseudo photograph of children ./Baker__Simon_S_of_S_Decision_Redacted.pdf-on 01/01/10 - 24/04/19', contrary to the Protection of Children Act 1978 s.1(a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-ii. Two counts of 'Making indecent photograph or pseudo photograph of children ./Baker__Simon_S_of_S_Decision_Redacted.pdf-on 01/10/10 – 24/04/19',contrary to the Protection of Children Act 1978 s.1 (a); ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf:b) One count of 'Possession of extreme pornographic images - of intercourse/oral ./Baker__Simon_S_of_S_Decision_Redacted.pdf:sex with dead/alive animal on 01/10/10 – 24/04/19', contrary to the Criminal Justice ./Baker__Simon_S_of_S_Decision_Redacted.pdf-and lmmigration Act 2008 s.63(1)(7)(d). ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-This allegation was admitted and supported by the evidence presented to the panel, in ./Baker__Simon_S_of_S_Decision_Redacted.pdf-particular the Statement of Agreed Facts signed by Mr Baker, a Committal Record Sheet ./Baker__Simon_S_of_S_Decision_Redacted.pdf-recording the convictions, and a transcript of the sentencing remarks made by ./Baker__Simon_S_of_S_Decision_Redacted.pdf-[REDACTED] (Isle of Wight) Crown Court in relation to the convictions. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-There was no evidence put before the panel which suggested that there was not a ./Baker__Simon_S_of_S_Decision_Redacted.pdf-conviction as alleged. The allegation was therefore found proved. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The panel noted that, as found proven in relation to allegation 2, Mr Baker’s behaviour ./Baker__Simon_S_of_S_Decision_Redacted.pdf-ultimately led to a sentence of imprisonment (albeit that it was suspended), which was ./Baker__Simon_S_of_S_Decision_Redacted.pdf-indicative of the seriousness of the offences committed. The sentencing judge had ./Baker__Simon_S_of_S_Decision_Redacted.pdf-described the offence as “very, very, serious”, involving possession of 9,000 or more ./Baker__Simon_S_of_S_Decision_Redacted.pdf-images over of a period of nine years. Mr Baker had also been made subject to a 10-year ./Baker__Simon_S_of_S_Decision_Redacted.pdf:sexual harm prevention order and placed on the sex offenders’ register for 10 years. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-In addition, this was a case involving an offence of “activity involving viewing, taking, ./Baker__Simon_S_of_S_Decision_Redacted.pdf-making, possessing, distributing or publishing any indecent photograph or image or ./Baker__Simon_S_of_S_Decision_Redacted.pdf-pseudo photograph or image of a child, or permitting any such activity, including one-off ./Baker__Simon_S_of_S_Decision_Redacted.pdf-incidents” which the Advice states is likely to be considered a relevant offence. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The panel was not presented with any evidence of mitigating circumstances other than ./Baker__Simon_S_of_S_Decision_Redacted.pdf-the fact that Mr Baker had pleaded guilty to the criminal charges and the comments ./Baker__Simon_S_of_S_Decision_Redacted.pdf-made by the sentencing judge that Mr Baker had no previous convictions and was sorry ./Baker__Simon_S_of_S_Decision_Redacted.pdf-for what he had done. There was no evidence put before the panel of Mr Baker’s record -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-relevant in this case: ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- serious departure from the personal and professional conduct elements of the ./Baker__Simon_S_of_S_Decision_Redacted.pdf- Teachers’ Standards; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- the commission of a serious criminal offence; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- misconduct seriously affecting the education and/or safeguarding and well-being of ./Baker__Simon_S_of_S_Decision_Redacted.pdf- pupils, and particularly where there is a continuing risk; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf: sexual misconduct; ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- any activity involving viewing, taking, making, possessing, distributing, or publishing ./Baker__Simon_S_of_S_Decision_Redacted.pdf- any indecent photograph or image, or indecent pseudo photograph or image, of a ./Baker__Simon_S_of_S_Decision_Redacted.pdf- child, or permitting such activity, including one-off incidents; and ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf- a deep-seated attitude that leads to harmful behaviour. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Even though the behaviour found proved in this case indicated that a prohibition order ./Baker__Simon_S_of_S_Decision_Redacted.pdf-would be appropriate, the panel went on to consider the mitigating factors. Mitigating ./Baker__Simon_S_of_S_Decision_Redacted.pdf-factors may indicate that a prohibition order would not be appropriate or proportionate. -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-effect. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Baker__Simon_S_of_S_Decision_Redacted.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Baker__Simon_S_of_S_Decision_Redacted.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Baker__Simon_S_of_S_Decision_Redacted.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Baker__Simon_S_of_S_Decision_Redacted.pdf-years. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Baker__Simon_S_of_S_Decision_Redacted.pdf:recommendation of a review period. These behaviours include serious sexual ./Baker__Simon_S_of_S_Decision_Redacted.pdf-misconduct relating to children, and any activity involving viewing, taking, making, ./Baker__Simon_S_of_S_Decision_Redacted.pdf-possessing, distributing or publishing any indecent photograph or image or pseudo ./Baker__Simon_S_of_S_Decision_Redacted.pdf-photograph or image of a child. The panel found that Mr Baker was responsible for ./Baker__Simon_S_of_S_Decision_Redacted.pdf-repeated behaviour of this nature over a significant period of time, resulting in the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-possession of approximately 9000 indecent images relating to vulnerable young children. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Although the panel took note of the sentencing judge’s remarks relating to the teacher’s ./Baker__Simon_S_of_S_Decision_Redacted.pdf-remorse, and his cooperative attitude towards the TRA proceedings, the panel regarded ./Baker__Simon_S_of_S_Decision_Redacted.pdf-the aggravating factors to be particularly significant in this case. The panel had not been ./Baker__Simon_S_of_S_Decision_Redacted.pdf-presented with any evidence as to the teacher seeking to address his behaviours other -- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-in the profession. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Baker__Simon_S_of_S_Decision_Redacted.pdf-recommended that no provision should be made for a review period. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I have considered the panel’s comments, “The Advice indicates that there are behaviours ./Baker__Simon_S_of_S_Decision_Redacted.pdf-that, if proved, would militate against the recommendation of a review period. These ./Baker__Simon_S_of_S_Decision_Redacted.pdf:behaviours include serious sexual misconduct relating to children, and any activity ./Baker__Simon_S_of_S_Decision_Redacted.pdf-involving viewing, taking, making, possessing, distributing or publishing any indecent ./Baker__Simon_S_of_S_Decision_Redacted.pdf-photograph or image or pseudo photograph or image of a child. The panel found that Mr ./Baker__Simon_S_of_S_Decision_Redacted.pdf-Baker was responsible for repeated behaviour of this nature….” ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I have considered whether allowing for no review reflects the seriousness of the findings ./Baker__Simon_S_of_S_Decision_Redacted.pdf-and is proportionate period to achieve the aim of maintaining public confidence in the ./Baker__Simon_S_of_S_Decision_Redacted.pdf-profession. In this case, the factors which mean that allowing for no review is necessary ./Baker__Simon_S_of_S_Decision_Redacted.pdf-are the serious nature of the conviction and the lack of full insight or remorse. ./Baker__Simon_S_of_S_Decision_Redacted.pdf- ./Baker__Simon_S_of_S_Decision_Redacted.pdf-I consider therefore that allowing for no review period is necessary to maintain public ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-B. Allegations ./barber_C_15663_-_Web_decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 13 February ./barber_C_15663_-_Web_decision.pdf-2018. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-It was alleged that Ms Barber was guilty of unacceptable professional conduct and/or ./barber_C_15663_-_Web_decision.pdf-conduct that may bring the profession into disrepute in that, whilst employed at a school ./barber_C_15663_-_Web_decision.pdf-in the Midlands between September 2010 and 15 July 2016: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:1. She exchanged sexually explicit messages with Individual Z on one or more ./barber_C_15663_-_Web_decision.pdf- occasions ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- 3 ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf- a. whilst she was teaching and/or had pupil(s) in her care; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf: b. including messages which referred to sexual fantasies in relation to: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- i. Child A; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ii. animals. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:2. She sent photographs and/or video footage of Child A to Individual Z for his sexual ./barber_C_15663_-_Web_decision.pdf- gratification. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:3. Her conduct as may be found proved at 1 and/or 2 above was conduct of a sexual ./barber_C_15663_-_Web_decision.pdf: nature and/or was conduct which facilitated the sexual motivation of another. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of all of the allegations and that her conduct amounted to ./barber_C_15663_-_Web_decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./barber_C_15663_-_Web_decision.pdf-disrepute. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Preliminary applications ./barber_C_15663_-_Web_decision.pdf-There were no preliminary applications. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-this case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber had been employed at a school between 1 September 2010 and 15 July 2016, ./barber_C_15663_-_Web_decision.pdf-when she was dismissed as a result of the matters set out in the allegations. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-These allegations came to light as a result of a police investigation, in the course of ./barber_C_15663_-_Web_decision.pdf-which Ms Barber was interviewed. Ms Barber was neither prosecuted for, nor convicted ./barber_C_15663_-_Web_decision.pdf-of, any criminal offences. However the matters being investigated by the police resulted ./barber_C_15663_-_Web_decision.pdf-in Ms Barber being referred to the National College. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:In or around 2011, Ms Barber had commenced a sexual relationship with Individual Z, ./barber_C_15663_-_Web_decision.pdf-who had no connection with her teaching role or employer (page 146 of the Bundle). As ./barber_C_15663_-_Web_decision.pdf-this relationship developed, but more particularly in the months before her interview by ./barber_C_15663_-_Web_decision.pdf:the police in March 2016, Ms Barber exchanged sexually explicit messages with ./barber_C_15663_-_Web_decision.pdf-Individual Z and did so whilst working at the school. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-However, the messages themselves did not directly relate to teaching or indeed to pupils ./barber_C_15663_-_Web_decision.pdf:at the school. Ms Barber admits that her actions were of a sexual nature and facilitated ./barber_C_15663_-_Web_decision.pdf:the sexual motivation of individual Z. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:Ms Barber also sent images of Child A to Individual Z for his sexual gratification, and, ./barber_C_15663_-_Web_decision.pdf-whilst the images themselves were not indecent in nature, Ms Barber accepts that by her ./barber_C_15663_-_Web_decision.pdf:actions she was facilitating the sexual motivations of another in relation to a child. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Findings of fact ./barber_C_15663_-_Web_decision.pdf-Our findings of fact are as follows. The allegations have been admitted and the ./barber_C_15663_-_Web_decision.pdf-admission is consistent with the evidence in the case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./barber_C_15663_-_Web_decision.pdf-these reasons: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-Whilst employed as a class teacher at a school in the Midlands between September ./barber_C_15663_-_Web_decision.pdf-2010 and 15 July 2016 : ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:1. you exchanged sexually explicit messages with Individual Z on one or more ./barber_C_15663_-_Web_decision.pdf- occasions; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- a. whilst you were teaching and/or had pupil(s) in your care; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf: b. including messages which referred to sexual fantasies in relation to: ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- i. Child A; ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ii. animals. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of this allegation. The evidence considered by the panel ./barber_C_15663_-_Web_decision.pdf-was consistent with the admission. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber accepted that the messages exchanged with Individual Z, which included ./barber_C_15663_-_Web_decision.pdf:messages sent by her, were sexually explicit, and that some of them had been sent ./barber_C_15663_-_Web_decision.pdf-whilst she had teaching responsibilities and had pupils in her care. In particular, there are ./barber_C_15663_-_Web_decision.pdf-examples of dozens of messages both sent and received by Ms Barber, some of which ./barber_C_15663_-_Web_decision.pdf-were sent during teaching hours. Indeed, in some of the messages Ms Barber refers to ./barber_C_15663_-_Web_decision.pdf-being surrounded by children (page 251). Accordingly, in light of the admissions made ./barber_C_15663_-_Web_decision.pdf-and the evidence, the panel found the facts of allegation 1(a) proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:Ms Barber accepted that the messages exchanged with Individual Z referred to sexual ./barber_C_15663_-_Web_decision.pdf-fantasies in relation to Child A and animals. Accordingly, in light of the admission made ./barber_C_15663_-_Web_decision.pdf-and the evidence, the panel found the facts of allegation 1(b)(i) and 1(b)(ii) proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-2. You sent photographs and/or video footage of Child A to Individual Z for his ./barber_C_15663_-_Web_decision.pdf: sexual gratification. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of this allegation. The evidence considered by the panel ./barber_C_15663_-_Web_decision.pdf-was consistent with the admission. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber accepted that the photographs and video footage of Child A were sent to ./barber_C_15663_-_Web_decision.pdf:Individual Z for his sexual gratification. Indeed, a number of the contemporaneous and ./barber_C_15663_-_Web_decision.pdf-associated messages exchanged between Individual Z and Ms Barber confirm that ./barber_C_15663_-_Web_decision.pdf:Individual Z was using the images for his own sexual gratification. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Accordingly, in light of the admission made and the evidence, the panel found the facts of ./barber_C_15663_-_Web_decision.pdf-allegation 2 proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-3. Your conduct as may be found proved at 1 and/or 2 above was conduct of a ./barber_C_15663_-_Web_decision.pdf: sexual nature and/or was conduct which facilitated the sexual motivation of ./barber_C_15663_-_Web_decision.pdf- another. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- 6 ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-Ms Barber admitted the facts of this allegation. The evidence considered by the panel, in ./barber_C_15663_-_Web_decision.pdf-particular the transcripts of the text messages and the police interviews, were consistent ./barber_C_15663_-_Web_decision.pdf-with the admission. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber accepted that the conduct admitted at allegations 1 and 2 was conduct of a ./barber_C_15663_-_Web_decision.pdf:sexual nature and was conduct which facilitated the sexual motivation of another, namely ./barber_C_15663_-_Web_decision.pdf-Individual Z, in relation to both a child and animals. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf:Ms Barber admitted allegation 3, but only on the basis that her own conduct was sexually ./barber_C_15663_-_Web_decision.pdf-motivated in relation to Individual Z alone. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel considered this issue carefully and accepted that Ms Barber's conduct was ./barber_C_15663_-_Web_decision.pdf:motivated by a desire to gratify Individual Z and that she did so by facilitating his sexual ./barber_C_15663_-_Web_decision.pdf-motivation towards a child as well as to animals. These actions were committed by virtue ./barber_C_15663_-_Web_decision.pdf:of the particulars set out in allegations 1 and 2, namely through sexually explicit ./barber_C_15663_-_Web_decision.pdf-messages sent whilst Ms Barber was teaching and/or had pupils in her care, and at other ./barber_C_15663_-_Web_decision.pdf:times, and in the course of which references were made to explicit sexual fantasies ./barber_C_15663_-_Web_decision.pdf-relating to a child and animals. Accordingly, in light of the admission made and the ./barber_C_15663_-_Web_decision.pdf-evidence, the panel found the facts of allegation 3 proved. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel considers the admitted conduct to be of the utmost gravity. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./barber_C_15663_-_Web_decision.pdf-may bring the profession into disrepute ./barber_C_15663_-_Web_decision.pdf-Having found all allegations proven, the panel has gone on to consider whether the facts ./barber_C_15663_-_Web_decision.pdf-of those allegations amount to unacceptable professional conduct and/or conduct that ./barber_C_15663_-_Web_decision.pdf-may bring the profession into disrepute. -- ./barber_C_15663_-_Web_decision.pdf-The panel is satisfied that the conduct of Ms Barber amounts to misconduct of a serious ./barber_C_15663_-_Web_decision.pdf-nature which fell significantly short of the standards expected of the profession. Ms ./barber_C_15663_-_Web_decision.pdf-Barber's conduct represents a wholesale departure from the principles and guidance ./barber_C_15663_-_Web_decision.pdf-which relate to safeguarding. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has also considered whether Ms Barber's conduct displayed behaviours ./barber_C_15663_-_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber was neither prosecuted nor convicted of any criminal offence. However, the ./barber_C_15663_-_Web_decision.pdf-panel was of the view that Ms Barber has, by virtue of her admitted conduct, displayed ./barber_C_15663_-_Web_decision.pdf:behaviour which is associated with sexual offences. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./barber_C_15663_-_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./barber_C_15663_-_Web_decision.pdf-professional conduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel notes that a number of the actions to which the allegations relate took place ./barber_C_15663_-_Web_decision.pdf-outside an educational setting. However, some of the actions took place within an ./barber_C_15663_-_Web_decision.pdf-educational setting. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel was of the view that the conduct displayed, both inside and outside school, ./barber_C_15663_-_Web_decision.pdf-affects the way Ms Barber would be expected to fulfil her teaching role and may lead to ./barber_C_15663_-_Web_decision.pdf-pupils being exposed to or influenced by her behaviour in a harmful way. However, in ./barber_C_15663_-_Web_decision.pdf:particular, by exchanging sexually explicit messages in proximity to pupils there was a ./barber_C_15663_-_Web_decision.pdf-significant risk that pupils could have been exposed to harmful material. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Accordingly, the panel is satisfied that Ms Barber is guilty of unacceptable professional ./barber_C_15663_-_Web_decision.pdf-conduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./barber_C_15663_-_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./barber_C_15663_-_Web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./barber_C_15663_-_Web_decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./barber_C_15663_-_Web_decision.pdf-way they behave. -- ./barber_C_15663_-_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./barber_C_15663_-_Web_decision.pdf-are likely to have punitive effect. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./barber_C_15663_-_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./barber_C_15663_-_Web_decision.pdf-namely: the protection of pupils; the protection of other members of the public; the ./barber_C_15663_-_Web_decision.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./barber_C_15663_-_Web_decision.pdf-standards of conduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-In light of the panel’s findings against Ms Barber, which involved very serious actions of a ./barber_C_15663_-_Web_decision.pdf:sexual nature which put pupils at risk of exposure to harmful and sexually explicit ./barber_C_15663_-_Web_decision.pdf-content, there is a strong public interest consideration in respect of the protection of ./barber_C_15663_-_Web_decision.pdf-pupils. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession would be seriously ./barber_C_15663_-_Web_decision.pdf-weakened if conduct such as that found against Ms Barber were not treated with the ./barber_C_15663_-_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./barber_C_15663_-_Web_decision.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./barber_C_15663_-_Web_decision.pdf-Barber was outside that which could reasonably be tolerated. -- ./barber_C_15663_-_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./barber_C_15663_-_Web_decision.pdf- Teachers’ Standards; ./barber_C_15663_-_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./barber_C_15663_-_Web_decision.pdf- particularly where there is a continuing risk; ./barber_C_15663_-_Web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./barber_C_15663_-_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./barber_C_15663_-_Web_decision.pdf: sexual nature. ./barber_C_15663_-_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./barber_C_15663_-_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./barber_C_15663_-_Web_decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./barber_C_15663_-_Web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./barber_C_15663_-_Web_decision.pdf-behaviour in this case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-There was no evidence that the teacher’s actions were not deliberate. There was no ./barber_C_15663_-_Web_decision.pdf-evidence to suggest that the teacher was acting under duress. Whilst the panel accepts ./barber_C_15663_-_Web_decision.pdf:that Ms Barber was sexually motivated, and was motivated by a desire to impress ./barber_C_15663_-_Web_decision.pdf-Individual Z and thus was influenced by him, this was not to the extent that could be ./barber_C_15663_-_Web_decision.pdf-described as duress. For example, Ms Barber displayed a sustained pattern of the ./barber_C_15663_-_Web_decision.pdf-admitted behaviours over a long period of many months. Indeed, there is no evidence in ./barber_C_15663_-_Web_decision.pdf-the text messages of any coercion by Individual Z, and the evidence suggests that on a ./barber_C_15663_-_Web_decision.pdf-number of occasions Ms Barber took the initiative in the exchanges. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Through her solicitor, Ms Barber has submitted that she has no mitigation she wishes to ./barber_C_15663_-_Web_decision.pdf-put forward. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./barber_C_15663_-_Web_decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./barber_C_15663_-_Web_decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./barber_C_15663_-_Web_decision.pdf-years. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./barber_C_15663_-_Web_decision.pdf-review period being recommended. One of these is the behaviour associated with ./barber_C_15663_-_Web_decision.pdf:serious sexual misconduct. In particular the panel has found that Ms Barber has been ./barber_C_15663_-_Web_decision.pdf:responsible for a sustained pattern of sexually motivated activities of an unacceptable ./barber_C_15663_-_Web_decision.pdf-nature. The conduct was of the utmost seriousness and, whilst there was no evidence ./barber_C_15663_-_Web_decision.pdf-that any children were harmed, there was clearly a risk of such harm. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-Ms Barber has expressed remorse for her actions, but the panel has seen no evidence of ./barber_C_15663_-_Web_decision.pdf-insight. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./barber_C_15663_-_Web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./barber_C_15663_-_Web_decision.pdf-for the prohibition order to be recommended without provision for a review period. ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./barber_C_15663_-_Web_decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./barber_C_15663_-_Web_decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./barber_C_15663_-_Web_decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./barber_C_15663_-_Web_decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./barber_C_15663_-_Web_decision.pdf-considered therefore whether or not prohibiting Ms Barber, and the impact that will have ./barber_C_15663_-_Web_decision.pdf-on her, is proportionate. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./barber_C_15663_-_Web_decision.pdf-children. The panel has observed, “findings against Ms Barber, which involved very ./barber_C_15663_-_Web_decision.pdf:serious actions of a sexual nature which put pupils at risk of exposure to harmful and ./barber_C_15663_-_Web_decision.pdf:sexually explicit content, there is a strong public interest consideration in respect of the ./barber_C_15663_-_Web_decision.pdf-protection of pupils.” A prohibition order would therefore prevent such a risk from being ./barber_C_15663_-_Web_decision.pdf-present. I have also taken into account the panel’s comments on insight and remorse ./barber_C_15663_-_Web_decision.pdf-which the panel sets out as follows, “Ms Barber has expressed remorse for her actions, ./barber_C_15663_-_Web_decision.pdf-but the panel has seen no evidence of insight.” In my judgement the lack of insight ./barber_C_15663_-_Web_decision.pdf-means that there is some risk of the repetition of this behaviour and this risks future ./barber_C_15663_-_Web_decision.pdf:pupils’ exposure of harmful and sexually explicit content. I have therefore given this ./barber_C_15663_-_Web_decision.pdf-element considerable weight in reaching my decision. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./barber_C_15663_-_Web_decision.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./barber_C_15663_-_Web_decision.pdf-would be seriously weakened if conduct such as that found against Ms Barber were not ./barber_C_15663_-_Web_decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./barber_C_15663_-_Web_decision.pdf-particularly mindful of the finding of “You sent photographs and/or video footage of Child ./barber_C_15663_-_Web_decision.pdf:A to Individual Z for his sexual gratification” in this case and the impact that such a ./barber_C_15663_-_Web_decision.pdf-finding has on the reputation of the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./barber_C_15663_-_Web_decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./barber_C_15663_-_Web_decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./barber_C_15663_-_Web_decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./barber_C_15663_-_Web_decision.pdf-citizen.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./barber_C_15663_-_Web_decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./barber_C_15663_-_Web_decision.pdf-case. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have also considered the impact of a prohibition order on Ms Barber herself. The panel ./barber_C_15663_-_Web_decision.pdf-note, “that Ms Barber had no previous relevant disciplinary findings and should be ./barber_C_15663_-_Web_decision.pdf-regarded as of previously good character.” The panel go on to say, “Through her solicitor, ./barber_C_15663_-_Web_decision.pdf-Ms Barber has submitted that she has no mitigation she wishes to put forward.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I note the panel’s comments that, “the conduct displayed, both inside and outside school, ./barber_C_15663_-_Web_decision.pdf-affects the way Ms Barber would be expected to fulfil her teaching role and may lead to ./barber_C_15663_-_Web_decision.pdf-pupils being exposed to or influenced by her behaviour in a harmful way. However, in ./barber_C_15663_-_Web_decision.pdf:particular, by exchanging sexually explicit messages in proximity to pupils there was a ./barber_C_15663_-_Web_decision.pdf-significant risk that pupils could have been exposed to harmful material.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-A prohibition order would prevent Ms Barber from continuing in the teaching profession. ./barber_C_15663_-_Web_decision.pdf-A prohibition order would also clearly deprive the public of her contribution to the ./barber_C_15663_-_Web_decision.pdf-profession for the period that it is in force. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./barber_C_15663_-_Web_decision.pdf-Ms Barber has made to the profession. In my view it is necessary to impose a prohibition ./barber_C_15663_-_Web_decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./barber_C_15663_-_Web_decision.pdf-not backed up by full insight does not in my view satisfy the public interest requirement ./barber_C_15663_-_Web_decision.pdf-concerning public confidence in the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./barber_C_15663_-_Web_decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./barber_C_15663_-_Web_decision.pdf-achieve. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./barber_C_15663_-_Web_decision.pdf-recommended no review period. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I have considered the panel’s comments “In particular the panel has found that Ms ./barber_C_15663_-_Web_decision.pdf:Barber has been responsible for a sustained pattern of sexually motivated activities of an ./barber_C_15663_-_Web_decision.pdf-unacceptable nature. The conduct was of the utmost seriousness and, whilst there was ./barber_C_15663_-_Web_decision.pdf-no evidence that any children were harmed, there was clearly a risk of such harm.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-The panel has also said that it felt, “the findings indicated a situation in which a review ./barber_C_15663_-_Web_decision.pdf-period would not be appropriate and as such decided that it would be proportionate in all ./barber_C_15663_-_Web_decision.pdf-the circumstances for the prohibition order to be recommended without provision for a ./barber_C_15663_-_Web_decision.pdf-review period.” ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I also note the Advice indicates that there are behaviours that, if proven, would militate ./barber_C_15663_-_Web_decision.pdf-against a review period being recommended. One of these is the behaviour associated ./barber_C_15663_-_Web_decision.pdf:with serious sexual misconduct. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf- 13 ./barber_C_15663_-_Web_decision.pdf- -- ./barber_C_15663_-_Web_decision.pdf-I have considered whether a 2 year review period, or a review period of longer than two ./barber_C_15663_-_Web_decision.pdf-years, reflects the seriousness of the findings and is a proportionate period to achieve the ./barber_C_15663_-_Web_decision.pdf-aim of maintaining public confidence in the profession. In this case, there are three ./barber_C_15663_-_Web_decision.pdf-factors that in my view mean that a two year review period is not sufficient to achieve the ./barber_C_15663_-_Web_decision.pdf-aim of maintaining public confidence in the profession. These elements are, the serious ./barber_C_15663_-_Web_decision.pdf:nature of the misconduct found, the sustained pattern of sexually motivated activities, ./barber_C_15663_-_Web_decision.pdf-and the lack of insight. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./barber_C_15663_-_Web_decision.pdf-confidence in the profession. ./barber_C_15663_-_Web_decision.pdf- ./barber_C_15663_-_Web_decision.pdf-This means that Ms Cheryl Barber is prohibited from teaching indefinitely and ./barber_C_15663_-_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./barber_C_15663_-_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./barber_C_15663_-_Web_decision.pdf-found proved against her, I have decided that Ms Barber shall not be entitled to apply for ./barber_C_15663_-_Web_decision.pdf-restoration of her eligibility to teach. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 1. During 2010 and 2011, he made inappropriate comments to Student A via ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Facebook; ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 2. Between approximately 2008 and 2011, he made inappropriate physical contact ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- with Student A by touching his bottom; ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 3. Had in his possession indecent images of children on a USB memory stick on 12 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- December 2011; ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: 4. His actions at particulars 1 and 2 above were sexually motivated ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Mr Barge was not in attendance at the hearing, however in his response to the Notice of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Proceedings he indicated that the allegations were not admitted. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-C. Preliminary applications ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Proceeding in the Absence of Mr Barge ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-The Panel considered an application from the Presenting Officer to proceed in the -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Summary of Evidence ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Mr Barge was employed by the Priory School from September 2002. He was promoted to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-lead teacher for Modern Foreign Languages in September 2006, and Head of Faculty in ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-2010. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-It was alleged that during 2010 and 2011, Mr Barge made inappropriate comments to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Student A via Facebook. It was further alleged that between approximately 2008 and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-2011, he made inappropriate physical contact with student A by touching his bottom. It ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf:was alleged that both these activities were sexually motivated. It was also alleged that Mr ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Barge had in his possession indecent images of children on a USB memory stick on 12 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-December 2011. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Mr Barge was suspended on 2 December 2011 and resigned in November 2012 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Findings of Fact ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Our findings of fact are as follows. We take the allegations in the order that they are ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-stated on the Notice of Proceedings. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-At the outset the Panel notes that neither Mr Barge nor any representative for him -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-Proceedings. The Panel’s scope for determining Mr Barge’s position was therefore ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-limited. Nevertheless, conscious of its duties, the Panel has sought wherever possible to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf-take into account Mr Barge’s perspective in relation to the alleged facts. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 1. During 2010 and 2011, you made inappropriate ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- comments to student A via Facebook ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- The central evidence for this allegation comprised Facebook pages found at ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- pages 39 to 43 of the bundle, which record exchanges between Mr Barge and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Student A. Mr Barge’s comments in July and August 2010 include, amongst ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- others, references to ‘poke away darling xx’, ‘thanks honey’, ‘night night xx’, ‘I’ll still ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: change your attitude, sexy boy’, and ‘I know your not that bad, sexy, you’re a good ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- boy really’. It is clear from the Facebook content that Mr Barge instigated the ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Facebook conversations on at least one occasion. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 7 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- In his email account of 3 December 2011 at page 147 of the bundle Witness B ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- records Mr Barge as stating that he had ‘probably slapped [Student A] on the ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- behind but he has never touched him in an inappropriate sense!’ Witness B ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- suggested to the Panel that this account was to be preferred as it was closer to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- the events. He stated that the exclamation mark in the email reflected Witness B’s ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- surprise that Mr Barge should have tried to claim that contact with anyone’s ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- posterior could be appropriate. The Panel agrees with this view and finds it ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- surprising that Mr Barge should have attempted to justify touching a pupil’s bottom ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- on the basis that it was not inappropriate. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: The Panel understands that Mr Barge was found not guilty of the sexual offences ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- for which he was tried by the Crown Court. The Panel notes Mr Barge’s comments ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- in his letter of 18 July 2013 that ‘I find your comment that I am guilty of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- [inappropriate contact with Student A] absolutely outrageous, given the outcome of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- my trial’. The Panel was advised that the not guilty finding was not determinative of ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- the Panel’s own findings of fact. The Court in the criminal proceedings was ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- considering specific criminal charges and in reaching its verdict applied a different ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- standard of proof to that applicable to the present proceedings. The Panel was ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- advised that it is recognised law that the double jeopardy rule does not apply to ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- tribunals such as this. The character and purpose of the proceedings, and the ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- consequences of the outcome, are quite different. -- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Having taken account of this legal advice and considered the evidence before it, ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- the Panel is satisfied on the balance of probabilities both (i) that the memory card ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- identified as SEL/8 was in the possession of Mr Barge on 12 December 2011 and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- (ii) that the images were of children. The Panel is also satisfied that the images ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- must properly be considered indecent, given the descriptions provided and taking ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- account of the levels of seriousness as described at page 160 of the bundle. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- The Panel therefore finds this particular proved. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf:4. Your actions at particulars 1 and 2 above were sexually motivated ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- In the transcript of his Police interview, at page 133 of the bundle, Mr Barge is ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: recorded as stating that references to ‘sexy boy’ were “just the way I do it... I’m ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- described as lively I guess”. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- The Panel considers Mr Barge’s behaviour to have been inappropriate and ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- unacceptable. It is clear and understandable that it had a significant impact on ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- Student A, who was uncomfortable about the experience. However, the Panel ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- considers it a possibility that Mr Barge’s actions reflected a misguided judgment as ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- to the appropriate way in which a teacher should communicate with pupils. The ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- National College has put forward no clear evidence to demonstrate that Mr ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf: Barge’s behaviour was actually sexually motivated. This allegation is therefore ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- found not proven. ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- 12 ./Barge__Arnaud_-_Web_Decision_-_9_September_2014_-_0001633.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- c. not notifying the school that he was contacting Pupil A in the manner ./BarkerA_15132_SoSdecision-_2_.pdf- described at allegation 1. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- 3. His conduct as evidenced at allegation 1 generally, and specifically in respect to ./BarkerA_15132_SoSdecision-_2_.pdf- allegation 1.d and 1.h was: ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf: a. sexually motivated; ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- b. dishonest in that he asked Pupil A to lie to her parents about where she ./BarkerA_15132_SoSdecision-_2_.pdf- was staying. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker admits to allegations 1.a, 1.b, 1.c, 1.d, 1.e,1.f, 1.g, 1.h, 2.a, 2.b, 2.c and 3.b. ./BarkerA_15132_SoSdecision-_2_.pdf-He also admits that the facts of these allegations amount to unacceptable professional ./BarkerA_15132_SoSdecision-_2_.pdf-conduct and conduct that may bring the profession into disrepute. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker denies allegation 3.a. ./BarkerA_15132_SoSdecision-_2_.pdf- -- ./BarkerA_15132_SoSdecision-_2_.pdf-The panel therefore considers that both limbs of the test above are met. This allegation is ./BarkerA_15132_SoSdecision-_2_.pdf-therefore found proven. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-The panel has found the following particulars of the allegations against you not proven, ./BarkerA_15132_SoSdecision-_2_.pdf-for these reasons: ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- 3. Your conduct as evidenced at allegation 1 generally, and specifically in ./BarkerA_15132_SoSdecision-_2_.pdf- respect to allegation 1.d and 1.h was: ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf: a. sexually motivated; ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker denies this allegation. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf:The panel has considered the two stage legal test for determining sexual motivation. ./BarkerA_15132_SoSdecision-_2_.pdf-Namely, 1) whether on the balance of probabilities reasonable people would think that ./BarkerA_15132_SoSdecision-_2_.pdf:the words and actions found proven could be sexual and then 2) whether in the ./BarkerA_15132_SoSdecision-_2_.pdf-circumstances of the case, it is more likely than not that Mr Barker’s purpose of those ./BarkerA_15132_SoSdecision-_2_.pdf:words and actions was sexual. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-The panel considers that the first stage of this test is met. This is because the content of ./BarkerA_15132_SoSdecision-_2_.pdf-the numerous messages that Mr Barker sent to Pupil A strongly convey that he had ./BarkerA_15132_SoSdecision-_2_.pdf-developed romantic feelings for her. He repeatedly told her that he loved her and needed ./BarkerA_15132_SoSdecision-_2_.pdf-her, and made comments that depict an intense affection towards her. Some messages ./BarkerA_15132_SoSdecision-_2_.pdf-were sent at night and early in the morning. He also attempted to telephone her several ./BarkerA_15132_SoSdecision-_2_.pdf-times, suggested that they meet outside of School so that they could spend time alone ./BarkerA_15132_SoSdecision-_2_.pdf-whilst his wife was away (at both his home and a hotel), and hugged her. Furthermore, ./BarkerA_15132_SoSdecision-_2_.pdf-Witness B states that she saw Mr Barker and Pupil A spend time with each other alone ./BarkerA_15132_SoSdecision-_2_.pdf-on several occasions in his classroom after lessons when no one else was present, ./BarkerA_15132_SoSdecision-_2_.pdf-sometimes with the door closed (contrary to the school’s policy). Witness B also said that ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker appeared to be responding to Pupil A’s flirtatious behaviour towards him. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf-However, in relation to the second limb of the test, the panel does not consider that this is ./BarkerA_15132_SoSdecision-_2_.pdf:met. This is because although the messages could be construed as having a sexual ./BarkerA_15132_SoSdecision-_2_.pdf:motivation, none of them were overtly sexual or directly suggestive. The panel accepts ./BarkerA_15132_SoSdecision-_2_.pdf-Mr Barker’s evidence that his behaviour was a misguided attempt to help Pupil A, and ./BarkerA_15132_SoSdecision-_2_.pdf-that his concern for her welfare was his overriding motivation. There is also no evidence ./BarkerA_15132_SoSdecision-_2_.pdf:of sexual activity or that Mr Barker sought to initiate this with Pupil A. The panel considers ./BarkerA_15132_SoSdecision-_2_.pdf:that it has been invited to infer sexual motivation by the NCTL. The panel has considered ./BarkerA_15132_SoSdecision-_2_.pdf-this very carefully and is of the view that the NCTL has not discharged its burden of proof ./BarkerA_15132_SoSdecision-_2_.pdf-in relation to this allegation. ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- ./BarkerA_15132_SoSdecision-_2_.pdf- 12 ./BarkerA_15132_SoSdecision-_2_.pdf- ./Barnett__Kris_-_Web_Decision.pdf- c. Making further inappropriate comments including those set out at (C)(i) – ./Barnett__Kris_-_Web_Decision.pdf- (C)(vi) of the attached Schedule, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 2. Failed to appropriately report safeguarding information concerning Pupil A and ./Barnett__Kris_-_Web_Decision.pdf- self-harm, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 3. Asked Pupil A to delete his conversations with her, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 4. Provided one or more pupils with his personal email contact details, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf: 5. His actions as may be found proven at allegation 1.a. and/or 1.b. were sexually ./Barnett__Kris_-_Web_Decision.pdf- motivated, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 6. His actions as may be found proven at allegation 3 were dishonest. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The allegations have been taken to have not been admitted. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-C. Preliminary applications ./Barnett__Kris_-_Web_Decision.pdf-The panel considered an application from the presenting officer that the hearing should ./Barnett__Kris_-_Web_Decision.pdf-proceed in the absence of the teacher. -- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-E. Decision and reasons ./Barnett__Kris_-_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel carefully considered the case before it and has reached a decision. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Mr Barnett was employed by the School as a casual cover supervisor in February 2015. ./Barnett__Kris_-_Web_Decision.pdf-In April 2015 he accepted the position of an unqualified teacher of ICT. It is alleged that ./Barnett__Kris_-_Web_Decision.pdf-between April 2015 and March 2016, Mr Barnett corresponded with pupils using a ./Barnett__Kris_-_Web_Decision.pdf-personal email address, and that in relation to Pupil A, this correspondence was ./Barnett__Kris_-_Web_Decision.pdf:inappropriate, sexually motivated and that he tried to conceal the correspondence. ./Barnett__Kris_-_Web_Decision.pdf-Additionally, it is alleged that Mr Barnett failed in his safeguarding duties towards Pupil A. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Findings of fact ./Barnett__Kris_-_Web_Decision.pdf-Our findings of fact are as follows: ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Barnett__Kris_-_Web_Decision.pdf-these reasons: ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 1. You had inappropriate contact with Pupil A by email and/or text, including ./Barnett__Kris_-_Web_Decision.pdf- by: -- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Additionally the panel considered documentary evidence that Mr Barnett had emailed ./Barnett__Kris_-_Web_Decision.pdf-students from his work email address, providing them with the Gmail address so that they ./Barnett__Kris_-_Web_Decision.pdf-could contact him out of hours. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-On the basis of the above, the panel did not find it credible that anyone else had access ./Barnett__Kris_-_Web_Decision.pdf-to the Gmail account. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel then considered the content of the correspondence. The panel found that ./Barnett__Kris_-_Web_Decision.pdf-there were a number of instances where Mr Barnett sent highly inappropriate messages ./Barnett__Kris_-_Web_Decision.pdf:to Pupil A which included suggestive sexual language. The panel found that there were ./Barnett__Kris_-_Web_Decision.pdf-also instances where Mr Barnett referred to Pupil A as “sweetheart”, “hun” and “hussy”. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel considered all of the evidence, and on the balance of probabilities found the ./Barnett__Kris_-_Web_Decision.pdf-facts of allegation 1. proven. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 2. You failed to appropriately report safeguarding information concerning Pupil ./Barnett__Kris_-_Web_Decision.pdf- A and self-harm; ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel heard evidence from Pupil A that Mr Barnett became aware of [redacted] prior ./Barnett__Kris_-_Web_Decision.pdf-to Christmas in 2015. Pupil A confirmed that until she notified Mr Barnett of her -- ./Barnett__Kris_-_Web_Decision.pdf- 5. Your actions as may be found proven at allegation 1.a. and/or 1.b. were ./Barnett__Kris_-_Web_Decision.pdf: sexually motivated; ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Barnett__Kris_-_Web_Decision.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Barnett__Kris_-_Web_Decision.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Barnett__Kris_-_Web_Decision.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Barnett__Kris_-_Web_Decision.pdf:than not that the teacher’s purpose of such words and actions were sexual. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf:The panel considered whether, even in the absence of direct evidence, sexual motivation ./Barnett__Kris_-_Web_Decision.pdf-should be inferred from all the circumstances of the case. The panel had in mind the ./Barnett__Kris_-_Web_Decision.pdf-evidence of the teacher’s character and considered whether such evidence had any ./Barnett__Kris_-_Web_Decision.pdf-bearing on the teacher’s credibility or propensity to have carried out the alleged facts or ./Barnett__Kris_-_Web_Decision.pdf-to the circumstances in which the teacher found himself. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Applying the first part of the test, the panel considered that on the balance of ./Barnett__Kris_-_Web_Decision.pdf-probabilities, a number of comments made by Mr Barnett to Pupil A by email and text ./Barnett__Kris_-_Web_Decision.pdf:could be considered sexual. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel therefore went on to consider whether in all of the circumstances of the case, it ./Barnett__Kris_-_Web_Decision.pdf-was more likely than not that his purpose in corresponding with Pupil A in this way was ./Barnett__Kris_-_Web_Decision.pdf:sexual. In considering the circumstances of the case, the panel had regard to a number ./Barnett__Kris_-_Web_Decision.pdf-of factors. In particular, the panel considered the fact that the correspondence took place ./Barnett__Kris_-_Web_Decision.pdf-through a personal email address that Mr Barnett appeared to have constructed for the ./Barnett__Kris_-_Web_Decision.pdf-purpose of covertly communicating with pupils outside of the parameters set by the ./Barnett__Kris_-_Web_Decision.pdf-School. The panel also found it compelling that there was evidence in correspondence ./Barnett__Kris_-_Web_Decision.pdf-with Pupil A that Mr Barnett stated, “I assume our conversations remain between us and ./Barnett__Kris_-_Web_Decision.pdf-so does my email address.” ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf:The panel considered that there was evidence of conversations about penetrative sex, ./Barnett__Kris_-_Web_Decision.pdf-and there were a number of flirtatious comments made between Mr Barnett and Pupil A ./Barnett__Kris_-_Web_Decision.pdf-that were highly inappropriate. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel also considered the oral evidence of Pupil A that she felt that conversations ./Barnett__Kris_-_Web_Decision.pdf-were more closely aligned to those which might take place between a boyfriend and ./Barnett__Kris_-_Web_Decision.pdf-girlfriend rather than a pupil and teacher. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Pupil A confirmed that there had been no physical contact or attempts to arrange private ./Barnett__Kris_-_Web_Decision.pdf-meetings between herself and Mr Barnett. The panel, however, could not find a credible ./Barnett__Kris_-_Web_Decision.pdf-alternative explanation for Mr Barnett engaging in the conversations, other than that they ./Barnett__Kris_-_Web_Decision.pdf:were sexually motivated. On the balance of probabilities, the panel found allegation 5. ./Barnett__Kris_-_Web_Decision.pdf-proven. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- 10 ./Barnett__Kris_-_Web_Decision.pdf- -- ./Barnett__Kris_-_Web_Decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Barnett__Kris_-_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Barnett__Kris_-_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Barnett__Kris_-_Web_Decision.pdf-are likely to have a punitive effect. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Barnett__Kris_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Barnett__Kris_-_Web_Decision.pdf-namely the protection of pupils; the maintenance of public confidence in the profession; ./Barnett__Kris_-_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf:In light of the panel’s findings against Mr Barnett, which involved sexual motivation and ./Barnett__Kris_-_Web_Decision.pdf-dishonesty, there is a strong public interest consideration in respect of the protection of ./Barnett__Kris_-_Web_Decision.pdf-pupils given the serious findings of inappropriate relationships with children. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Barnett__Kris_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Barnett were not treated with the ./Barnett__Kris_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Barnett__Kris_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Barnett__Kris_-_Web_Decision.pdf-Barnett was outside that which could reasonably be tolerated. -- ./Barnett__Kris_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Barnett__Kris_-_Web_Decision.pdf- rights of pupils; ./Barnett__Kris_-_Web_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Barnett__Kris_-_Web_Decision.pdf- been repeated and/or covered up; ./Barnett__Kris_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Barnett__Kris_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Barnett__Kris_-_Web_Decision.pdf- from the individual’s professional position. ./Barnett__Kris_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Barnett__Kris_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Barnett__Kris_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Barnett__Kris_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Barnett__Kris_-_Web_Decision.pdf-behaviour in this case. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-There was no evidence to suggest that the teacher was acting under duress, and in fact ./Barnett__Kris_-_Web_Decision.pdf-the panel found the teacher’s actions to be calculated and motivated. ./Barnett__Kris_-_Web_Decision.pdf- -- ./Barnett__Kris_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Barnett__Kris_-_Web_Decision.pdf-review period being recommended. The panel did not find that any of these behaviours ./Barnett__Kris_-_Web_Decision.pdf-were present although it did find that Mr Barnett’s actions in corresponding with Pupil A ./Barnett__Kris_-_Web_Decision.pdf:using highly inappropriate, sexual language were very serious. The panel considered the ./Barnett__Kris_-_Web_Decision.pdf-fact that when Mr Barnett became aware of Pupil A’s safeguarding issue he used this to ./Barnett__Kris_-_Web_Decision.pdf-initiate the inappropriate contact with Pupil A rather than to report it to the designated ./Barnett__Kris_-_Web_Decision.pdf-safeguarding lead. The panel was particularly concerned about Mr Barnett’s cavalier ./Barnett__Kris_-_Web_Decision.pdf-attitude towards the safeguarding procedures in which he was trained by the School. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel found that there was no evidence that Mr Barnett showed any insight into his ./Barnett__Kris_-_Web_Decision.pdf-actions and in fact, he continually denied that the allegations were true and deliberately ./Barnett__Kris_-_Web_Decision.pdf-concealed his actions. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be -- ./Barnett__Kris_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barnett__Kris_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The panel finds that the conduct of Mr Barnett fell significantly short of the standards ./Barnett__Kris_-_Web_Decision.pdf-expected of the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-The findings of misconduct are particularly serious as they include a finding of actions ./Barnett__Kris_-_Web_Decision.pdf:that were sexually motivated and dishonest. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Barnett__Kris_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Barnett__Kris_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Barnett__Kris_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Barnett__Kris_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Barnett__Kris_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Barnett__Kris_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Barnett__Kris_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Barnett__Kris_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Barnett__Kris_-_Web_Decision.pdf:particularly mindful that Mr Barnett’s actions were found to be sexually motivated and the ./Barnett__Kris_-_Web_Decision.pdf-impact that such a finding has on the reputation of the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Barnett__Kris_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Barnett__Kris_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Barnett__Kris_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Barnett__Kris_-_Web_Decision.pdf-citizen.” ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Barnett__Kris_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Barnett__Kris_-_Web_Decision.pdf-mean that allowing for no review period is necessary to achieve the aim of maintaining ./Barnett__Kris_-_Web_Decision.pdf-public confidence in the profession. These elements are the finding that Mr Barnett’s ./Barnett__Kris_-_Web_Decision.pdf:actions were sexually motivated, dishonest, placed safeguarding of a pupil at risk and the ./Barnett__Kris_-_Web_Decision.pdf-lack of either insight or remorse, ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-I consider therefore that a prohibition order that allows for no review period is required to ./Barnett__Kris_-_Web_Decision.pdf-satisfy the maintenance of public confidence in the profession. ./Barnett__Kris_-_Web_Decision.pdf- ./Barnett__Kris_-_Web_Decision.pdf-This means that Mr Kris Barnett is prohibited from teaching indefinitely and cannot ./Barnett__Kris_-_Web_Decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Barnett__Kris_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Barnett__Kris_-_Web_Decision.pdf-found proved against him, I have decided that Mr Barnett shall not be entitled to apply for ./Barnett__Kris_-_Web_Decision.pdf-restoration of his eligibility to teach. ./Barrett_-_Web_Decision.pdf-B. Allegations ./Barrett_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Referral dated 19 October ./Barrett_-_Web_Decision.pdf-2017. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-It was alleged that Mr Barrett was guilty of unacceptable professional conduct and/or ./Barrett_-_Web_Decision.pdf-conduct that may bring the profession into disrepute, in that: whilst employed as a ./Barrett_-_Web_Decision.pdf-Teacher at the Roman Fields School from September 2014 until July 2017: ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-1. Between 9th December and 15th December 2016, he engaged in conduct of a ./Barrett_-_Web_Decision.pdf-sexual nature, in that he accessed and/or viewed material of a sexual and/or ./Barrett_-_Web_Decision.pdf:pornographic nature; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-a. during school hours and whilst on school premises on more than one occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-b. when at least one pupil was working in the classroom whilst he was accessing ./Barrett_-_Web_Decision.pdf-and/or viewing such material on more than one occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:2. In undertaking allegation 1, he was sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett admitted the facts of the allegations and that those facts amounted to ./Barrett_-_Web_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Barrett_-_Web_Decision.pdf-disrepute. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-C. Preliminary applications ./Barrett_-_Web_Decision.pdf-There were no preliminary applications. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Documents -- ./Barrett_-_Web_Decision.pdf-of the hearing. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In advance of the meeting, the National College agreed to a request from Mr Barrett that ./Barrett_-_Web_Decision.pdf-the allegations be considered without a hearing. The panel has the ability to direct that ./Barrett_-_Web_Decision.pdf-the case be considered at a hearing if required in the interests of justice or in the public ./Barrett_-_Web_Decision.pdf-interest. The panel did not determine that such a direction is necessary or appropriate in ./Barrett_-_Web_Decision.pdf-this case. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett was employed as a teacher at the Roman Fields (‘the School’) from ./Barrett_-_Web_Decision.pdf-September 2014 until 12 July 2017. The allegations relate to Mr Barrett's viewing of ./Barrett_-_Web_Decision.pdf:explicit sexual footage on his computer, whilst within the school premises between 9 ./Barrett_-_Web_Decision.pdf-December 2016 and 15 December 2016 on a regular basis. On a number of occasions it ./Barrett_-_Web_Decision.pdf-is alleged that pupils were present in the classroom when such material was on Mr ./Barrett_-_Web_Decision.pdf-Barrett’s screen. In particular on 12 December 2016 after 11.12am a pupil went up to Mr ./Barrett_-_Web_Decision.pdf:Barrett’s desk whilst he was viewing two individuals having sexual intercourse. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel also viewed selections of CCTV footage from 9 December 2016 to 15 ./Barrett_-_Web_Decision.pdf-December 2016 taken from the CCTV camera positioned in the left hand corner of the ./Barrett_-_Web_Decision.pdf-class room where Mr Barrett was teaching. The CCTV footage provides a comprehensive ./Barrett_-_Web_Decision.pdf-view of the room layout including Mr Barrett's computer screen . ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel disregarded the findings of the School's disciplinary process and has made its ./Barrett_-_Web_Decision.pdf-own decision based on the evidence presented. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Barrett_-_Web_Decision.pdf-these reasons: ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-You are guilty of unacceptable professional conduct and/or conduct that may bring ./Barrett_-_Web_Decision.pdf-the profession into disrepute in that whilst employed as a teacher at the Roman ./Barrett_-_Web_Decision.pdf-Fields from September 2014 until July 2017; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-1. Between 9th December and 15th December 2016, you engaged in conduct of a ./Barrett_-_Web_Decision.pdf- sexual nature, in that you accessed and/or viewed material of a sexual ./Barrett_-_Web_Decision.pdf: and/or pornographic nature ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- a. during school hours and whilst on school premises on more than one ./Barrett_-_Web_Decision.pdf- occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- b. when at least one pupil was working in the classroom whilst you were ./Barrett_-_Web_Decision.pdf- accessing and/or viewing such material on more than one occasion; ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:Mr Barrett admits that he viewed the material of sexual and/or pornographic nature on 9, ./Barrett_-_Web_Decision.pdf-12, 13 and 14 December 2016. He acknowledges that on these specified dates he ./Barrett_-_Web_Decision.pdf-viewed the material on a regular basis. Mr Barrett acknowledges that on or around 12 ./Barrett_-_Web_Decision.pdf-December 2016 at around 11am a pupil came up to his desk when he was viewing two ./Barrett_-_Web_Decision.pdf-individuals having sexual intercourse. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett admits that on 12, 13 and 14 December 2016 he viewed material of sexual ./Barrett_-_Web_Decision.pdf:and/or pornographic nature when one or more pupils were in the classroom. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett admits that the material he viewed and/or accessed included videos of naked ./Barrett_-_Web_Decision.pdf:adults and adults participating in sexual activity. Mr Barrett acknowledges that he should ./Barrett_-_Web_Decision.pdf-not have been viewing this type of material within the School’s premises and when pupils ./Barrett_-_Web_Decision.pdf-were in the classroom. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Mr Barrett's admission is supported by the evidence in the case papers including the ./Barrett_-_Web_Decision.pdf-statement of Individual A. The panel has viewed a selection of CCTV footage and noted ./Barrett_-_Web_Decision.pdf-the CCTV log contained in the case papers. The CCTV log clearly shows Mr Barrett ./Barrett_-_Web_Decision.pdf:accessing and viewing videos of a sexual nature on school premises on more than one ./Barrett_-_Web_Decision.pdf-occasion between 9 December 2016 to 14 December 2016 and viewing videos of a ./Barrett_-_Web_Decision.pdf:sexual nature whilst pupils were present from 12 December 2016 to 14 December 2016. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:2. In undertaking allegation 1, you were sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:Mr Barrett admits that in undertaking allegation 1 he was sexually motivated. He accepts ./Barrett_-_Web_Decision.pdf-that, on an objective basis, based on his admitted conduct at allegation 1 above, an ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 6 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-ordinary and reasonable member of the teaching profession would view his conduct as ./Barrett_-_Web_Decision.pdf:sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:Mr Barrett also accepts that subjectively he was aware that his conduct was sexually ./Barrett_-_Web_Decision.pdf:motivated and that he sought some form of sexual gratification when viewing the material ./Barrett_-_Web_Decision.pdf-described at allegation 1 above. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel is aware that no alternative explanation for Mr Barrett's viewing of the material ./Barrett_-_Web_Decision.pdf-has been put forward and in the absence of such evidence the panel can see no ./Barrett_-_Web_Decision.pdf:alternative explanation other than sexual motivation. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Barrett_-_Web_Decision.pdf-may bring the profession into disrepute ./Barrett_-_Web_Decision.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Barrett_-_Web_Decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Barrett_-_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In the statement of agreed facts, Mr Barrett accepts that his admitted conduct amounts to ./Barrett_-_Web_Decision.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Barrett_-_Web_Decision.pdf-disrepute. -- ./Barrett_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Barrett_-_Web_Decision.pdf- practices of the school in which they teach ./Barrett_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barrett_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barrett_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Barrett amounts to misconduct of a serious ./Barrett_-_Web_Decision.pdf-nature which fell significantly short of the standards expected of the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel has also considered whether Mr Barrett's conduct displayed behaviours ./Barrett_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:The panel has found that the offence of sexual activity is relevant given that Mr Barrett ./Barrett_-_Web_Decision.pdf:engaged in conduct of a sexual nature for some form of his own sexual gratification. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 7 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Barrett_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Barrett_-_Web_Decision.pdf-namely the protection of pupils, the protection of other members of the public, the ./Barrett_-_Web_Decision.pdf-maintenance of public confidence in the profession, declaring and upholding proper ./Barrett_-_Web_Decision.pdf-standards of conduct, confidence in the regulatory process and the interest of retaining ./Barrett_-_Web_Decision.pdf-the teacher in the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In light of the panel’s findings against Mr Barrett, which involved engaging in conduct of a ./Barrett_-_Web_Decision.pdf-sexual nature which was sexually motivated, there is a strong public interest ./Barrett_-_Web_Decision.pdf-consideration in the protection of pupils given the serious finding of serious sexual ./Barrett_-_Web_Decision.pdf:misconduct. Mr Barrett accessed and viewed materials of a sexual and/or pornographic ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 8 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Barrett_-_Web_Decision.pdf-Barrett. The panel took further account of the Advice, which suggests that a prohibition ./Barrett_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Barrett_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Barrett_-_Web_Decision.pdf- Teachers’ Standards; ./Barrett_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Barrett_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Barrett_-_Web_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Barrett_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Barrett_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Barrett_-_Web_Decision.pdf- from the individual’s professional position; ./Barrett_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Barrett_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Barrett_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Barrett_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Barrett_-_Web_Decision.pdf-behaviour in this case. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-There was no evidence that the teacher’s actions were not deliberate. Mr Barrett has ./Barrett_-_Web_Decision.pdf-admitted that his conduct amounts to unacceptable professional conduct and conduct ./Barrett_-_Web_Decision.pdf-which may bring the profession into disrepute. However, he has not shown insight into -- ./Barrett_-_Web_Decision.pdf-There was no evidence to suggest that the teacher was acting under duress, and in fact ./Barrett_-_Web_Decision.pdf-the panel found the teacher’s actions to be calculated, motivated and repeated, in ./Barrett_-_Web_Decision.pdf-particular the panel noted that he had the materials ready to access on his computer ./Barrett_-_Web_Decision.pdf-during school hours and that, on occasions, he drew the curtains in the classroom whilst ./Barrett_-_Web_Decision.pdf:viewing the materials. He also accessed and viewed sexual and pornographic materials ./Barrett_-_Web_Decision.pdf-whist pupils were present in the classroom. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The teacher did have a previously good history and admitted the allegations consistently. ./Barrett_-_Web_Decision.pdf-The panel carefully considered his letter to the National College and reference made to ./Barrett_-_Web_Decision.pdf-his teaching abilities contained in the case papers. The panel noted that no professional ./Barrett_-_Web_Decision.pdf-references had been provided by Mr Barrett that attested to his professional abilities. The ./Barrett_-_Web_Decision.pdf-panel noted Mr Barrett's health condition and that this pre-dated the conduct found ./Barrett_-_Web_Decision.pdf-proved. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The panel first considered whether it would be proportionate to conclude this case with -- ./Barrett_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Barrett_-_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful of the Advice ./Barrett_-_Web_Decision.pdf-that a prohibition order applies for life, but there may be circumstances in any given case ./Barrett_-_Web_Decision.pdf-that may make it appropriate to allow a teacher to apply to have the prohibition order ./Barrett_-_Web_Decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Barrett_-_Web_Decision.pdf-review period being recommended. One of these behaviours includes serious sexual ./Barrett_-_Web_Decision.pdf-misconduct, given that Mr Barrett's conduct was sexually motivated and had the potential ./Barrett_-_Web_Decision.pdf-to result in harm to a person or persons, including pupils and colleagues who could have ./Barrett_-_Web_Decision.pdf:inadvertently viewed material of a sexual and pornographic nature. Furthermore, Mr ./Barrett_-_Web_Decision.pdf:Barrett has been responsible for engaging in conduct of a sexual nature whilst on school ./Barrett_-_Web_Decision.pdf-premises, on more than one occasion and whilst, on occasion, at least one pupil was ./Barrett_-_Web_Decision.pdf:working in the classroom and which was sexually motivated. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 10 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Barrett_-_Web_Decision.pdf- statutory provisions; ./Barrett_-_Web_Decision.pdf- o showing tolerance of and respect for the rights of others; ./Barrett_-_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Barrett_-_Web_Decision.pdf- practices of the school in which they teach ./Barrett_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barrett_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barrett_-_Web_Decision.pdf-The panel has also considered whether Mr Barrett's conduct displayed behaviours ./Barrett_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:The panel has found that the offence of sexual activity is relevant given that Mr Barrett ./Barrett_-_Web_Decision.pdf:engaged in conduct of a sexual nature for some form of his own sexual gratification. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 11 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Barrett_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Barrett_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Barrett_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Barrett_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Barrett_-_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Barrett, and the impact that will have ./Barrett_-_Web_Decision.pdf-on him, is proportionate. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Barrett_-_Web_Decision.pdf-children. The panel has observed “Mr Barrett accessed and viewed materials of a sexual ./Barrett_-_Web_Decision.pdf:and/or pornographic nature during schools hours, whilst on school premises, whilst, on ./Barrett_-_Web_Decision.pdf-more than one occasion, at least one pupil was working in the classroom.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-A prohibition order would therefore prevent such a risk from being present in the future. I ./Barrett_-_Web_Decision.pdf-have also taken into account the panel’s comments on insight and remorse which the ./Barrett_-_Web_Decision.pdf-panel sets out as follows, “Mr Barrett has expressed regret but the panel has no evidence ./Barrett_-_Web_Decision.pdf-of insight.” The panel also noted that “Mr Barrett is receiving treatment for his health ./Barrett_-_Web_Decision.pdf-condition but given the long-standing nature of his condition, the panel has no evidence ./Barrett_-_Web_Decision.pdf-to satisfy it that such treatment will address the deep seated attitude which resulted in the ./Barrett_-_Web_Decision.pdf-behaviours found proven. Consequently, Mr Barrett presents a continuing risk in terms of ./Barrett_-_Web_Decision.pdf-repetition of his conduct.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Barrett_-_Web_Decision.pdf-behaviour and this risks the future well-being of pupils given that the panel found that, ./Barrett_-_Web_Decision.pdf:“Mr Barrett has been responsible for engaging in conduct of a sexual nature whilst on ./Barrett_-_Web_Decision.pdf-school premises, on more than one occasion and whilst, on occasion, at least one pupil ./Barrett_-_Web_Decision.pdf:was working in the classroom and which was sexually motivated.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have therefore given this element considerable weight in reaching my decision. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Barrett_-_Web_Decision.pdf-confidence in the profession. The panel observe, “The findings of misconduct are serious ./Barrett_-_Web_Decision.pdf-and the conduct displayed would likely have a negative impact on the individual’s status ./Barrett_-_Web_Decision.pdf-as a teacher, potentially damaging the public perception”. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Barrett_-_Web_Decision.pdf-that such a finding has on the reputation of the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf- 12 ./Barrett_-_Web_Decision.pdf- -- ./Barrett_-_Web_Decision.pdf-A prohibition order would prevent Mr Barrett from teaching and would also clearly deprive ./Barrett_-_Web_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Barrett_-_Web_Decision.pdf-lack of insight. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have also placed considerable weight on the finding of the panel that Mr Barrett’s, ./Barrett_-_Web_Decision.pdf-“behaviours includes serious sexual misconduct, given that Mr Barrett's conduct was ./Barrett_-_Web_Decision.pdf-sexually motivated and had the potential to result in harm to a person or persons, ./Barrett_-_Web_Decision.pdf-including pupils and colleagues who could have inadvertently viewed material of a sexual ./Barrett_-_Web_Decision.pdf:and pornographic nature.” ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Barrett_-_Web_Decision.pdf-Mr Barrett has made to the profession. In my view it is necessary to impose a prohibition ./Barrett_-_Web_Decision.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Barrett_-_Web_Decision.pdf-not backed up by appropriate insight does not in my view satisfy the public interest ./Barrett_-_Web_Decision.pdf-requirement concerning public confidence in the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Barrett_-_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Barrett_-_Web_Decision.pdf-achieve. -- ./Barrett_-_Web_Decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Barrett_-_Web_Decision.pdf-findings and is proportionate to achieve the aim of maintaining public confidence in the ./Barrett_-_Web_Decision.pdf-profession. In this case, there are three factors that in my view mean that allowing for no ./Barrett_-_Web_Decision.pdf-review period is necessary to achieve the aim of maintaining public confidence in the ./Barrett_-_Web_Decision.pdf:profession. These elements are the sexual misconduct found, the lack of insight and the ./Barrett_-_Web_Decision.pdf-ongoing risk of repetition. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-I consider therefore that allowing for no review period is necessary to satisfy the ./Barrett_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Barrett_-_Web_Decision.pdf- ./Barrett_-_Web_Decision.pdf-This means that Mr Julian Barrett is prohibited from teaching indefinitely and ./Barrett_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Barrett_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Barrett_-_Web_Decision.pdf-found proved against him, I have decided that Mr Julian Barrett shall not be entitled to ./Barrett_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- b. Put his hand down her trousers and/or pants and touched and/or squeezed ./Bartlett_Nicholas_-_Web_Decision.pdf- her bottom; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- c. Hugged her; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 2. Shortly after summer camp he sent Pupil A a Facebook friend request; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 3. On 31 October 2015, he sent Pupil A 3 Facebook messages; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf: 4. His actions set out at 1 above were sexually motivated; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 5. On the evening when the events with Pupil A referred to at paragraph 1 above ./Bartlett_Nicholas_-_Web_Decision.pdf- took place, he consumed alcohol and/or became drunk while responsible for 11 ./Bartlett_Nicholas_-_Web_Decision.pdf- and 12 year old pupils; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 6. By his action set out at 5 above he potentially put pupils at risk. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett provided a written statement to the NCTL on 15 February 2017, in which his ./Bartlett_Nicholas_-_Web_Decision.pdf-response to the allegations is as follows: ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-these proceedings and also to maintain confidence in the teaching profession. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf-has noted Mr Bartlett’s request to protect the identities of the parties involved in the ./Bartlett_Nicholas_-_Web_Decision.pdf-allegations. Mr Bartlett has not given any other reason to support the application. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has balanced the reason that Mr Bartlett has requested that the public be ./Bartlett_Nicholas_-_Web_Decision.pdf-excluded against the competing reasons for which a public hearing is required. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel notes that it has a discretion pursuant to section 4.71 of the Procedures to ./Bartlett_Nicholas_-_Web_Decision.pdf-treat Pupil A as a vulnerable witness if it considers that the test for doing so in that ./Bartlett_Nicholas_-_Web_Decision.pdf-section is satisfied. The panel is conscious of the fact that the allegation against Mr ./Bartlett_Nicholas_-_Web_Decision.pdf:Bartlett is of a sexual nature and Pupil A was the alleged victim. In addition, although ./Bartlett_Nicholas_-_Web_Decision.pdf-Pupil A is now over 18 years of age, she was under 18 years of age at the time of the ./Bartlett_Nicholas_-_Web_Decision.pdf-events that gave rise to the allegations. As a result, the panel considers Pupil A to be a ./Bartlett_Nicholas_-_Web_Decision.pdf-vulnerable witness. The panel also notes that the other former pupils referred to in the ./Bartlett_Nicholas_-_Web_Decision.pdf-evidence are of the same age group and that identification of them may enable Pupil A to ./Bartlett_Nicholas_-_Web_Decision.pdf-be identified. Consequently the panel has decided to anonymise Pupil A and the other ./Bartlett_Nicholas_-_Web_Decision.pdf-pupils referred to in the evidence during these proceedings. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In relation to Mr Bartlett’s application for the hearing (or part of it) to be held in private, ./Bartlett_Nicholas_-_Web_Decision.pdf-the panel notes that any departure from the general rule has to be no greater than the ./Bartlett_Nicholas_-_Web_Decision.pdf-extent reasonably necessary and that interference for a limited period of the hearing is -- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Bartlett_Nicholas_-_Web_Decision.pdf-of the hearing. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett began working as a supply teacher at Clarendon Academy on 7 January 2013 ./Bartlett_Nicholas_-_Web_Decision.pdf-and became a permanent science teacher on 27 January 2014. From 29 June 2015 to 3 ./Bartlett_Nicholas_-_Web_Decision.pdf-July 2015 he accompanied some pupils on a school summer camp, during which it is ./Bartlett_Nicholas_-_Web_Decision.pdf:alleged that he sexually assaulted Pupil A. It is also alleged that Mr Bartlett sent Pupil A a ./Bartlett_Nicholas_-_Web_Decision.pdf-‘friend request’ and three messages via Facebook. A few months later, Pupil A discussed ./Bartlett_Nicholas_-_Web_Decision.pdf-the events at the summer camp with Pupil B. Pupil B told her mother and Pupil B’s ./Bartlett_Nicholas_-_Web_Decision.pdf-mother reported it to the School on 19 November 2015. Mr Bartlett was subsequently ./Bartlett_Nicholas_-_Web_Decision.pdf-suspended from the School on 20 November. A police investigation ensued but did not ./Bartlett_Nicholas_-_Web_Decision.pdf-result in a criminal prosecution as Pupil A declined to make a formal complaint. The ./Bartlett_Nicholas_-_Web_Decision.pdf-School then conducted its own investigation and Mr Bartlett resigned. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Findings of fact ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel must decide whether the facts of the case have been proved on the balance of ./Bartlett_Nicholas_-_Web_Decision.pdf-probabilities and its findings of fact are as follows. -- ./Bartlett_Nicholas_-_Web_Decision.pdf- 3. On 31 October 2015, you sent Pupil A 3 Facebook messages; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Pupil A’s statement states that she received three Facebook messages from Mr Bartlett ./Bartlett_Nicholas_-_Web_Decision.pdf-in October 2015 and she confirmed that this was correct in her oral evidence. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf-has seen copies of the messages in the hearing bundle. The panel noted that one of ./Bartlett_Nicholas_-_Web_Decision.pdf-these messages was sent at 5:23am. Pupil A also stated in oral evidence that she ./Bartlett_Nicholas_-_Web_Decision.pdf-received a copy of one of them to her school email account. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett’s statement admits this allegation and it is therefore found proved. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf: 4. Your actions set out at 1 above were sexually motivated; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In relation to the parts of allegation 1 that Mr Bartlett admits, the panel notes that Mr ./Bartlett_Nicholas_-_Web_Decision.pdf:Bartlett’s statement denies that his actions were sexually motivated. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel is of the view that on the balance of probabilities, a reasonable person would ./Bartlett_Nicholas_-_Web_Decision.pdf:consider the actions found proven in allegation 1 to have been sexually motivated. This is ./Bartlett_Nicholas_-_Web_Decision.pdf-particularly the case in relation to stroking the top of Pupil A’s thigh for a couple of ./Bartlett_Nicholas_-_Web_Decision.pdf-minutes and touching her bottom underneath her clothes and underwear, whilst hugging ./Bartlett_Nicholas_-_Web_Decision.pdf-her. Furthermore, the panel considers that the evidence presented to it regarding the ./Bartlett_Nicholas_-_Web_Decision.pdf-context in which the conduct took place indicates that it is more likely than not that the ./Bartlett_Nicholas_-_Web_Decision.pdf:purpose of the conduct was sexual. In particular, in relation to the nature and physicality ./Bartlett_Nicholas_-_Web_Decision.pdf-of the contact referred to in particulars 1a and 1b. It is also relevant that the conduct took ./Bartlett_Nicholas_-_Web_Decision.pdf-place at night, after Mr Bartlett had consumed alcohol and out of the sight of other pupils ./Bartlett_Nicholas_-_Web_Decision.pdf-and teachers. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf:The panel therefore concludes that the actions in allegation 1 were sexually motivated. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 5. On the evening when the events with Pupil A referred to at paragraph 1 ./Bartlett_Nicholas_-_Web_Decision.pdf- above took place, you consumed alcohol and/or became drunk while ./Bartlett_Nicholas_-_Web_Decision.pdf- responsible for 11 and 12 year old pupils; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel heard oral evidence from Pupil A that year 7 pupils (aged between 11 and 12 ./Bartlett_Nicholas_-_Web_Decision.pdf-years old) were present at the camp in question, albeit that they had gone to bed earlier ./Bartlett_Nicholas_-_Web_Decision.pdf-in the evening before the events referred to in allegation 1 took place. Pupil A also stated ./Bartlett_Nicholas_-_Web_Decision.pdf-that Mr Bartlett consumed alcohol during the evening, although she did not consider him ./Bartlett_Nicholas_-_Web_Decision.pdf-to be intoxicated. -- ./Bartlett_Nicholas_-_Web_Decision.pdf- o Only touching pupils for professional reasons when this is necessary and ./Bartlett_Nicholas_-_Web_Decision.pdf- appropriate for the pupil’s wellbeing or safety; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- o Not behaving in a way that could lead a reasonable observer to question ./Bartlett_Nicholas_-_Web_Decision.pdf- the staff’s conduct, intentions or suitability to care for other people’s ./Bartlett_Nicholas_-_Web_Decision.pdf- children; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- o Not making arrangements to communicate with pupils outside of work ./Bartlett_Nicholas_-_Web_Decision.pdf- (including by email or other messaging systems); and ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf: o Not developing a personal or sexual relationship with pupils. Attention is ./Bartlett_Nicholas_-_Web_Decision.pdf- drawn to the Sexual Offences Act 2003 (specifically the offence of abuse in ./Bartlett_Nicholas_-_Web_Decision.pdf- a position of trust) and an explanation is provided of the imbalance of power ./Bartlett_Nicholas_-_Web_Decision.pdf- between teachers and students and therefore the position of trust that ./Bartlett_Nicholas_-_Web_Decision.pdf- teachers are in when looking after students in their care. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In Mr Bartlett’s interview with the Investigation Officer on 15 December 2015, he ./Bartlett_Nicholas_-_Web_Decision.pdf-confirmed that he had received safeguarding training and was familiar with these policies ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 13 -- ./Bartlett_Nicholas_-_Web_Decision.pdf-(amongst others) and the Teachers’ Standards. However, the panel considers that the ./Bartlett_Nicholas_-_Web_Decision.pdf-conduct set out in the allegations constitutes breaches of these policies. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has also considered whether Mr Bartlett’s conduct displayed behaviours ./Bartlett_Nicholas_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Bartlett_Nicholas_-_Web_Decision.pdf:found that offences involving sexual activity are relevant. The Advice indicates that where ./Bartlett_Nicholas_-_Web_Decision.pdf-behaviours associated with such offences exist, a panel is likely to conclude that an ./Bartlett_Nicholas_-_Web_Decision.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel considers that although the conduct in allegations 1, 4, 5 and 6 did not take ./Bartlett_Nicholas_-_Web_Decision.pdf-place on the School’s premises, it was within an education setting. This is because Mr ./Bartlett_Nicholas_-_Web_Decision.pdf-Bartlett was present at the camp in his capacity as a teacher employed by the School, to ./Bartlett_Nicholas_-_Web_Decision.pdf-look after the students. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-Ultimately, the panel considers that the misconduct was of a serious nature, which fell ./Bartlett_Nicholas_-_Web_Decision.pdf-significantly short of the behaviour expected of a teacher in Mr Bartlett’s position. His -- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Bartlett_Nicholas_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Bartlett_Nicholas_-_Web_Decision.pdf-namely: ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  The protection of pupils and other members of the public; ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  The maintenance of public confidence in the profession; and ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  Declaring and upholding proper standards of conduct. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf:In light of the panel’s findings against Mr Bartlett, which involved sexually motivated ./Bartlett_Nicholas_-_Web_Decision.pdf-misconduct with Pupil A, there is a strong public interest consideration in the protection of ./Bartlett_Nicholas_-_Web_Decision.pdf-pupils. Similarly, the panel considers that public confidence in the profession could be ./Bartlett_Nicholas_-_Web_Decision.pdf-seriously weakened if conduct such as that found against Mr Bartlett was not treated with ./Bartlett_Nicholas_-_Web_Decision.pdf-the utmost seriousness when regulating the conduct of the profession. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In view of the clear public interest considerations that were present, the panel has ./Bartlett_Nicholas_-_Web_Decision.pdf-considered carefully whether or not it would be proportionate to impose a prohibition ./Bartlett_Nicholas_-_Web_Decision.pdf-order, taking into account the effect that this would have on Mr Bartlett. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-In carrying out the balancing exercise, the panel has considered the public interest -- ./Bartlett_Nicholas_-_Web_Decision.pdf-Bartlett. The panel took further account of the Advice, which suggests that a prohibition ./Bartlett_Nicholas_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bartlett_Nicholas_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  a serious departure from the personal and professional conduct elements of the ./Bartlett_Nicholas_-_Web_Decision.pdf- Teachers’ Standards; ./Bartlett_Nicholas_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Bartlett_Nicholas_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Bartlett_Nicholas_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bartlett_Nicholas_-_Web_Decision.pdf- rights of pupils; and ./Bartlett_Nicholas_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Bartlett_Nicholas_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bartlett_Nicholas_-_Web_Decision.pdf- from the individual’s professional position. ./Bartlett_Nicholas_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Bartlett_Nicholas_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Bartlett_Nicholas_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 15 ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Bartlett_Nicholas_-_Web_Decision.pdf-behaviour in this case. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel noted in this regard that there are no previous findings of misconduct against ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett. However, the evidence indicates that Mr Bartlett’s actions were deliberate ./Bartlett_Nicholas_-_Web_Decision.pdf:and sexually motivated. The panel has not received any references as to Mr Bartlett’s ./Bartlett_Nicholas_-_Web_Decision.pdf-abilities as a teacher or character references. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The evidence indicates that Mr Bartlett’s behaviour towards Pupil A was part of an ./Bartlett_Nicholas_-_Web_Decision.pdf:evident developing pattern of sexually motivated conduct towards her, which he ./Bartlett_Nicholas_-_Web_Decision.pdf-deliberately hid from others. The panel considers this to have been an outright abuse of ./Bartlett_Nicholas_-_Web_Decision.pdf-his position of trust, given the imbalance of power between him and Pupil A and her ./Bartlett_Nicholas_-_Web_Decision.pdf-vulnerability as a female student under the age of 18 in his care. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel is concerned by the hidden nature of Mr Bartlett’s conduct and his failure to ./Bartlett_Nicholas_-_Web_Decision.pdf-report it. During Mr Bartlett’s interview with the Investigation Officer, he stated that at the ./Bartlett_Nicholas_-_Web_Decision.pdf-time of the incident in allegation 1b, he thought he had said to Pupil A “I’m going to get ./Bartlett_Nicholas_-_Web_Decision.pdf-fired for that”, which indicates that he recognised the seriousness and inappropriateness ./Bartlett_Nicholas_-_Web_Decision.pdf-of what he had done. Of particular relevance is also Pupil A’s credible oral evidence ./Bartlett_Nicholas_-_Web_Decision.pdf-(supported by her written statement) that after the incident at the camp, Mr Bartlett -- ./Bartlett_Nicholas_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Bartlett_Nicholas_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present, despite the severity ./Bartlett_Nicholas_-_Web_Decision.pdf-of consequences for Mr Bartlett of prohibition. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Bartlett. ./Bartlett_Nicholas_-_Web_Decision.pdf:The fact that the conduct in allegations 1 to 3 was sexually motivated towards a ./Bartlett_Nicholas_-_Web_Decision.pdf-vulnerable student, the hidden nature of this and Mr Bartlett’s attempt to place some of ./Bartlett_Nicholas_-_Web_Decision.pdf-the blame upon Pupil A (which indicates an ongoing safeguarding risk), were significant ./Bartlett_Nicholas_-_Web_Decision.pdf-factors in forming that opinion. Accordingly, the panel makes a recommendation to the ./Bartlett_Nicholas_-_Web_Decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Bartlett_Nicholas_-_Web_Decision.pdf-a review period of the order should be considered. The panel were mindful that the ./Bartlett_Nicholas_-_Web_Decision.pdf-Advice advises that a prohibition order applies for life, but that there may be ./Bartlett_Nicholas_-_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Bartlett_Nicholas_-_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time, that may not be ./Bartlett_Nicholas_-_Web_Decision.pdf-less than 2 years. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Bartlett_Nicholas_-_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Bartlett_Nicholas_-_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Bartlett_Nicholas_-_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bartlett_Nicholas_-_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Bartlett_Nicholas_-_Web_Decision.pdf:has found that Mr Bartlett has been responsible for doing this, due to his serious sexual ./Bartlett_Nicholas_-_Web_Decision.pdf-misconduct towards a vulnerable student in his care, which constituted an abuse of his ./Bartlett_Nicholas_-_Web_Decision.pdf-position of trust (as explained above). The panel’s observations regarding Mr Bartlett’s ./Bartlett_Nicholas_-_Web_Decision.pdf-insight are also detailed above. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The panel therefore felt that the findings indicated a situation in which a review period ./Bartlett_Nicholas_-_Web_Decision.pdf-would not be appropriate and as such has decided that it would be proportionate in all the ./Bartlett_Nicholas_-_Web_Decision.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Bartlett_Nicholas_-_Web_Decision.pdf-review period. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-In this case the Advice published by the Secretary of State suggests that a prohibition ./Bartlett_Nicholas_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bartlett_Nicholas_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-  a serious departure from the personal and professional conduct elements of the ./Bartlett_Nicholas_-_Web_Decision.pdf- Teachers’ Standards; ./Bartlett_Nicholas_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Bartlett_Nicholas_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Bartlett_Nicholas_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bartlett_Nicholas_-_Web_Decision.pdf- rights of pupils; and ./Bartlett_Nicholas_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Bartlett_Nicholas_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bartlett_Nicholas_-_Web_Decision.pdf- from the individual’s professional position. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf- 18 ./Bartlett_Nicholas_-_Web_Decision.pdf- -- ./Bartlett_Nicholas_-_Web_Decision.pdf-I have weighed the public interest considerations and the interests of Mr Bartlett. In my ./Bartlett_Nicholas_-_Web_Decision.pdf-judgement in this case a prohibition order is merited and is proportionate. I have taken ./Bartlett_Nicholas_-_Web_Decision.pdf-into account the mitigating factors set out by the panel. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-I have noted that the panel found there to be no previous findings of misconduct against ./Bartlett_Nicholas_-_Web_Decision.pdf-Mr Bartlett. However, the panel are also clear that the evidence indicates that Mr ./Bartlett_Nicholas_-_Web_Decision.pdf:Bartlett’s actions were deliberate and sexually motivated. The panel sets out that it had ./Bartlett_Nicholas_-_Web_Decision.pdf-not received any references as to Mr Bartlett’s abilities as a teacher or character ./Bartlett_Nicholas_-_Web_Decision.pdf-references. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-The evidence indicates that Mr Bartlett’s behaviour towards Pupil A was part of an ./Bartlett_Nicholas_-_Web_Decision.pdf:evident developing pattern of sexually motivated conduct towards her, which he ./Bartlett_Nicholas_-_Web_Decision.pdf-deliberately hid from others. Like the panel, I consider this to have been an outright ./Bartlett_Nicholas_-_Web_Decision.pdf-abuse of his position of trust, given the imbalance of power between him and Pupil A and ./Bartlett_Nicholas_-_Web_Decision.pdf-her vulnerability as a female student under the age of 18 in his care. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-For these reasons I support the recommendation of the panel that a prohibition order is ./Bartlett_Nicholas_-_Web_Decision.pdf-imposed on Mr Bartlett. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-I have gone on to consider the matter of a review period. I have read with care the ./Bartlett_Nicholas_-_Web_Decision.pdf-recommendation of the panel and have also read again the advice on this matter. For the ./Bartlett_Nicholas_-_Web_Decision.pdf-reasons given, taking into account the apparent lack of insight and the serious nature of ./Bartlett_Nicholas_-_Web_Decision.pdf:the sexual misconduct I agree with the recommendation of the panel that there be no ./Bartlett_Nicholas_-_Web_Decision.pdf-review period. In my view this is proportionate, in the public interest and in line with the ./Bartlett_Nicholas_-_Web_Decision.pdf-published advice. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-This means that Mr Nicholas Bartlett is prohibited from teaching indefinitely and ./Bartlett_Nicholas_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Bartlett_Nicholas_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Bartlett_Nicholas_-_Web_Decision.pdf-found proved against him, I have decided that Mr Nicholas Bartlett shall not be entitled to ./Bartlett_Nicholas_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Bartlett_Nicholas_-_Web_Decision.pdf- ./Bartlett_Nicholas_-_Web_Decision.pdf-This order takes effect from the date on which it is served on the teacher. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 1. Failed to maintain boundaries and abused your position of trust, by having an ./Barton_Sarah_Web_Decision.pdf- inappropriate relationship with Pupil A, in that you: ./Barton_Sarah_Web_Decision.pdf- a. Contacted Pupil A by telephone; ./Barton_Sarah_Web_Decision.pdf- b. Met with Pupil A in your school office; ./Barton_Sarah_Web_Decision.pdf- c. Took Pupil A in your car; ./Barton_Sarah_Web_Decision.pdf- d. Kissed Pupil A; ./Barton_Sarah_Web_Decision.pdf- e. Met Pupil A in numerous public places; ./Barton_Sarah_Web_Decision.pdf- f. Took Pupil A to see the musical “Matilda” in London during half term; ./Barton_Sarah_Web_Decision.pdf- g. Booked overnight accommodation for yourself and Pupil A; ./Barton_Sarah_Web_Decision.pdf: h. Had sexual intercourse with Pupil A; ./Barton_Sarah_Web_Decision.pdf- i. Attended Pupil A’s parents’ house; ./Barton_Sarah_Web_Decision.pdf- j. Attended Pupil A’s birthday party. ./Barton_Sarah_Web_Decision.pdf- 2. In failing to maintain boundaries and abusing your position of trust, by having an ./Barton_Sarah_Web_Decision.pdf: inappropriate relationship with Pupil A, you were sexually motivated. ./Barton_Sarah_Web_Decision.pdf-In Mrs Barton's reponse, dated 5 June 2017, to the Notice of Proceedings dated 2 June ./Barton_Sarah_Web_Decision.pdf-2017, she admitted the facts and particulars giving rise to allegations 1 and 2. She also ./Barton_Sarah_Web_Decision.pdf-accepted that these facts amounted to both unacceptable professional conduct and ./Barton_Sarah_Web_Decision.pdf-conduct that may bring the profession into disrepute ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-A Statement of Agreed Facts had been prepared and signed by both parties. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-C. Preliminary applications ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-We have carefully considered the case before us and have reached a decision. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Barton_Sarah_Web_Decision.pdf-hearing. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Mrs Barton had been employed at the School from September 2007 to July 2016 as a ./Barton_Sarah_Web_Decision.pdf-drama teacher. When she left the School's employment having resigned from her post, ./Barton_Sarah_Web_Decision.pdf-she held of the position of head of department for drama and dance. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-During the academic year 2015/2016, Mrs Barton taught Pupil A and, at some point, a ./Barton_Sarah_Web_Decision.pdf:friendship developed between the two of them that culminated in a sexual relationship. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have also considered it necessary to anonymise the two witnesses whose witness ./Barton_Sarah_Web_Decision.pdf-statements appear at pages of 22 to 35 of the bundle. We determined that not to do so ./Barton_Sarah_Web_Decision.pdf-would inevitably lead to Pupil A possibly being identified and it was therefore in the ./Barton_Sarah_Web_Decision.pdf-interests of justice to do so. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Findings of fact ./Barton_Sarah_Web_Decision.pdf-Our findings of fact are as follows: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We must decide whether the facts of the case have been proved on the balance of -- ./Barton_Sarah_Web_Decision.pdf- c. Took Pupil A in your car; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted by you in your witness statement of 16 May 2017 and is also ./Barton_Sarah_Web_Decision.pdf-agreed within the Statement of Agreed Facts to the extent that you had Pupil A's parents' ./Barton_Sarah_Web_Decision.pdf-permission to drive Pupil A. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have considered the evidence of Witness 2 who states that you would often "meet ./Barton_Sarah_Web_Decision.pdf-Pupil A from her workplace and take her home". On balance, we determined that this was ./Barton_Sarah_Web_Decision.pdf-a reference to you picking Pupil A up from work in your car. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:Witness 1 states that you told her you had sex in your car with Pupil A (paragraph 15) ./Barton_Sarah_Web_Decision.pdf-and it is a natural inference that this happened after you had picked up Pupil A in your ./Barton_Sarah_Web_Decision.pdf-car. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We acknowledge that Pupil A's parents gave their permission for their daughter to be in ./Barton_Sarah_Web_Decision.pdf-your car. However, this permission must clearly only have been given on the basis that ./Barton_Sarah_Web_Decision.pdf-there was a legitimate teacher/pupil relationship between you and their daughter. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-On balance, we find this allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- d. Kissed Pupil A; -- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and included in the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have noted the corroborative evidence from Witness 1 and Witness 2 that hotel stays ./Barton_Sarah_Web_Decision.pdf-took place on at least two occasions. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Such an action is clearly inappropriate for a teacher and a student and we find this ./Barton_Sarah_Web_Decision.pdf-allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf: h. Had sexual intercourse with Pupil A; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and included in the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have also considered the evidence of Witness 1 and Witness 2 who both confirm you ./Barton_Sarah_Web_Decision.pdf:told them that you were in a sexual relationship with Pupil A. Witness 1 states that you ./Barton_Sarah_Web_Decision.pdf:had told her that you had had sex with Pupil A in your car and in fields in [the locality]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:It is clear that a sexual relationship existed between you and Pupil A. We find this ./Barton_Sarah_Web_Decision.pdf-allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- i. Attended Pupil A’s parents’ house; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and confirmed within the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-We have also considered Witness 1's evidence that you would attend Pupil A's home for ./Barton_Sarah_Web_Decision.pdf-dinner. Whilst we accept that there may possibly be occasions when such visits by a ./Barton_Sarah_Web_Decision.pdf-teacher could be appropriate, this was clearly not the case given your ongoing relationship -- ./Barton_Sarah_Web_Decision.pdf-Again, whilst we accept there could be an occasion when attending a pupil's birthday ./Barton_Sarah_Web_Decision.pdf-party maybe acceptable, in light of your ongoing relationship with Pupil A, we find this ./Barton_Sarah_Web_Decision.pdf-allegation proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Because of all the reasons given, it is clear to us that you consistently and persistently ./Barton_Sarah_Web_Decision.pdf-failed to maintain appropriate boundaries and abused your position of trust not only with ./Barton_Sarah_Web_Decision.pdf-Pupil A but also, on occasion, with Pupil A's parents and we find the entirety of allegation ./Barton_Sarah_Web_Decision.pdf-1 proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-2. In failing to maintain boundaries and abusing your position of trust, by having an ./Barton_Sarah_Web_Decision.pdf:inappropriate relationship with Pupil A, you were sexually motivated. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This allegation is admitted in your statement of 16 May 2017 and confirmed in the ./Barton_Sarah_Web_Decision.pdf-Statement of Agreed Facts. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-It is self-evident that any relationship between a teacher and a pupil leading to and / or ./Barton_Sarah_Web_Decision.pdf:involving any sexual activity must be sexually motivated. We therefore find this allegation ./Barton_Sarah_Web_Decision.pdf-proved. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Barton_Sarah_Web_Decision.pdf-may bring the profession into disrepute ./Barton_Sarah_Web_Decision.pdf-Having found all of the allegations to have been proven, we have gone on to consider ./Barton_Sarah_Web_Decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Barton_Sarah_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In doing so, the panel has had regard to the document Teacher misconduct: The ./Barton_Sarah_Web_Decision.pdf-prohibition of teachers, which we refer to as “the Advice”. -- ./Barton_Sarah_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Barton_Sarah_Web_Decision.pdf-namely: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  the protection of pupils; ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  the maintenance of public confidence in the profession; and ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  declaring and upholding proper standards of conduct. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In light of the panel’s findings against Mrs Barton, which involved an inappropriate ./Barton_Sarah_Web_Decision.pdf:relationship with a pupil that developed over a number of months into that of a sexual ./Barton_Sarah_Web_Decision.pdf-relationship, there is a strong public interest consideration in respect of the protection of ./Barton_Sarah_Web_Decision.pdf-pupils given the seriousness of the conduct. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 11 ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mrs ./Barton_Sarah_Web_Decision.pdf-Barton. The panel took further account of the Advice, which suggests that a prohibition ./Barton_Sarah_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Barton_Sarah_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Barton_Sarah_Web_Decision.pdf- Teachers’ Standards; ./Barton_Sarah_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Barton_Sarah_Web_Decision.pdf- particularly where there is a continuing risk; ./Barton_Sarah_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils); ./Barton_Sarah_Web_Decision.pdf:  sexual misconduct involving actions that were sexual in nature ./Barton_Sarah_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Barton_Sarah_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Barton_Sarah_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Barton_Sarah_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Barton_Sarah_Web_Decision.pdf-behaviour in this case. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel heard evidence regarding mitigation and character in private. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel heard in oral evidence strong positive character reviews of Mrs Barton from ./Barton_Sarah_Web_Decision.pdf-one of her teaching colleagues, Witness A, and also from a close friend of hers, Witness -- ./Barton_Sarah_Web_Decision.pdf-Whilst Mrs Barton's personal circumstances were not unique, there is no doubt that they ./Barton_Sarah_Web_Decision.pdf-were unsual and extreme and in the view of the panel could have impacted on her ./Barton_Sarah_Web_Decision.pdf-judgement prior to and during the relationship with Pupil A. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-[redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Whilst there was no evidence that Mrs Barton’s actions began in any deliberate manner, ./Barton_Sarah_Web_Decision.pdf-in light of the length of time that the relationship developed and the emotional benefit ./Barton_Sarah_Web_Decision.pdf-gained by Mrs Barton, the panel had to conclude there was planning by her to some ./Barton_Sarah_Web_Decision.pdf-degree. Mrs Barton was the teacher and [redacted].there were numerous opportunities ./Barton_Sarah_Web_Decision.pdf:for the relationship to be terminated by her. This was a sexually motivated relationship ./Barton_Sarah_Web_Decision.pdf-that continued despite warnings from her colleagues. It was not a one-off spontaneous ./Barton_Sarah_Web_Decision.pdf-event. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 13 ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-Mrs Barton was an experienced teacher who did have a previously good history. The ./Barton_Sarah_Web_Decision.pdf-panel accepts that the behaviour was out of character for her and arose, in part, from the ./Barton_Sarah_Web_Decision.pdf-extreme personal circumstances that she found herself in. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel considered that Mrs Barton showed genuine remorse for her conduct and ./Barton_Sarah_Web_Decision.pdf-thought her insight into these matters was developing. [redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-[redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel has decided that the public interest considerations outweigh the interests of ./Barton_Sarah_Web_Decision.pdf:Mrs Barton. The fact the relationship has been accepted to be sexually motivated and ./Barton_Sarah_Web_Decision.pdf:indeed did culminate in sex was a significant factor in forming that opinion. There is ./Barton_Sarah_Web_Decision.pdf-unquestionably a strong public interest in Mrs Barton being allowed to teach but in light of ./Barton_Sarah_Web_Decision.pdf-the serious nature of the proven allegations, that public interest is outweighed by the ./Barton_Sarah_Web_Decision.pdf-other public interest considerations and therefore the publication of a decision on ./Barton_Sarah_Web_Decision.pdf-unacceptable conduct in these circumstances would be insufficient to meet the public ./Barton_Sarah_Web_Decision.pdf-interest considerations. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Barton_Sarah_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide -- ./Barton_Sarah_Web_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Barton_Sarah_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Barton_Sarah_Web_Decision.pdf- professional position; ./Barton_Sarah_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Barton_Sarah_Web_Decision.pdf- statutory provisions; ./Barton_Sarah_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Barton_Sarah_Web_Decision.pdf- practices of the School in which they teach, and maintain high standards in their ./Barton_Sarah_Web_Decision.pdf- own attendance and punctuality. ./Barton_Sarah_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Barton_Sarah_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Barton_Sarah_Web_Decision.pdf:These findings of misconduct are particularly serious as they include a finding of sexual ./Barton_Sarah_Web_Decision.pdf-misconduct on the part of a teacher. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Barton_Sarah_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Barton_Sarah_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Barton_Sarah_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Barton_Sarah_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Barton_Sarah_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Barton_Sarah_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Barton_Sarah_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Barton_Sarah_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Barton_Sarah_Web_Decision.pdf-considered therefore whether or not prohibiting Mrs Barton, and the impact that will have ./Barton_Sarah_Web_Decision.pdf-on her, is proportionate. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Barton_Sarah_Web_Decision.pdf-children. The panel has observed that Mrs Barton’s behaviour “ involved an inappropriate ./Barton_Sarah_Web_Decision.pdf:relationship with a pupil that developed over a number of months into that of a sexual ./Barton_Sarah_Web_Decision.pdf-relationship.” A prohibition order would prevent such a risk from being present going ./Barton_Sarah_Web_Decision.pdf-forward. I have also taken into account the panel’s comments on insight and remorse ./Barton_Sarah_Web_Decision.pdf-which the panel sets out as follows, “showed genuine remorse for her conduct and ./Barton_Sarah_Web_Decision.pdf-thought her insight into these matters was developing. The panel was of the view that ./Barton_Sarah_Web_Decision.pdf-Mrs Barton was taking well judged actions to address the issues in her life, including ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf- 15 ./Barton_Sarah_Web_Decision.pdf- -- ./Barton_Sarah_Web_Decision.pdf-teachers.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In my judgement the lack of complete insight means that there is some risk of the ./Barton_Sarah_Web_Decision.pdf-repetition of this behaviour and this risks future pupils’ well-being.I have therefore given ./Barton_Sarah_Web_Decision.pdf-this element considerable weight in reaching my decision. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Barton_Sarah_Web_Decision.pdf-confidence in the profession. The panel observe that “public confidence in the ./Barton_Sarah_Web_Decision.pdf-profession could be seriously weakened if conduct such as that found against Mrs Barton ./Barton_Sarah_Web_Decision.pdf-were not treated with the utmost seriousness when regulating the conduct of the ./Barton_Sarah_Web_Decision.pdf:profession”. I am particularly mindful of the finding of sexual misconduct in this case and ./Barton_Sarah_Web_Decision.pdf-the impact that such a finding has on the reputation of the profession. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Barton_Sarah_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Barton_Sarah_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Barton_Sarah_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Barton_Sarah_Web_Decision.pdf-citizen.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Barton_Sarah_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Barton_Sarah_Web_Decision.pdf-provided. It was also clear that Mrs Barton still had a significant amount to offer to both ./Barton_Sarah_Web_Decision.pdf-pupils and the profession as a whole. The panel was of the view a review period of 2 ./Barton_Sarah_Web_Decision.pdf-years would allow Mrs Barton to further develop her insight and understanding regarding ./Barton_Sarah_Web_Decision.pdf-safeguarding and professional boundaries.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I have carefully considered the guidance published by the Secretary of State which ./Barton_Sarah_Web_Decision.pdf-states, “A panel should consider recommending to the Secretary of State that a ./Barton_Sarah_Web_Decision.pdf-prohibition order is imposed with no provision for the teacher to apply for it to be set aside ./Barton_Sarah_Web_Decision.pdf-after any period of time where the case involved or permitted any of the following: ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:Serious sexual misconduct e.g. where the act was sexually motivated and resulted in or ./Barton_Sarah_Web_Decision.pdf-had the potential to result in, harm to a person or persons, particularly where the ./Barton_Sarah_Web_Decision.pdf-individual has used their professional position to influence or exploit a person or ./Barton_Sarah_Web_Decision.pdf-persons”. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf:I have specifically noted that the panel has not made a finding of serious sexual ./Barton_Sarah_Web_Decision.pdf-misconduct in this case, and I have therefore not considered that as a finding in this ./Barton_Sarah_Web_Decision.pdf:decision. The panel has said that the conduct was sexually motivated and indeed are ./Barton_Sarah_Web_Decision.pdf:clear from their findings that “This was a sexually motivated relationship that continued ./Barton_Sarah_Web_Decision.pdf-despite warnings from her colleagues. It was not a one-off spontaneous event.” ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-I consider that a relationship, which the panel itself says, “involved an inappropriate ./Barton_Sarah_Web_Decision.pdf:relationship with a pupil that developed over a number of months into that of a sexual ./Barton_Sarah_Web_Decision.pdf-relationship” is nonetheless a very serious matter. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel itself, in considering the various mitigating circumstances says, “The panel ./Barton_Sarah_Web_Decision.pdf-accepts that the behaviour was out of character for her and arose, in part, from the ./Barton_Sarah_Web_Decision.pdf-extreme personal circumstances that she found herself in.” However the panel are also ./Barton_Sarah_Web_Decision.pdf-clear that some of those circumstances [redacted]. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-The panel has also said that a 2 year review period would “ would allow Mrs Barton to ./Barton_Sarah_Web_Decision.pdf-further develop her insight and understanding regarding safeguarding and professional ./Barton_Sarah_Web_Decision.pdf-boundaries.” -- ./Barton_Sarah_Web_Decision.pdf-I have therefore considered whether a 2 year review period reflects the seriousness of ./Barton_Sarah_Web_Decision.pdf-the findings and is a proportionate period to achieve the aim of maintaining public ./Barton_Sarah_Web_Decision.pdf-confidence in the profession. In this case, there are two factors that in my view mean that ./Barton_Sarah_Web_Decision.pdf-a two year review period is not sufficient to achieve the aim of maintaining public ./Barton_Sarah_Web_Decision.pdf:confidence in the profession. These elements are the sexual misconduct found and the ./Barton_Sarah_Web_Decision.pdf-lack of complete insight. I am therefore substituting a longer review period of 5 years as ./Barton_Sarah_Web_Decision.pdf-the review period. I believe that this better reflects the public interest in this case and ./Barton_Sarah_Web_Decision.pdf:better reflects the concerns that the public will have about a sexual relationship between ./Barton_Sarah_Web_Decision.pdf-a teacher and a pupil, albeit where there were some mitigating circumstances. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-In my view a 5 year review period is proportionate and in the public interest. I am ./Barton_Sarah_Web_Decision.pdf-therefore taking the decision to impose a prohibition order with a provision for an ./Barton_Sarah_Web_Decision.pdf-application to be made to set the order aside after a minimum of 5 years. ./Barton_Sarah_Web_Decision.pdf- ./Barton_Sarah_Web_Decision.pdf-This means that Mrs Sarah Barton is prohibited from teaching indefinitely and ./Barton_Sarah_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Barton_Sarah_Web_Decision.pdf-children’s home in England. She may apply for the prohibition order to be set aside, but ./Barton_Sarah_Web_Decision.pdf-not until 28 July 2022, 5 years from the date of this order at the earliest. This is not an ./Basey-_web_decision.pdf- iii. Said to Pupil A that he loved her or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- iv. Said to Pupil A that he wanted to marry her or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- v. Said to Pupil A that he wanted to have children with her or words to ./Basey-_web_decision.pdf- that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- b. On or around 10 February 2016 he said to Pupil C, 'would you suck your ./Basey-_web_decision.pdf- husband's toes' or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: c. On or around 26 February 2016, when discussing homosexual ./Basey-_web_decision.pdf- relationships, he said to Pupil E, 'you like a bit of that don't you' or words to ./Basey-_web_decision.pdf- that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- d. On or around 16 March 2016 he said to Pupil D when he had a lollipop: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- i. 'Just stick it in your mouth and give it a hard suck' or words to that ./Basey-_web_decision.pdf- effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- ii. 'Just suck that lolly really hard' or words to that effect; ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf: ii. 'Oral sex, that's just what girls do though isn't it' or words to that ./Basey-_web_decision.pdf- effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- iii. 'Masturbation should be encouraged boys and girls, girls as well, I ./Basey-_web_decision.pdf- really encourage masturbation, explore yourselves' or words to that ./Basey-_web_decision.pdf- effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- iv. 'Girls feel yourselves for vaginal mucus' or words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- g. Between January and March 2016 he discussed the following in the ./Basey-_web_decision.pdf- presence of pupils during lessons: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- i. Sex toys; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- ii. Flavoured condoms; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: iii. Anal sex. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey admitted the facts of allegations 1.a., 1.d., 1.f..i. and 1.g..ii. The panel had ./Basey-_web_decision.pdf-regard to the Statement of Agreed and Disputed Facts included within the papers. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey also initially admitted that his conduct in relation to allegations 1.a., 1.d., 1.f..i. ./Basey-_web_decision.pdf-and 1.g..ii. was such that he was guilty of unacceptable professional conduct and ./Basey-_web_decision.pdf-conduct that may bring the profession into disrepute. However, at the outset of the ./Basey-_web_decision.pdf-hearing it was confirmed on behalf of Mr Basey that this admission was not maintained ./Basey-_web_decision.pdf-following the provision of legal advice. ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf:In the course of doing so he claimed that he asked the 'groom' if he was happy marrying ./Basey-_web_decision.pdf:the 'bride', said to have been Pupil A, at which point the 'groom' responded that he was ./Basey-_web_decision.pdf-not and had no desire for babies. Mr Basey stated that at this point he commented that if ./Basey-_web_decision.pdf-that were the case then he would marry Pupil A and she could have his children. In doing ./Basey-_web_decision.pdf-so he asserted that he was seeking to reassure Pupil A. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-He contended that these were frivolous comments, and were inappropriate coming from ./Basey-_web_decision.pdf-him; however they were to be considered in the context of the lesson and the role play ./Basey-_web_decision.pdf-exercise undertaken. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In his witness statement Mr Basey stated that "I think I said, in jest, something along the ./Basey-_web_decision.pdf-lines of "Well if I were fifty years younger I would have loved to marry someone so -- ./Basey-_web_decision.pdf-This allegation was admitted by Mr Basey. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Whilst the precise date is unknown, Pupil A's log records that Mr Basey said to a student ./Basey-_web_decision.pdf-"if you don't be quiet I'll sit on your face." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The signed written account of Pupil I similarly records: "Mr Basey has said "If you don't ./Basey-_web_decision.pdf-be quiet I'll sit on your face" not to me but to others. He might say it to the whole class or ./Basey-_web_decision.pdf-to an individual if they find that funny." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey indicated in his oral evidence that this was a phrase he had used repeatedly in ./Basey-_web_decision.pdf:the past. However he was not aware that it had any sexual connotation. In his interview ./Basey-_web_decision.pdf-during the School's disciplinary process he had similarly stated "I've been saying that for ./Basey-_web_decision.pdf-time immemorial." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey accepted that, despite his intention being to make a humorous comment, this ./Basey-_web_decision.pdf-was an inappropriate comment to make to pupils. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Accordingly, in light of the admission made and the evidence, the panel found allegation ./Basey-_web_decision.pdf-1.f..i. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-g. Between January and March 2016 you discussed the following in the -- ./Basey-_web_decision.pdf: "Fruit flavoured condom's and kinky sex were briefly mentioned, he then went ./Basey-_web_decision.pdf- back to talk about Fruit flavoured condoms again, he asked the class what they ./Basey-_web_decision.pdf: their (sic) used for as he knew 'pointless for oral sex'. Asked the class again and ./Basey-_web_decision.pdf- said 'you lot know more than me in this department'. Individual B had walked into ./Basey-_web_decision.pdf- our lesson to look at some books, Mr Basey changed the topic but returned to it ./Basey-_web_decision.pdf- once Individual B had left." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B gave a further account of this incident in her meeting with Witness A, the note of ./Basey-_web_decision.pdf-which records: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: "Then he moved onto flavoured condoms (fruit flavoured as for oral sex you don't ./Basey-_web_decision.pdf- need a condom so why would you need a flavoured condom? He said to the class, ./Basey-_web_decision.pdf- you probably know more than me than what they are used." (sic) ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey admitted that he discussed flavoured condoms during a lesson and that it was ./Basey-_web_decision.pdf-inappropriate to do so in front of or in the vicinity of pupils. His account was that he was ./Basey-_web_decision.pdf-drawn into the discussion and that was inappropriate, but that he brought the brief ./Basey-_web_decision.pdf-discussion to a close. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered that discussing this issue in the presence of pupils was certainly ./Basey-_web_decision.pdf-inappropriate. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In light of the admission made and the evidence, the panel therefore found allegation ./Basey-_web_decision.pdf-1.g..ii proven.The panel has found the following particulars of the allegations against you ./Basey-_web_decision.pdf-not proven, for these reasons: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-You engaged in inappropriate behaviour towards one or more pupils during ./Basey-_web_decision.pdf-lessons including: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: c. On or around 26 February 2016, when discussing homosexual ./Basey-_web_decision.pdf- relationships, you said to Pupil E, 'you like a bit of that don't you' or ./Basey-_web_decision.pdf- words to that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B's log records that during the course of a lesson on 26 February 2016 Mr Basey ./Basey-_web_decision.pdf-allegedly said: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- "Gay young people or young people who think they may be gay shouldn't ./Basey-_web_decision.pdf: experiment with homosexual sex, it's dangerous, very dangerous and shouldn't be ./Basey-_web_decision.pdf- encouraged." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-It is alleged that he then stated to Pupil E words to the effect of "you like a bit of that don't ./Basey-_web_decision.pdf-you?" ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil E did not explicitly mention this alleged incident within his written account. Whilst ./Basey-_web_decision.pdf-the account records "the reference to me was accurate but I took it as a joke" the panel ./Basey-_web_decision.pdf-could not be certain as to precisely what this was referring to. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf:Mr Basey accepted that the topic of homosexuality was taught as part of the syllabus and ./Basey-_web_decision.pdf-he regarded it as a serious subject. However whilst he accepted in his oral evidence that ./Basey-_web_decision.pdf-the making of jokes had been a feature of his teaching, he denies that he made any such ./Basey-_web_decision.pdf-comment to Pupil E. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In those circumstances and in the absence of hearing from Pupil B and Pupil E, the panel ./Basey-_web_decision.pdf-could not be satisfied that the National College had proved to the requisite standard that ./Basey-_web_decision.pdf-words to this effect were spoken. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Accordingly, the panel did not find allegation 1.c. proven. ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf-The alleged incident was not referred to in any of the other written accounts provided by ./Basey-_web_decision.pdf-pupils. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Mr Basey has consistently denied this allegation. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Whilst he accepted that there was a discussion regarding the issue of sexual consent, he ./Basey-_web_decision.pdf-asserted in his oral evidence that he was seeking to get across that there was a risk of ./Basey-_web_decision.pdf-men getting a false impression. He repeatedly stressed a woman's right to change her ./Basey-_web_decision.pdf-mind. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The note of his interview on 21 March 2016 records his response to this allegation as ./Basey-_web_decision.pdf-being: "I never said this. I did say that when men are aroused, it's hard to stop." Further, ./Basey-_web_decision.pdf-it records Mr Basey stating that "When aroused men find it hard to stop when the girl ./Basey-_web_decision.pdf-changes her mind and this when is consensual stops and it goes to rape." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In his witness statement he added: -- ./Basey-_web_decision.pdf-particular words to words to that effect were said. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered that this was clearly a sensitive subject matter and there was a risk ./Basey-_web_decision.pdf-of misinterpretation. It therefore placed greater weight on Mr Basey's account of this ./Basey-_web_decision.pdf-incident. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel accordingly did not find allegation 1.e. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- f. Between January and March 2016 you said to one or more pupils: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: ii. 'Oral sex, that's just what girls do though isn't it' or words to ./Basey-_web_decision.pdf- that effect; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B's log records that Mr Basey allegedly made a comment in class in relation to oral ./Basey-_web_decision.pdf:sex whereby he stated "that's just what girls do though isn't it" ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- 16 ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf-However this particular entry was not made contemporaneously. It was a comment ./Basey-_web_decision.pdf-allegedly made by Mr Basey prior to Pupil B starting the log. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-This alleged incident is not referred to in any of the accounts provided by other pupils. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:In his witness statement, Mr Basey accepted that oral sex was briefly mentioned in a ./Basey-_web_decision.pdf:lesson as part of a general discussion on sexually transmitted infections but he did not ./Basey-_web_decision.pdf-accept that he said "that's what girls do" or words to that effect. The allegation was ./Basey-_web_decision.pdf-accordingly denied. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-In the absence of any corroborating evidence and in circumstances where Pupil B's ./Basey-_web_decision.pdf-account was reflective and not contemporaneous, the panel could not be satisfied that ./Basey-_web_decision.pdf-the National College had proved to the requisite standard that these words, or words to ./Basey-_web_decision.pdf-that effect, were said by Mr Basey. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel accordingly did not find allegation 1.f..ii. proven. ./Basey-_web_decision.pdf- -- ./Basey-_web_decision.pdf-Mr Basey accepted that the Billings method of birth control was discussed during a ./Basey-_web_decision.pdf-lesson on contraception; however he did not encourage pupils to act in the way that had ./Basey-_web_decision.pdf-been suggested. Rather, he asserted in his evidence that the discussion occurred in the ./Basey-_web_decision.pdf-context of family planning with reference to married woman and he would not have made ./Basey-_web_decision.pdf:such a suggestion to unmarried pupils. His belief was that sexual intercourse was solely ./Basey-_web_decision.pdf-for married people. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered this explanation to be credible and it was probable that Mr Basey ./Basey-_web_decision.pdf-had been misinterpreted. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Accordingly, the panel did not find this allegation proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- g. Between January and March 2016 you discussed the following in the ./Basey-_web_decision.pdf- presence of pupils during lessons: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- i. Sex toys; ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil B's log refers to a lesson in which a survey was put onto a projector by Mr Basey ./Basey-_web_decision.pdf:which examined the topics of 'How sexually adventurous are you' and 'do you use sex ./Basey-_web_decision.pdf-toys'. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:In her witness statement she further stated that "a survey involving sex toys was brought ./Basey-_web_decision.pdf-up during a lesson." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:However, Pupil B does not explicitly state that sex toys were in fact discussed by Mr ./Basey-_web_decision.pdf-Basey and nor is that suggested by any other pupil. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Mr Basey accepted that there was an incident where a reference to sex toys was ./Basey-_web_decision.pdf-inadvertently included within a lesson presentation sourced from the internet but he ./Basey-_web_decision.pdf-maintained that there was no discussion in relation to this issue. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel considered that there was no evidence to support the suggestion that a ./Basey-_web_decision.pdf:discussion in relation to sex toys had taken place and on that basis, the panel did not find ./Basey-_web_decision.pdf-allegation 1.g..i. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf: iii. Anal sex. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-An entry in Pupil B's log dated 8 March 2016 records: ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf- ""Anal penetration" doesn't see point because you 'can't have children from your ./Basey-_web_decision.pdf- anus." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-There is further reference to "gay young people" in an entry in Pupil B's log dated 26 ./Basey-_web_decision.pdf-February 2016. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Pupil G's written account also refers to an occasion where Mr Basey was talking about -- ./Basey-_web_decision.pdf:Mr Basey previously denied that anal sex had been discussed. In a letter to the National ./Basey-_web_decision.pdf:College dated 15 June 2016 he stated that "Anal sex was NEVER discussed in any of my ./Basey-_web_decision.pdf-lessons. I do not know where that originated from." ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Mr Basey subsequently accepted that anal sex was discussed in the course of a wider ./Basey-_web_decision.pdf:discussion on the topic of homosexuality, which was part of the syllabus. His explanation ./Basey-_web_decision.pdf:for his previous denial was that anal sex had not been discussed as a standalone topic. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf:Whilst he now accepted that anal sex was discussed, he denied that the discussion was ./Basey-_web_decision.pdf-inappropriate. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Considering the evidence as a whole, the panel was not satisfied that there was any ./Basey-_web_decision.pdf:clear evidence regarding the precise context in which anal sex may have been ./Basey-_web_decision.pdf-discussed. Accordingly, it did not consider that the National College had proved to the ./Basey-_web_decision.pdf-requisite standard that Mr Basey had behaved inappropriately. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-The panel therefore did not find allegation 1.g..iii. proven. ./Basey-_web_decision.pdf- ./Basey-_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Basey-_web_decision.pdf-may bring the profession into disrepute ./Basey-_web_decision.pdf-Having found a number of the allegations to have been proven, the panel went on to ./Basey-_web_decision.pdf-consider whether the facts of those proven allegations amounted to unacceptable ./Basey-_web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- b) telephone calls, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- c) e-mail, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- d) social media; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-3. His communications as set out at 2 above included message(s) of a: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) personal nature, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf: b) sexual nature; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-4. On or around 21 December 2013 he purchased tickets for a social event for Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-5. On one or more occasions he: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) met Pupil A socially outside school, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- b) arranged for Pupil A to come to his classroom when there was no legitimate ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- reason for her to do so; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:6. He engaged in a sexual relationship with Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-7. His conduct as set out at 1 and / or 2 and / or 3 and / or 4 and / or 5 a and / or 5 b was ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:sexually motivated; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-8. He knew or ought to have known that his conduct as set out above was an abuse of ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-his position of trust. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits allegations 1 to 6 and 8 in their entirety. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-In relation to allegation 7, Mr Bath admits that his conduct as set out in allegations 2, 3 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:and 5a was sexually motivated, but denies that his conduct as set out in allegations 1, 4 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- 4 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:or 5b was sexually motivated. During the hearing, the NCTL did not pursue those ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-elements of allegation 7 that were denied. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits that the admitted facts amount to unacceptable professional conduct, but ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-does not admit that they amount to conduct that may bring the profession into disrepute. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-C. Preliminary applications ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel considered an application on behalf of Mr Bath, that the name of the school ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-not be disclosed. The panel considered that it would not be in the interests of justice for -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-3. His communications as set out at 2 above included message(s) of a: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) personal nature, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and the panel has had the opportunity to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-review some of the communications in question. On these bases the panel finds this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf: b) sexual nature; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and the panel has had the opportunity to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-review some of the communications in question. On these bases the panel finds this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-4. On or around 21 December 2013 he purchased tickets for a social ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-event for Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and it is consistent with the rest of the evidence ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-before the panel, including contemporaneous text messages regarding the purchase. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel finds this allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-5. On one or more occasions he: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- a) met Pupil A socially outside school, ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and it is consistent with the rest of the evidence ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-before the panel. The panel finds this allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:6. He engaged in a sexual relationship with Pupil A; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation and it is consistent with the rest of the evidence ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-before the panel, including that of Pupil A. The panel finds this allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- 7 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-7. His conduct as set out at 1 and / or 2 and / or 3 and / or 4 and / or 5 a ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:and / or 5 b was sexually motivated; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:Mr Bath admits that his conduct as set out at 2, 3 and 5a was sexually motivated. The ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-panel finds these elements of the allegation proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:Mr Bath denies that his conduct as set out at 1, 4 or 5b was sexually motivated and the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-NCTL did not pursue these elements of the allegation during the hearing. The panel ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-finds these elements of the allegation not proven. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-8. He knew or ought to have known that his conduct as set out above ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-was an abuse of his position of trust. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Mr Bath admits the facts of this allegation. The panel also considers, on the basis of all of ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-the other facts that it has found proven, that Mr Bath knew or ought to have known that ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-his conduct was an abuse of his position of trust. The panel therefore finds this allegation ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-proven. -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Bath. The panel took further account of the guidance, which suggests that a prohibition ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-of such behaviours, those that are relevant in this case are: ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-  serious departure from the personal and professional conduct elements of the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- teachers’ standards; ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- rights of pupils; and ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- from the individual’s professional position. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Even though there were behaviours that would point to a prohibition order being ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-measure to impose, particularly taking into account the nature and severity of the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-behaviour in this case. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-There was no evidence that Mr Bath’s actions were not deliberate. Nor was there any ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-evidence to suggest that he was acting under duress. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- -- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-with immediate effect. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel went on to consider whether or not it would be appropriate for them to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-recommend that a review period of the order should be considered. The panel was ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-mindful that the guidance advises that a prohibition order applies for life, but there may ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-be less than two years. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:review period being recommended. One of these is serious sexual misconduct. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:The guidance gives the following example of serious sexual misconduct – “where the act ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:was sexually motivated and resulted in, or had the potential to result in, harm to a person ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-or persons, particularly where the individual has used their professional position to ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-influence or exploit a person or persons”. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:It is clear to the panel that Mr Bath is guilty of sexual misconduct and indeed the panel ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:has already found that some of Mr Bath’s conduct was sexually motivated. In terms of ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-harm, Pupil A, who is an adult (and was at the time), has given evidence that she has ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-suffered no harm as a result of the relationship with Mr Bath, indeed she is very positive ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-about her relationship with Mr Bath, which, at the time of the hearing, continues. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-The panel notes that Mr Bath was placed in a position of trust in respect of Pupil A, who ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-was a student at the School at which Mr Bath taught. The breach of this trust has been ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-of significant concern to the panel throughout this process. At this stage however, the ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-panel is tasked with considering whether Mr Bath has gone further that this, to abuse his ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-position to influence or exploit Pupil A. The panel has not been satisfied that Mr Bath has ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-taken this further step. The panel is mindful that Pupil A was not in any of Mr Bath’s ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-classes and there was no indication in the evidence that Mr Bath had pursued Pupil A or ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-attempted to use his professional position to influence or exploit Pupil A. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Against this background, the panel has considered where this case falls on the spectrum ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:between sexual misconduct and serious sexual misconduct – the distinction drawn in this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:part of the guidance. Clearly all sexual misconduct is a serious matter, but given that ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Pupil A was aged 18 or over throughout the alleged events and given the evidence from ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Pupil A to the effect that she has suffered no harm as a result of the relationship with Mr ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf-Bath, the panel concluded that Mr Bath’s conduct did not lie at the serious end of this ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:spectrum between sexual misconduct and serious sexual misconduct. The panel ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf:therefore concluded that Mr Bath has not been engaged in serious sexual misconduct. ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- 12 ./Bath__Jonathan_-_Web_Decision_26.03.2015.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Allegations ./Bauer_SoS_decision_-_FINAL.pdf-It was alleged that Ms Bauer was guilty of unacceptable professional conduct and/or ./Bauer_SoS_decision_-_FINAL.pdf-conduct that may bring the profession into disrepute in that, whilst employed as a teacher: ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- 1. She failed to maintain appropriate professional boundaries with a student, ./Bauer_SoS_decision_-_FINAL.pdf- evidenced by suggesting they arrange face-to-face meetings, making ./Bauer_SoS_decision_-_FINAL.pdf- inappropriate advances, and communicating with the student outside of school ./Bauer_SoS_decision_-_FINAL.pdf- without good reason on matters that did not relate to the school curriculum; ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- 2. She abused her position of trust by encouraging the student in activity which was ./Bauer_SoS_decision_-_FINAL.pdf: viewed to be sexual in nature. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf: 3. Her conduct at paragraph 1 was sexually motivated. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Admissions ./Bauer_SoS_decision_-_FINAL.pdf-Ms Bauer admitted the facts relating to allegations 1 and 2, ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- 3 ./Bauer_SoS_decision_-_FINAL.pdf- -- ./Bauer_SoS_decision_-_FINAL.pdf-witnesses, other than Ms Bauer, were called to give oral evidence at the hearing which the ./Bauer_SoS_decision_-_FINAL.pdf-Panel directed was held in private. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Findings of the Panel ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-After considering all the evidence before it, the Panel found that all allegations were proven. ./Bauer_SoS_decision_-_FINAL.pdf-The Panel then went on to make findings that Ms Bauer was guilty of unacceptable ./Bauer_SoS_decision_-_FINAL.pdf-professional conduct and conduct that may bring the profession into disrepute, namely that ./Bauer_SoS_decision_-_FINAL.pdf-Ms Bauer failed to maintain appropriate professional boundaries with a pupil at a secondary ./Bauer_SoS_decision_-_FINAL.pdf-school and abused her position of trust, which included engaging in inappropriate ./Bauer_SoS_decision_-_FINAL.pdf:communications with the pupil which the Panel concluded was sexually motivated. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-The Panel was of the view that prohibition was both proportionate and appropriate. The ./Bauer_SoS_decision_-_FINAL.pdf-Panel decided that the public interest considerations outweighed the interests of Ms Bauer. ./Bauer_SoS_decision_-_FINAL.pdf:The fact that Ms Bauer’s actions were sexually motivated was a significant factor in forming ./Bauer_SoS_decision_-_FINAL.pdf-that opinion. Accordingly, the panel made a recommendation to the Secretary of State that ./Bauer_SoS_decision_-_FINAL.pdf-a prohibition order should be imposed with immediate effect. The Panel further ./Bauer_SoS_decision_-_FINAL.pdf-recommended that Ms Bauer should be able to apply for a review of the prohibition order ./Bauer_SoS_decision_-_FINAL.pdf-after a period of 5 years. ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf- ./Bauer_SoS_decision_-_FINAL.pdf-Decision and reasons on behalf of the Secretary of State ./Bauer_SoS_decision_-_FINAL.pdf-The decision maker, on behalf of the Secretary of State considered the Panel’s ./Bauer_SoS_decision_-_FINAL.pdf-recommendation and concluded that a prohibition order is proportionate and in the public ./Bauer_SoS_decision_-_FINAL.pdf-interest. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Allegations ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel considered the allegations set out in the notice of meeting dated 1 November ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-2022. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-It was alleged that Mr Beesley was guilty of having been convicted of a relevant offence, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-in that: ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:1. On 17 July 2019, he was convicted of three counts of sexual assault on a girl ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- 13/14/15 woman 16 or over – no penetration, contrary to section 3 of the Sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- Offences Act 2003. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley admitted the facts of allegation 1, and that his behaviour amounted to a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-conviction of a relevant offence, as set out in the statement of agreed facts signed by Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Beesley on 8 February 2022. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Preliminary applications ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-There were no preliminary applications. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In advance of the meeting, the TRA agreed to a request from Mr Beesley for the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-in this case. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley commenced employment at Crosslee Primary School (‘the School’) as a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-teacher on 1 September 2003. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:On 11 April 2018, an incident took place where Mr Beesley was accused of sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-assault by a colleague. On 13 April 2018, Mr Beesley was arrested, cautioned and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-interviewed in relation to this incident. During the police interview, Mr Beesley denied the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-incident and stated that his colleague lied and had made up the allegations. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:On 17 July 2019, Mr Beesley was convicted of three counts of sexual assault on a girl ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-13/14/15/ woman 16 or over – no penetration, contrary to section 3 of the Sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Offences Act 2003 at Manchester Crown Court. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley was sentenced on 2 September 2019, at Manchester Crown Court, to 12 ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-months imprisonment to run concurrently on each offence. Further, Mr Beesley was ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-made subject to an indefinite Restraining Order, a Sex Offenders Certificate for life and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-ordered to pay £140 Victims Surcharge. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley’s employment at the School ended on 19 December 2019. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf: 1. On 17 July 2019, you were convicted of three counts of sexual assault on a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- girl 13/14/15 woman 16 or over – no penetration, contrary to section 3 of the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- Sexual Offences Act 2003. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel considered the statement of agreed facts, signed by Mr Beesley on 8 February ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-2022. In that statement of agreed facts, Mr Beesley admitted the particulars of the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-allegation. Further, it was admitted the facts of the allegation amounted to a conviction of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-a relevant offence. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-in this case. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel had been provided with a copy of the certificate of conviction from Manchester ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Crown Court, which detailed that Mr Beesley had been convicted of three counts of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:sexual assault on a girl 13/14/15/ woman 16 or over – no penetration. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In respect of the allegation, Mr Beesley was sentenced at Manchester Crown Court on 2 ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-September 2019 to 12 month’s imprisonment on each offence to run concurrently. In ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-addition, he was made subject to a Sex Offenders Certificate for life, a Restraining Order ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-for an indefinite period and was required to pay a victim surcharge of £140. It was ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-documented that Mr Beesley may also be placed on the Barring List by the Disclosure ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and Barring Service. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-of the allegation were proven. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-an impact on the safety or security of pupils and/or members of the public. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-panel considered that Mr Beesley’s behaviour in committing the offences could affect ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-on pupils, parents and others in the community. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel noted that Mr Beesley’s behaviour ultimately led to a sentence of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:This was a case involving offences of sexual activity, which the Advice states is more ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-likely to be considered a relevant offence. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel found that the seriousness of the offending behaviour that led to the conviction ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-was relevant to Mr Beesley’s ongoing suitability to teach. The panel considered that a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-finding that the convictions, for relevant offences, was necessary to reaffirm clear ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-standards of conduct so as to maintain public confidence in the teaching profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Accordingly, the panel was satisfied that Mr Beesley’s conviction amount to a conviction, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-at any time, of a relevant offence. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-apportioned, although they are likely to have punitive effect. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-safeguarding and wellbeing of pupils, teachers and the protection of other members of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the public; the maintenance of public confidence in the profession; declaring and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-upholding proper standards of conduct; and that prohibition strikes the right balance ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-between the rights of the teacher and the public interest, if they are in conflict. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In the light of the panel’s findings against Mr Beesley, which involved being convicted of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:three counts of sexual assault on a girl 13/14/15/ woman 16 or over – no penetration, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-there was a strong public interest consideration in respect of teachers, other members of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-school staff, members of the public and the protection of pupils. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-weakened if conduct such as that found against Mr Beesley were not treated with the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-utmost seriousness when regulating the conduct of the profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel decided that a strong public interest consideration in declaring proper ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Beesley was outside that which could reasonably be tolerated. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • abuse of position or trust; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- derived from the individual’s professional position; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • serious bullying, or other deliberate behaviour, that undermines the profession, the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- school or colleagues. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-proportionate. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:Beesley. The seriousness of the convictions, involving sexual assault, and the lack of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-insight and remorse for his actions were significant factors in forming that opinion. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Accordingly, the panel made a recommendation to the Secretary of State that a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order should be imposed with immediate effect. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-years. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-recommendation of a review period. The behaviour the panel found relevant to Mr ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:Beesley was serious sexual misconduct. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel was in no doubt that Mr Beesley’s misconduct was of the most serious kind ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and wholly incompatible with being a teacher. This was supported by Mr Beesley ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-receiving a prison sentence and being made subject to a Restraining Order for an ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-indefinite period and a Sex Offenders Certificate for life. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel decided that the findings indicated a situation in which a review period would ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-period. -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • Teachers must have proper and professional regard for the ethos, policies and ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- practices of the school in which they teach; ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- frameworks which set out their professional duties and responsibilities. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel also states that it, “considered Mr Beesley’s conduct to be extremely serious ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and completely incompatible with the standards and behaviour expected of any member ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-of the public, let alone a teacher who is placed in a position of trust.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-assault. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-confidence in the profession. The panel observe, “The panel also took account of the way ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the teaching profession is viewed by others. The panel considered that Mr Beesley’s ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-behaviour in committing the offences could affect public confidence in the teaching ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the community. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel noted that Mr Beesley’s behaviour ultimately led to a sentence of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-imprisonment, which was indicative of the seriousness of the offences committed.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:I am particularly mindful of the finding of sexual assault in this case and the impact that ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-such a finding has on the reputation of the profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have had to consider that the public has a high expectation of professional standards of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-citizen.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have considered whether the publication of a finding of unacceptable professional ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-teacher at the School for 16 years, to attest to his previous history or ability as a teacher. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Nor was any evidence submitted to demonstrate that Mr Beesley had achieved ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-exceptionally high standards in both his personal and professional conduct or had ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-contributed significantly to the education sector.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-A prohibition order would prevent Mr Beesley from teaching and would also clearly ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-In this case, I have placed considerable weight on the panel’s comments, “In the light of ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-the panel’s findings against Mr Beesley, which involved being convicted of three counts ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:of sexual assault on a girl 13/14/15/ woman 16 or over – no penetration, there was a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-strong public interest consideration in respect of teachers, other members of school staff, ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-members of the public and the protection of pupils.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-Mr Beesley has made to the profession. In my view, it is necessary to impose a ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- 12 -- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-confidence in the profession. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-recommended a that no provision should be made for a review period. ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-I have considered the panel’s comments, “The Advice indicates that there are behaviours ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-that, if proved, would militate against the recommendation of a review period. The ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf:behaviour the panel found relevant to Mr Beesley was serious sexual misconduct.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel was, “in no doubt that Mr Beesley’s misconduct was of the most serious kind ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-and wholly incompatible with being a teacher. This was supported by Mr Beesley ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-receiving a prison sentence and being made subject to a Restraining Order for an ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-indefinite period and a Sex Offenders Certificate for life.” ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf- ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-The panel, “decided that the findings indicated a situation in which a review period would ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Beesley_Andrew_SoS_Decision_Redacted_web_version.pdf-period.” ./Bell__Kathryn_12997_Web_decision.pdf-The panel announced its decision and reasons as follows: ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-The panel has carefully considered the case before us and has reached a decision. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Bell__Kathryn_12997_Web_decision.pdf-of the hearing. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-Ms Kathryn Bell was employed as headteacher of Great Smeaton School on 1 ./Bell__Kathryn_12997_Web_decision.pdf-September 2009. The School subsequently converted into an academy in 2011. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf:On 21 January 2012, Pupil A made a disclosure of being sexually abused by Adult B. A ./Bell__Kathryn_12997_Web_decision.pdf-child protection meeting of Redcar and Cleveland District Council was subsequently held ./Bell__Kathryn_12997_Web_decision.pdf-on 24 January 2012. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-On 29 March 2012, an evaluation meeting of North Yorkshire Safeguarding Children’s ./Bell__Kathryn_12997_Web_decision.pdf-Board was convened regarding safeguarding issues surrounding Ms Bell. A statement ./Bell__Kathryn_12997_Web_decision.pdf-from Ms Bell to Police followed on 19 April 2012. A follow up meeting took place on 8 ./Bell__Kathryn_12997_Web_decision.pdf-May 2012. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bell__Kathryn_12997_Web_decision.pdf-In July 2013, Ms Bell was signed off work by her doctor. ./Bell__Kathryn_12997_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- c. Engaged in inappropriate communication and interaction using social ./Bickford_Smith__Simon_13228_Web_decision.pdf- media; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- d. Made public images of an inappropriate nature, knowing that Pupil A had ./Bickford_Smith__Simon_13228_Web_decision.pdf- access to those images; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- e. Met up with Pupil A outside of college on one or more occasion; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- f. Kissed her on one occasion or more; ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: g. Engaged in sexual activity with her on one occasion or more. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: 2. In so doing one or more of 1a-g above, his conduct was sexually motivated. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 3. He failed to pass on important safeguarding information to the appropriate staff ./Bickford_Smith__Simon_13228_Web_decision.pdf- regarding Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-In the statement of agreed facts, Mr Bickford-Smith admits the particulars of allegation 3 ./Bickford_Smith__Simon_13228_Web_decision.pdf-and that this amounts to unacceptable professional conduct and/or conduct which may ./Bickford_Smith__Simon_13228_Web_decision.pdf-bring the profession into disrepute. However, Mr Bickford-Smith does not admit the ./Bickford_Smith__Simon_13228_Web_decision.pdf-particulars of allegations 1 and 2. As the factual particulars of the allegations as a whole ./Bickford_Smith__Simon_13228_Web_decision.pdf-have not been admitted this matter is proceeding as a disputed case. ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-office at the College with the blinds drawn. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Mr Bickford-Smith denied kissing Pupil A when questioned by the College in the ./Bickford_Smith__Simon_13228_Web_decision.pdf-investigation meeting on 15 January 2015. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Although Pupil A was visibly distressed whilst giving oral evidence, the panel found Pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-A’s evidence to be consistent and credible. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel found this allegation proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: g. Engaged in sexual activity with her on one occasion or more. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Pupil A stated in oral evidence that Mr Bickford-Smith invited her to his flat for coffee ./Bickford_Smith__Simon_13228_Web_decision.pdf-where he lived on his own. Pupil A also stated to the panel that she and Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf:Smith kissed on this occasion and also had sexual intercourse at his flat. The panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-noted from documentation, in the bundle, reflecting the safeguarding log on the College’s ./Bickford_Smith__Simon_13228_Web_decision.pdf:system, that the sexual intercourse was stated as having taken place in Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf:Smith’s car. The panel explored the discrepancy over the location of the sexual activity ./Bickford_Smith__Simon_13228_Web_decision.pdf-with both Pupil A and Witness A, who confirmed in oral evidence that it took place at Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf-Bickford-Smith’s flat. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 12 ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel noted from the record of his investigation meeting with the College that Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf:Bickford-Smith denied having sexual intercourse with Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer invited the panel to prefer the evidence of Pupil A and that, on the ./Bickford_Smith__Simon_13228_Web_decision.pdf-balance of probabilities, Pupil A’s evidence is supported by the hearsay evidence of Pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-C contained within a statement Pupil C made as part of the College’s investigation. Pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-C was Pupil A’s best friend at the time and in her oral evidence, Pupil A confirmed she ./Bickford_Smith__Simon_13228_Web_decision.pdf-confided in Pupil C from the outset. Pupil C was disapproving of the relationship between ./Bickford_Smith__Simon_13228_Web_decision.pdf-Pupil A and Mr Bickford-Smith. The panel considered that Pupil A’s account of events is ./Bickford_Smith__Simon_13228_Web_decision.pdf-corroborated by Pupil C. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-In addition, when questioned by the panel, Witness A confirmed that she found Pupil A to -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-distress of giving oral evidence if she had made things up. The panel did prefer the ./Bickford_Smith__Simon_13228_Web_decision.pdf-evidence of Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel found allegation 1g proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Having found the factual particulars of allegation 1a. to 1g. to be proven, the panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-consider that each of allegations 1a. to 1g. is evidence of Mr Bickford-Smith engaging in ./Bickford_Smith__Simon_13228_Web_decision.pdf-an inappropriate relationship with Pupil A whilst she was a pupil at the College. Therefore ./Bickford_Smith__Simon_13228_Web_decision.pdf-the panel found allegation 1 proven in its entirety. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf: 2. In so doing one or more of 1a-g above, your conduct was sexually ./Bickford_Smith__Simon_13228_Web_decision.pdf- motivated. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel was advised by the legal advisor that the first question the panel needs to ask ./Bickford_Smith__Simon_13228_Web_decision.pdf-itself is whether reasonable persons would think the facts found proven against Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf:Bickford-Smith could be sexual i.e. an objective test. If so, the panel would then need to ./Bickford_Smith__Simon_13228_Web_decision.pdf-go on to ask itself a second question: whether, in all the circumstances of the conduct in ./Bickford_Smith__Simon_13228_Web_decision.pdf:the case, Mr Bickford-Smith’s purpose towards Pupil A was sexual, i.e. the subjective ./Bickford_Smith__Simon_13228_Web_decision.pdf-test. ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer submitted to the panel that the panel is entitled to find in relation to ./Bickford_Smith__Simon_13228_Web_decision.pdf:any of the particulars 1a. to 1g. evidence of sexualised conduct and sexually motivated ./Bickford_Smith__Simon_13228_Web_decision.pdf-behaviour towards Pupil A. The presenting officer submitted that if the panel find there is ./Bickford_Smith__Simon_13228_Web_decision.pdf-evidence that Mr Bickford-Smith kissed Pupil A, had placed inappropriate naked images ./Bickford_Smith__Simon_13228_Web_decision.pdf:on his Tumblr account for Pupil A to see, and/or had sexual activity with Pupil A, then it is ./Bickford_Smith__Simon_13228_Web_decision.pdf:entitled to find his behaviour to be sexually motivated. ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel considered that a reasonable person would consider that Mr Bickford-Smith’s ./Bickford_Smith__Simon_13228_Web_decision.pdf:conduct towards Pupil A was sexually motivated. Kissing Pupil A passionately when in a ./Bickford_Smith__Simon_13228_Web_decision.pdf-country park, and in his office at the College (with the blinds drawn) was evidence of this. ./Bickford_Smith__Simon_13228_Web_decision.pdf:Pupil A’s oral evidence was that sexual intercourse took place at Mr Bickford-Smith’s flat ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 13 ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-when he invited her over for a coffee. Even though Mr Bickford-Smith denied such ./Bickford_Smith__Simon_13228_Web_decision.pdf-intercourse taking place, when questioned by the College in the investigation meeting, ./Bickford_Smith__Simon_13228_Web_decision.pdf-the panel preferred the evidence of Pupil A. The panel considered that, subjectively, the ./Bickford_Smith__Simon_13228_Web_decision.pdf:purpose of Mr Bickford-Smith’s conduct towards Pupil A was sexual. The panel therefore ./Bickford_Smith__Simon_13228_Web_decision.pdf-found both the objective and subjective test was met. ./Bickford_Smith__Simon_13228_Web_decision.pdf-This allegation is therefore found proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf- 3. You failed to pass on important safeguarding information to the appropriate ./Bickford_Smith__Simon_13228_Web_decision.pdf- staff regarding Pupil A. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Pupil A recalls uploading a photo of herself to her photo blog which indicated a health ./Bickford_Smith__Simon_13228_Web_decision.pdf-issue and she recalls that Mr Bickford-Smith emailed her about this as he was worried ./Bickford_Smith__Simon_13228_Web_decision.pdf-about her. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer submitted that the Statement of Agreed Facts reflects Mr Bickford- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Bickford_Smith__Simon_13228_Web_decision.pdf-In his conduct towards Pupil A, Mr Bickford-Smith transgressed the appropriate ./Bickford_Smith__Simon_13228_Web_decision.pdf-boundaries of a normal teacher/pupil relationship especially given Pupil A’s known ./Bickford_Smith__Simon_13228_Web_decision.pdf-vulnerability. In addition, in failing to refer Pupil A to a member of staff regarding ./Bickford_Smith__Simon_13228_Web_decision.pdf-safeguarding issues, Mr Bickford-Smith breached his greater responsibilities as a ./Bickford_Smith__Simon_13228_Web_decision.pdf-personal tutor, for which he had received additional safeguarding training. This is conduct ./Bickford_Smith__Simon_13228_Web_decision.pdf-that fell significantly short of the standards expected of the profession. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has also considered whether Mr Bickford-Smith’s conduct displayed ./Bickford_Smith__Simon_13228_Web_decision.pdf-behaviours associated with any of the offences listed on pages 8 and 9 of the Advice. ./Bickford_Smith__Simon_13228_Web_decision.pdf:The panel has found that the offence of sexual activity is relevant, albeit that Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Smith has not been convicted of any offence. The Advice indicates that where ./Bickford_Smith__Simon_13228_Web_decision.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./Bickford_Smith__Simon_13228_Web_decision.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel notes that a number of the allegations took place outside of the education ./Bickford_Smith__Simon_13228_Web_decision.pdf-setting, for example Mr Bickford-Smith meeting up with Pupil A outside of the school ./Bickford_Smith__Simon_13228_Web_decision.pdf-environment, communicating with Pupil A via social media and not through the College’s ./Bickford_Smith__Simon_13228_Web_decision.pdf:email address and undertaking sexual activity in his car and home. This conduct affects ./Bickford_Smith__Simon_13228_Web_decision.pdf-the way Mr Bickford-Smith fulfils his teaching and personal tutor role. The panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-considered that the serious breach of trust and duty of care towards a vulnerable pupil ./Bickford_Smith__Simon_13228_Web_decision.pdf-could additionally impact on other pupils and lead to them being exposed to or influenced ./Bickford_Smith__Simon_13228_Web_decision.pdf-by the behaviour in a harmful way. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Accordingly, the panel is satisfied that Mr Bickford-Smith is guilty of unacceptable ./Bickford_Smith__Simon_13228_Web_decision.pdf-professional conduct. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Bickford_Smith__Simon_13228_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./Bickford_Smith__Simon_13228_Web_decision.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./Bickford_Smith__Simon_13228_Web_decision.pdf-way they behave. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The findings of misconduct are serious and the conduct displayed would likely have a ./Bickford_Smith__Simon_13228_Web_decision.pdf-negative impact on Mr Bickford-Smith’s status as a teacher, potentially damaging the ./Bickford_Smith__Simon_13228_Web_decision.pdf-public perception. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Sharing naked images of male or female body parts with Pupil A and/or undertaking ./Bickford_Smith__Simon_13228_Web_decision.pdf:sexual activity with Pupil A whilst she was a pupil of the College, undoubtedly brought the ./Bickford_Smith__Simon_13228_Web_decision.pdf-profession into disrepute. The panel therefore finds that Mr Bickford-Smith’s actions ./Bickford_Smith__Simon_13228_Web_decision.pdf-constitute conduct that may bring the profession into disrepute. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Panel’s recommendation to the Secretary of State ./Bickford_Smith__Simon_13228_Web_decision.pdf-Given the panel’s findings in respect of unacceptable professional conduct and conduct ./Bickford_Smith__Simon_13228_Web_decision.pdf-that may bring the profession into disrepute, it is necessary for the panel to go on to ./Bickford_Smith__Simon_13228_Web_decision.pdf-consider whether it would be appropriate to recommend the imposition of a prohibition ./Bickford_Smith__Simon_13228_Web_decision.pdf-order by the Secretary of State. ./Bickford_Smith__Simon_13228_Web_decision.pdf- -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Bickford-Smith. The panel took further account of the Advice, which suggests that a ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition order may be appropriate if certain behaviours of a teacher have been proven. ./Bickford_Smith__Simon_13228_Web_decision.pdf-In the list of such behaviours, those that are relevant in this case are: ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Bickford_Smith__Simon_13228_Web_decision.pdf- Teachers’ Standards; ./Bickford_Smith__Simon_13228_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Bickford_Smith__Simon_13228_Web_decision.pdf- particularly where there is a continuing risk; ./Bickford_Smith__Simon_13228_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bickford_Smith__Simon_13228_Web_decision.pdf- rights of pupils; ./Bickford_Smith__Simon_13228_Web_decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Bickford_Smith__Simon_13228_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bickford_Smith__Simon_13228_Web_decision.pdf- from the individual’s professional position; ./Bickford_Smith__Simon_13228_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Bickford_Smith__Simon_13228_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Bickford_Smith__Simon_13228_Web_decision.pdf-factors to render a prohibition order being an inappropriate and disproportionate measure ./Bickford_Smith__Simon_13228_Web_decision.pdf-to impose, particularly taking into account the nature and severity of the behaviour in this ./Bickford_Smith__Simon_13228_Web_decision.pdf-case. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The presenting officer confirmed to the panel that there are no previous disciplinary ./Bickford_Smith__Simon_13228_Web_decision.pdf-orders of the National College or other professional bodies relating to Mr Bickford-Smith. ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has seen no evidence that indicates that Mr Bickford-Smith was previously -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-group”. He understands some of the pressures on young people particularly upon ./Bickford_Smith__Simon_13228_Web_decision.pdf-transition. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel is of the view that prohibition is both appropriate and proportionate. The panel ./Bickford_Smith__Simon_13228_Web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Bickford- ./Bickford_Smith__Simon_13228_Web_decision.pdf:Smith. Mr Bickford-Smith’s abuse of position of trust and sexually motivated behaviour ./Bickford_Smith__Simon_13228_Web_decision.pdf-towards Pupil A, a vulnerable pupil, was a significant factor in forming that opinion. ./Bickford_Smith__Simon_13228_Web_decision.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition order should be imposed with immediate effect. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Bickford_Smith__Simon_13228_Web_decision.pdf-to recommend that a review period of the order should be considered. The panel were ./Bickford_Smith__Simon_13228_Web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Bickford_Smith__Simon_13228_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Bickford_Smith__Simon_13228_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Bickford_Smith__Simon_13228_Web_decision.pdf-less than 2 years. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Bickford_Smith__Simon_13228_Web_decision.pdf:review period being recommended. One of these behaviours includes serious sexual ./Bickford_Smith__Simon_13228_Web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Bickford_Smith__Simon_13228_Web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bickford_Smith__Simon_13228_Web_decision.pdf-used their professional position to influence or exploit a person or persons. Pupil A was ./Bickford_Smith__Simon_13228_Web_decision.pdf-known to be vulnerable and the panel considered that Mr Bickford-Smith used his ./Bickford_Smith__Simon_13228_Web_decision.pdf-professional position as a personal tutor, to exploit Pupil A, and influenced her to engage ./Bickford_Smith__Simon_13228_Web_decision.pdf:in sexual activity. This was a serious breach of trust and all the more serious as it was ./Bickford_Smith__Simon_13228_Web_decision.pdf:clear to the panel that Mr Bickford-Smith’s sexually motivated conduct had had a ./Bickford_Smith__Simon_13228_Web_decision.pdf-profound and negative impact on Pupil A’s well-being. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-As there was little information within the bundle that could suggest that Mr Bickford-Smith ./Bickford_Smith__Simon_13228_Web_decision.pdf-had developed any insight into his actions, the panel considered its findings indicated a ./Bickford_Smith__Simon_13228_Web_decision.pdf-situation in which a review period would not be appropriate. As such the panel decided ./Bickford_Smith__Simon_13228_Web_decision.pdf-that it would be proportionate in all the circumstances for the prohibition order to be ./Bickford_Smith__Simon_13228_Web_decision.pdf-recommended without provision for a review period. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State -- ./Bickford_Smith__Simon_13228_Web_decision.pdf-factors, taking into account the nature and severity of this case. I note that the panel did ./Bickford_Smith__Simon_13228_Web_decision.pdf-not consider Mr Bickford-Smith was acting under any duress, and found his actions to be ./Bickford_Smith__Simon_13228_Web_decision.pdf-deliberate. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-The panel has decided that the public interest considerations outweigh the interest of Mr ./Bickford_Smith__Simon_13228_Web_decision.pdf-Bickford-Smith. I agree with that view. The panel has made a recommendation that a ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition order should be imposed with immediate effect. I agree with the panel that ./Bickford_Smith__Simon_13228_Web_decision.pdf-prohibition is both proportionate and appropriate. ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf-I now turn to the matter of a review period. I agree with the panel that this was a serious ./Bickford_Smith__Simon_13228_Web_decision.pdf:breach of trust and all the more serious as it was clear that Mr Bickford-Smith’s sexually ./Bickford_Smith__Simon_13228_Web_decision.pdf-motivated conduct had had a profound and negative effect on Pupil A’s well-being. I note ./Bickford_Smith__Simon_13228_Web_decision.pdf-that the panel found little information that Mr Bickford-Smith had developed any insight ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Bickford_Smith__Simon_13228_Web_decision.pdf- 19 ./Bickford_Smith__Simon_13228_Web_decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- d. visually inspected his penis/genitals; ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- 3. His actions set out at paragraphs 1 and/or 2 above were: ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- a. unacceptable, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- b. inappropriate, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- c. a breach of your position of trust, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf: d. sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- 4 ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has now carefully considered the case before it and has reached a decision. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel confirm that it has read all the documents provided in the bundle in advance of ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the hearing. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch had been employed as a Mathematics and sport teacher at the School since ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-1971. He was a high level table tennis coach and was heavily involved in table tennis ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-leagues held at the School’s premises. Mr Birch resigned as head of Mathematics in ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-2010 and was re-employed as a part-time Examination Officer. Mr Birch also ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-subsequently became a volunteer table tennis coach. Following, a report to the police in ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:2013, that a pupil of the School had overheard a relative speaking about sexual abuse by ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch, Mr Birch was suspended by the School and table tennis association pending ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-investigation. Mr Birch resigned from his Examination Officer position in November 2013. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Findings of Fact ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Our findings of fact are as follows: ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-these reasons: ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A stated in his oral evidence and in his written statement that on a Saturday ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-afternoon when he was around 11/12 years old he attended a table tennis practice ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-session in the School gym with another 10-15 boys being coached by Mr Birch. Towards ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the end of the coaching session Pupil A indicated that Mr Birch asked him to go into the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Master’s dressing room which was located down a short corridor away from the gym. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-This was a master’s changing room which was separate to a changing room for the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:pupils, who at that time, were all boys as it was a single sex school. Pupil A indicated ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-that pupils were not usually allowed to enter the Master’s dressing room. The dressing ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-room itself had no windows. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch closed the door when Pupil A entered and Mr Birch stated that he considered ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-that Pupil A had self-confidence issues. Pupil A confirmed he was only 11 or 12 years ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-old so he did exactly as he was told as the request was made by a teacher. Pupil A did ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-not recall any fear or trepidation at being called into the room, even though it had not ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-happened before. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel noted that Mr Birch admits that he did call Pupil A into the staff dressing room -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- e. looked at Pupil A’s penis, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A did not indicate in his written or oral evidence that Mr Birch looked at his penis ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-whilst he was in the Master’s dressing room. However, Mr Birch indicated in the Agency ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:Reporting form included in the bundle that he got no sexual gratification from looking at ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A’s penis. Therefore it is implicit that Mr Birch accepts he did look at Pupil A’s ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-penis. Also the panel inferred from Pupil A’s written evidence, that as Mr Birch stated ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-that he would start to grow pubic hair that it is more likely than not that this allegation is ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-proven. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- f. told him ‘that his balls would drop’ or words to that effect, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A stated in his oral evidence that Mr Birch stated that “his balls would drop”. Pupil ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-A was an 11 year old in the 1970s, and he considered that it was bizarre to have such a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-discussion with a teacher. Pupil A did not know what this meant at the time. -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- c. a breach of your position of trust, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Any member of staff is in a position of trust. The panel found that Mr Birch’s conduct did ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-breach his position of trust as both Pupil A and B followed his instruction as a teacher ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-and undressed in front of him. It is clear from Pupil A’s written statement and the record ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-of the telephone conversation with Pupil B that Mr Birch’s request for them to pull back ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-their foreskin made them both uncomfortable. Pupil A was concerned that Mr Birch might ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-touch him inappropriately. The panel found this allegation proven. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf: d. sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A indicated in his evidence that he did not think Mr Birch’s motivation for calling him ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-into the Master’s dressing room or speaking to him in the way he did was for a medical or ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:hygiene reason but because Mr Birch got some sort of sexual benefit from looking at ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-naked young boys. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Mr Birch indicated in the Agency Form that he used to hear a group of “4 lads ripping ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-each other about their bodies” and he was only giving advice to Pupil A about his ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-changing body. Even though he denies this allegation, it was unclear to the panel why ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-he would need to inspect two pupils’ penises in person or why he called Pupil A to a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-discrete room which was usually not accessed by pupils and that had no windows. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A considers that if he had not left the room, Mr Birch would have touched him ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-inappropriately. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Pupil A also stated in his written evidence that Mr Birch got a “cheap thrill” from watching ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-boys run naked through the showers at School. Even though Mr Birch denies that he got ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:any sexual gratification from looking at Pupil A and B’s penises, upon being talked to by ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the head teacher at the time, he realised his actions were “stupid” and that he had never ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-done anything like that since. The statement of agreed facts reflects Mr Birch’s denial of ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:this allegation. The panel found sexual motivation was the most likely reason for Mr ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Birch’s behaviour towards Pupil A and B as set out in allegations 1 and 2. On the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-balance of probabilities, this allegation is therefore proven. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-conduct that may bring the profession into disrepute ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-In considering the allegations that the panel has found proven, the panel has had regard ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-to the definitions in The Teacher Misconduct – Prohibition of Teachers Advice, which we ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-refer to as the ‘guidance’. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Birch in relation to the facts found proven, -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The Presenting Officer submitted that the protection of pupils was as basic to the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-teaching profession in the 1970s as it is now. Even though some of the teaching ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-practices at that time would be regarded by modern standards as inappropriate, Mr ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Birch’s conduct was a threat to the well-being of Pupil A or Pupil B. The fact that the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-parents of Pupil A were appalled by Mr Birch’s conduct and complained to the school is ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-evidence of just how unacceptably Mr Birch’s conduct was viewed at the time. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has also considered whether Mr Birch’s conduct displayed behaviours ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-associated with any of the offences listed on page 8 and 9 of the guidance and the panel ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:has found that sexual activity is relevant. The guidance indicates that where behaviours ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-associated with such an offence exist, a panel is likely to conclude that an individual’s ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-conduct would amount to unacceptable professional conduct. Accordingly, the panel is ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-satisfied that Mr Birch is guilty of unacceptable professional conduct. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-community. The panel has taken account of the uniquely influential role that teachers ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-can hold in pupils’ lives and that pupils must be able to view teachers as role models in ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the way they behave. Mr Birch’s conduct was highly inappropriate and Mr Birch ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-acknowledged in an interview with the School that the former headmaster had given him -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-they are likely to have punitive effect. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-guidance and having done so has found a number of them to be relevant in this case, ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-In light of the panel’s findings against Mr Birch, which involved unacceptable and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-inappropriate behaviour towards Pupil A and Pupil B in asking them to remove their ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-underclothes and inspecting their penises, there is a strong public interest consideration ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:in respect of the protection of pupils given the serious findings of sexually motivated ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-behaviour towards both Pupil A and Pupil B. The presenting officer submitted that Mr ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Birch would present a continuing risk to pupils in light of Pupil A’s evidence that he would ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-not be comfortable with either of his children being alone in Mr Birch’s presence. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Birch were not treated with the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- particularly where there is a continuing risk ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- rights of pupils ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- from the individual’s professional position; ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel found that Mr Birch had committed a serious abuse of his position of trust and ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-violated the rights and dignity of Pupil A and B by asking them to remove their clothing so ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:that he could inspect their penises. Such conduct, in the panel’s view, was sexually ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-motivated and represented serious misconduct that affected the well-being of both Pupil ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-A and B. This in the panel’s view also amounted to a serious departure from the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-personal and professional conduct elements of the teachers’ standards. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-mitigating factors to militate against this being an appropriate and proportionate measure ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-to impose, particularly taking into account the nature and severity of the behaviour in this ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-case. There was no evidence that Mr Birch’s actions were anything other than ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-deliberate. -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-disciplinary proceedings or warnings, other than the stern talking to he received from the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-former headmaster (which Mr Birch referred to, in his interview with the School on 30 ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-October 2013). ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel also took into account the reference in the minutes of the third joint evaluation ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-meeting which took place on 11 September 2013 to Mr Birch’s distress and health ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-concerns following investigation of the allegations referred to above. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-Having taken all of the above into account, the panel is of the view that prohibition is both ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-proportionate and appropriate. The panel has decided that the public interest ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:considerations outweigh the interests of Mr Birch. The sexual motivation of Mr Birch’s ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-behaviour was the critical factor in forming that opinion. Accordingly, the panel makes a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-immediate effect. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- 16 ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-mindful that the guidance advises that a prohibition order applies for life, but there may ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-be circumstances in any given case that may make it appropriate to allow a teacher to ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-apply to have the prohibition order reviewed after a specified period of time that may not ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-be less than two years. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The guidance indicates that there are behaviours that, if proven, would militate against a ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:review period being recommended. One of these behaviours includes serious sexual ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:has found that Mr Birch’s behaviour towards Pupil A and Pupil B was sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:This in the panel’s view was serious misconduct of a sexual nature which not only had ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-the potential but did in fact result in harm to both Pupil A and Pupil B. Mr Birch used his ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-position of trust as a teacher to influence Pupil A and B to remove their clothing in front of ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-him. Neither pupil should have been placed in such an inappropriate and vulnerable ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-position. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-The documents in the bundle indicate that Mr Birch regretted his actions at the time the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-former headmaster spoke to him about his conduct in 1975. However, whatever the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-ethos of the School at the time of the incidents upon which the allegations are based, the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-panel considered that Mr Birch shows no current insight in relation to the severity of his ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-actions, because he considered his conduct would only be of concern if it became public -- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- having regard for the need to safeguard pupils’ well-being, in accordance ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- with statutory provisions; ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf:The panel has gone on to find that the proven behaviours are sexually motivated. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-This is a serious case involving an abuse of the trust that pupils should expect from their ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-teachers. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-I have considered the guidance published by the Secretary of State and have also taken ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-into account the need to be proportionate. I have also considered the balance of the ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-public interest against the interest of Mr Birch. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf-I support the recommendation of the panel in respect of both sanction and review period. ./Birch__Paul_-_10_March_2015_-7101413_-_Web_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-B. Allegations ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 7 June ./Black__Sarah__14411_-_WEB_Decision.pdf-2016. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-It was alleged that Miss Sarah Black was guilty of unacceptable professional conduct ./Black__Sarah__14411_-_WEB_Decision.pdf-and/or conduct that may bring the profession into disrepute in that whilst employed at ./Black__Sarah__14411_-_WEB_Decision.pdf:Southway Primary School in West Sussex she: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 1. Provided false and or misleading information about her personal circumstances, in ./Black__Sarah__14411_-_WEB_Decision.pdf- particular that: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- a. she had been assaulted by her father in or around June 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- b. her mother had been attacked by her father in or around June 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- c. her mother had died as a result of (1)(b) above in or around July 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- j. police were assisting her by: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- i. staking out her home ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- ii. monitoring her phone ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- iii. installing a panic button at her home ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- k. her father was convicted of manslaughter in or around November 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf: l. she was the victim of an attempted kidnapping and/or sexual assault after a ./Black__Sarah__14411_-_WEB_Decision.pdf- Christmas party in December 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 2. She accepted approximately 32 days compassionate leave which was offered to ./Black__Sarah__14411_-_WEB_Decision.pdf- her as a result of false information she provided to the school; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 4 ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-  the Initial Evaluation Meeting; and ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-  the School Investigation Report. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel notes that the police have found no record of the assault / murder / ./Black__Sarah__14411_-_WEB_Decision.pdf-manslaughter of Miss Black’s mother (pages 106, 118). ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-On the balance of probabilities, the panel found this allegation proven. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf: l. you were the victim of an attempted kidnapping and/or sexual assault ./Black__Sarah__14411_-_WEB_Decision.pdf- after a Christmas party in December 2014; ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel has seen the following documents, which, in addition to Witness A’s oral ./Black__Sarah__14411_-_WEB_Decision.pdf-evidence, support the above allegation: ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 12 ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- Teachers’ Standards; ./Black__Sarah__14411_-_WEB_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Black__Sarah__14411_-_WEB_Decision.pdf- particularly where there is a continuing risk; ./Black__Sarah__14411_-_WEB_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Black__Sarah__14411_-_WEB_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Black__Sarah__14411_-_WEB_Decision.pdf- rights of pupils; ./Black__Sarah__14411_-_WEB_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Black__Sarah__14411_-_WEB_Decision.pdf- been repeated and/or covered up; ./Black__Sarah__14411_-_WEB_Decision.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./Black__Sarah__14411_-_WEB_Decision.pdf- colleagues; and ./Black__Sarah__14411_-_WEB_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Black__Sarah__14411_-_WEB_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Black__Sarah__14411_-_WEB_Decision.pdf- from the individual’s professional position. ./Black__Sarah__14411_-_WEB_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Black__Sarah__14411_-_WEB_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Black__Sarah__14411_-_WEB_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Black__Sarah__14411_-_WEB_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Black__Sarah__14411_-_WEB_Decision.pdf-behaviour in this case. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel noted that, although no mitigation evidence was offered by Miss Black, she ./Black__Sarah__14411_-_WEB_Decision.pdf-does appear to have had a previously good record at the school until these events, as ./Black__Sarah__14411_-_WEB_Decision.pdf-explained by Witness A in her oral evidence. Witness A also explained how Miss Black -- ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Black__Sarah__14411_-_WEB_Decision.pdf-recommend that a review period of the order should be considered. The panel was ./Black__Sarah__14411_-_WEB_Decision.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Black__Sarah__14411_-_WEB_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Black__Sarah__14411_-_WEB_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Black__Sarah__14411_-_WEB_Decision.pdf-less than 2 years. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Black__Sarah__14411_-_WEB_Decision.pdf-review period being recommended. These behaviours include fraud and/or serious ./Black__Sarah__14411_-_WEB_Decision.pdf:dishonesty, violence and serious sexual misconduct. In relation to fraud, the panel found ./Black__Sarah__14411_-_WEB_Decision.pdf-that Miss Black’s actions in obtaining paid compassionate leave as a result of false ./Black__Sarah__14411_-_WEB_Decision.pdf-representations is analogous to fraud. The panel found that Miss Black was violent ./Black__Sarah__14411_-_WEB_Decision.pdf-towards Parent A. The panel has found that Miss Black has been responsible for serious ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- 22 ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf-dishonesty in the elaborate lies that she told to the school and Parent A. The panel also ./Black__Sarah__14411_-_WEB_Decision.pdf:noted that there had been sexual misconduct in Miss Black’s unsolicited sexual advances ./Black__Sarah__14411_-_WEB_Decision.pdf-towards Parent A. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-Miss Black has refused to engage with the process and, so far as the panel is aware, has ./Black__Sarah__14411_-_WEB_Decision.pdf-shown no remorse or insight into her actions. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Black__Sarah__14411_-_WEB_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Black__Sarah__14411_-_WEB_Decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf- -- ./Black__Sarah__14411_-_WEB_Decision.pdf- Teachers’ Standards; ./Black__Sarah__14411_-_WEB_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Black__Sarah__14411_-_WEB_Decision.pdf- particularly where there is a continuing risk; ./Black__Sarah__14411_-_WEB_Decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Black__Sarah__14411_-_WEB_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Black__Sarah__14411_-_WEB_Decision.pdf- rights of pupils; ./Black__Sarah__14411_-_WEB_Decision.pdf-  dishonesty especially where there have been serious consequences, and/or it has ./Black__Sarah__14411_-_WEB_Decision.pdf- been repeated and/or covered up; ./Black__Sarah__14411_-_WEB_Decision.pdf-  deliberate behaviour that undermines pupils, the profession, the school or ./Black__Sarah__14411_-_WEB_Decision.pdf- colleagues; and ./Black__Sarah__14411_-_WEB_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Black__Sarah__14411_-_WEB_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Black__Sarah__14411_-_WEB_Decision.pdf- from the individual’s professional position. ./Black__Sarah__14411_-_WEB_Decision.pdf-In balancing all of these issues I support the recommendation of the panel that a ./Black__Sarah__14411_-_WEB_Decision.pdf-prohibition order is necessary and proportionate. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-I have also gone on to consider the issue of a review period and I have taken the advice ./Black__Sarah__14411_-_WEB_Decision.pdf-of the panel into account. Miss Black has not engaged in this process and appears not to ./Black__Sarah__14411_-_WEB_Decision.pdf-have engaged with the school’s procedures. ./Black__Sarah__14411_-_WEB_Decision.pdf- ./Black__Sarah__14411_-_WEB_Decision.pdf-I have noted that Miss Black appeared to be of previous good character. However, there ./Black__Sarah__14411_-_WEB_Decision.pdf-is no evidence of remorse and no evidence of insight. ./Bolt_-_Web_Decision.pdf-Teacher: Ms Laura Bolt ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Teacher ref number: 9450210 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Teacher date of birth: 22 February 1973 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-TRA reference: 15879 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Date of determination: 3 April 2018 ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:Former employer: King Edmund School, Essex ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-A. Introduction ./Bolt_-_Web_Decision.pdf-A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“TRA”) ./Bolt_-_Web_Decision.pdf-convened on 3 April 2018 at 53 to 55 Butts Road, Earlsdon Park, Coventry CV1 3BH to ./Bolt_-_Web_Decision.pdf-consider the case of Ms Laura Bolt. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-The panel members were Mrs Alison Walsh (teacher panellist – in the chair), Mr Michael ./Bolt_-_Web_Decision.pdf-Lewis (teacher panellist) and Ms Karen McArthur (lay panellist). ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-reasons: ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-You were convicted in the Chelmsford Magistrates Court on 10 February 2017 of ./Bolt_-_Web_Decision.pdf-the following offences: ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 1. Destroying and/or damaging property (value under £5,000) on 15 December ./Bolt_-_Web_Decision.pdf- 2016, contrary to s1(1) and s4 Criminal Damage Act 1971, for which you were ./Bolt_-_Web_Decision.pdf- sentenced to a conditional discharge of 12 months, and ordered to pay ./Bolt_-_Web_Decision.pdf- compensation of £700, victim surcharge of £20, and costs of £40; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The panel had regard to the memorandum of entry in the register of the North Essex ./Bolt_-_Web_Decision.pdf-Magistrates Court dated 10 February 2017 which related to Chelmsford Magistrates ./Bolt_-_Web_Decision.pdf-Court. This stated that on 15 December 2016, without lawful excuse Ms Bolt damaged a ./Bolt_-_Web_Decision.pdf-frame and magnetic security system to the value of £700, intending to destroy or damage ./Bolt_-_Web_Decision.pdf-such property or being reckless as to whether such property would be destroyed or ./Bolt_-_Web_Decision.pdf-damaged. Such action was contrary to sections 1(1) and 4 of the Criminal Damage Act ./Bolt_-_Web_Decision.pdf-1971. Ms Bolt was discharged conditionally for 12 months, and was ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £700, a surcharge to fund victim services of £20 and to pay £40 ./Bolt_-_Web_Decision.pdf-prosecution costs. This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 2. Common assault on 15 December 2016, contrary to s39. Criminal Justice Act ./Bolt_-_Web_Decision.pdf- 1988, for which you were given a conditional discharge of 12 months; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court, in the ./Bolt_-_Web_Decision.pdf-bundle, dated 10 February 2017, further stated that on 15 December 2016, Ms Bolt was ./Bolt_-_Web_Decision.pdf-sentenced at the Chelmsford Magistrates Court for assault contrary to section 39 of the ./Bolt_-_Web_Decision.pdf-Criminal Justice Act 1998. Ms Bolt was discharged conditionally for a period of 12 ./Bolt_-_Web_Decision.pdf-months. This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 8 ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf- 3. Assault on a Constable on 9 February 2017 contrary to s.89(1) Police Act ./Bolt_-_Web_Decision.pdf- 1996, for which you were given a conditional discharge of 12 months; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court, in the ./Bolt_-_Web_Decision.pdf-panel’s bundle, stated that on 9 February 2017, at Chelmsford Magistrates Court, Ms Bolt ./Bolt_-_Web_Decision.pdf-was conditionally discharged for 12 months as a result of being convicted of assault on a ./Bolt_-_Web_Decision.pdf-constable contrary to section 89(1) of the Police Act 1996. This allegation was therefore ./Bolt_-_Web_Decision.pdf-found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-You were convicted in the Colchester Magistrates Court on 26 May 2017 of the ./Bolt_-_Web_Decision.pdf-following offences: ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 4. Destroying and/or damaging property on 1 April 2017, contrary to s1(1) ./Bolt_-_Web_Decision.pdf- Criminal Damage Act 1971, for which you were sentenced to imprisonment ./Bolt_-_Web_Decision.pdf- of 6 weeks, suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement, ordered to pay compensation of £100; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The panel had regard to the memorandum of entry in the register of the North Essex ./Bolt_-_Web_Decision.pdf-Magistrates Court dated 26 May 2017 which stated that on 01 April 2017, without lawful ./Bolt_-_Web_Decision.pdf-excuse Ms Bolt damaged a window intending to destroy or damage such property or ./Bolt_-_Web_Decision.pdf-being reckless as to whether such property would be destroyed or damaged. Such action ./Bolt_-_Web_Decision.pdf-was contrary to section 1(1) of the Criminal Damage Act 1971. Ms Bolt was sentenced to ./Bolt_-_Web_Decision.pdf-imprisonment for 6 weeks concurrent, suspended for 12 months. The reasons for this ./Bolt_-_Web_Decision.pdf-sentence, marked in the memorandum of entry, were assaults “on public servants ./Bolt_-_Web_Decision.pdf-carrying out their duties where the nature of assaults included biting, spitting and kicking ./Bolt_-_Web_Decision.pdf-with numerous injuries sustained.” Ms Bolt was convicted in the Colchester Magistrates ./Bolt_-_Web_Decision.pdf-Court, ordered to comply with a rehabilitation activity requirement, and was ordered to ./Bolt_-_Web_Decision.pdf-pay compensation of £100. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 5. Battery on 19 May 2017, contrary to s39. Criminal Justice Act 1988, for which ./Bolt_-_Web_Decision.pdf- you were sentenced to imprisonment for 10 weeks consecutive, wholly ./Bolt_-_Web_Decision.pdf- suspended for 12 months, issued with a rehabilitation activity requirement, ./Bolt_-_Web_Decision.pdf- ordered to pay £75 in compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court dated 26 ./Bolt_-_Web_Decision.pdf-May 2017 stated that on 19 May 2017, Ms Bolt assaulted a public servant contrary to ./Bolt_-_Web_Decision.pdf-section 39 of the Criminal Justice Act 1988. Ms Bolt was sentenced to imprisonment for ./Bolt_-_Web_Decision.pdf-10 weeks consecutively which was suspended for 12 months. The reasons for this ./Bolt_-_Web_Decision.pdf-sentence, marked in the memorandum of entry, were assaults “on public servants ./Bolt_-_Web_Decision.pdf-carrying out their duties where the nature of assaults included biting, spitting and kicking ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 9 ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-comply with a rehabilitation activity requirement, and was ordered to pay compensation ./Bolt_-_Web_Decision.pdf-of £75. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 6. Battery on 1 April 2017, contrary to s39. Criminal Justice Act 1988, for which ./Bolt_-_Web_Decision.pdf- you were sentenced to imprisonment for 6 weeks, wholly suspended for 12 ./Bolt_-_Web_Decision.pdf- months, issued with a rehabilitation activity requirement, and ordered to pay ./Bolt_-_Web_Decision.pdf- compensation of £100 and victim surcharge of £115; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court, which ./Bolt_-_Web_Decision.pdf-related to the Colchester Magistrates Court dated 26 May 2017 stated that on 01 April ./Bolt_-_Web_Decision.pdf-2017, Ms Bolt assaulted a public servant contrary to section 39 of the Criminal Justice ./Bolt_-_Web_Decision.pdf-Act 1988. Ms Bolt was sentenced to imprisonment for 6 weeks which was suspended for ./Bolt_-_Web_Decision.pdf-12 months. The reasons for this sentence, marked in the memorandum of entry, were ./Bolt_-_Web_Decision.pdf-assaults “on public servants carrying out their duties where the nature of assaults ./Bolt_-_Web_Decision.pdf-included biting, spitting and kicking with numerous injuries sustained.” Ms Bolt was ./Bolt_-_Web_Decision.pdf-ordered to comply with a rehabilitation activity requirement, and was ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £100 and a surcharge to fund victim services of £115. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 7. Use of threatening abusive insulting words/behaviour or disorderly ./Bolt_-_Web_Decision.pdf- behaviour to cause harassment/alarm on 18 May 2017, contrary to the ./Bolt_-_Web_Decision.pdf- s.4A(1) and (5) Public Order Act 1986 for which you were sentenced to ./Bolt_-_Web_Decision.pdf- imprisonment for 4 weeks consecutive, wholly suspended for 12 months, ./Bolt_-_Web_Decision.pdf- issued with a rehabilitation activity requirement and ordered to pay £100 in ./Bolt_-_Web_Decision.pdf- compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:Also included in the memorandum of entry in the register of the North Essex Magistrates ./Bolt_-_Web_Decision.pdf-Court dated 26 May 2017 was an entry which stated that on 18 May 2017 Ms Bolt ./Bolt_-_Web_Decision.pdf-received a sentence for an offence of intending to cause harassment, alarm or distress, ./Bolt_-_Web_Decision.pdf-used threatening, abusive or insulting words or behaviour or disorderly behaviour, ./Bolt_-_Web_Decision.pdf-thereby causing that person or another harassment, alarm or distress contrary to section ./Bolt_-_Web_Decision.pdf-4A(1) and (5) of the Public Order Act 1986. For this offence, Ms Bolt was sentenced to ./Bolt_-_Web_Decision.pdf-imprisonment for 4 weeks consecutive, which was wholly suspended for 12 months. Ms ./Bolt_-_Web_Decision.pdf-Bolt was ordered to comply with a rehabilitation activity requirement and ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £100. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 8. Assault on a Constable on 1 April 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 6 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement and ordered to pay £75 in compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-Included in the bundle was a further reference in the memorandum of entry in the register ./Bolt_-_Web_Decision.pdf:of the North Essex Magistrates Court dated 26 May 2017 which stated that on 1 April ./Bolt_-_Web_Decision.pdf-2017 Ms Bolt was convicted of assault on a constable in the execution of their duty ./Bolt_-_Web_Decision.pdf-contrary to section 89(1) of the Police Act 1996. Ms Bolt was sentenced to imprisonment ./Bolt_-_Web_Decision.pdf-for 6 weeks concurrent which was wholly suspended for 12 months. The reasons for ./Bolt_-_Web_Decision.pdf-custody were stated as assaults “on public servants carrying out their duties where the ./Bolt_-_Web_Decision.pdf-nature of assaults included biting, spitting and kicking with numerous injuries sustained.” ./Bolt_-_Web_Decision.pdf-Ms Bolt was ordered to comply with a rehabilitation activity requirement, and was ordered ./Bolt_-_Web_Decision.pdf-to pay compensation of £75. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 9. Assault on a Constable on 1 April 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 6 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement and ordered to pay £75 in compensation; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-The panel had further regard to the memorandum of entry in the register of the North ./Bolt_-_Web_Decision.pdf:Essex Magistrates Court dated 26 May 2017 which stated on 1 April 2017, Ms Bolt ./Bolt_-_Web_Decision.pdf-assaulted a second constable in the execution of her duty contrary to section 89(1) of the ./Bolt_-_Web_Decision.pdf-Police Act 1996. As a result, Ms Bolt was sentenced to imprisonment for 6 weeks ./Bolt_-_Web_Decision.pdf-concurrent which was suspended for 12 months. The reasons for this sentence, marked ./Bolt_-_Web_Decision.pdf-in the memorandum of entry, were assaults “on public servants carrying out their duties ./Bolt_-_Web_Decision.pdf-where the nature of assaults included biting, spitting and kicking with numerous injuries ./Bolt_-_Web_Decision.pdf-sustained.” Ms Bolt was ordered to comply with a rehabilitation activity requirement, and ./Bolt_-_Web_Decision.pdf-was ordered to pay compensation of £75. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 10. Assault on a Constable on 19 May 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 10 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement and ordered to pay compensation of £250; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court dated 26 ./Bolt_-_Web_Decision.pdf-May 2017 stated that on 19 May 2017, Ms Bolt assaulted a police constable in the ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 11 ./Bolt_-_Web_Decision.pdf- -- ./Bolt_-_Web_Decision.pdf-ordered to comply with a rehabilitation activity requirement, and was ordered to pay ./Bolt_-_Web_Decision.pdf-compensation of £250. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 11. Assault on a Constable on 19 May 2017 contrary to s.89(1) Police Act 1996, ./Bolt_-_Web_Decision.pdf- for which you were sentenced to imprisonment for 10 weeks concurrent, ./Bolt_-_Web_Decision.pdf- wholly suspended for 12 months, issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement, and ordered to pay compensation of £100; ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf:The memorandum of entry in the register of the North Essex Magistrates Court dated 26 ./Bolt_-_Web_Decision.pdf-May 2017 further stated that on 19 May 2017, Ms Bolt received a further sentence for ./Bolt_-_Web_Decision.pdf-assault of a police constable in the execution of her duty contrary to section 89(1) of the ./Bolt_-_Web_Decision.pdf-Police Act 1996. Ms Bolt was sentenced to imprisonment for 10 weeks concurrently ./Bolt_-_Web_Decision.pdf-which was suspended for 12 months. The reasons for this sentence, marked in the ./Bolt_-_Web_Decision.pdf-memorandum of entry, were assaults “on public servants carrying out their duties where ./Bolt_-_Web_Decision.pdf-the nature of assaults included biting, spitting and kicking with numerous injuries ./Bolt_-_Web_Decision.pdf-sustained.” Ms Bolt was ordered to comply with a rehabilitation activity requirement, and ./Bolt_-_Web_Decision.pdf-was ordered to pay compensation of £100. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- 12. Breach of 3 conditional discharges imposed on 10 February 2017, for which ./Bolt_-_Web_Decision.pdf- you were sentenced to imprisonment for 4 weeks consecutive, wholly ./Bolt_-_Web_Decision.pdf- suspended for 12 months and issued with a rehabilitation activity ./Bolt_-_Web_Decision.pdf- requirement. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf-The panel also took into account a further entry contained in the memorandum of entry in ./Bolt_-_Web_Decision.pdf:the register of the North Essex Magistrates Court dated 26 May 2017. This stated that Ms ./Bolt_-_Web_Decision.pdf-Bolt committed a further offence whilst subject to a conditional discharge for a period of ./Bolt_-_Web_Decision.pdf-12 months imposed on 10 February 2017 for the three offences of criminal damage, ./Bolt_-_Web_Decision.pdf-common assault and assaulting a police constable. Ms Bolt was sentenced to 4 weeks ./Bolt_-_Web_Decision.pdf-imprisonment consecutive which was suspended for 12 months and was ordered to ./Bolt_-_Web_Decision.pdf-comply with a rehabilitation activity requirement. ./Bolt_-_Web_Decision.pdf-This allegation was therefore found proven. ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bolt_-_Web_Decision.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- d. 01/01/19- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- e. 01/11/18- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- f. 01/12/18- 06/02/19. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 2. Convicted 19 October 2020 and sentenced on 9 February 2021 at Stafford Crown ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf: Court of 3 counts of sexual assault of a female under 13 between 01/11/18- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 06/02/19 contrary to Sexual Offences Act 2003 section 7. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Preliminary applications ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel noted that the allegations contained a typographical error in that they ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-incorrectly referred to the date of conviction as 9 February 2021, when this was in fact ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the date of sentence. The panel carefully considered the certificate of conviction and ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-noted that the date of conviction was 19 October 2020. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel took account of the legal advice and noted that the change to clarify the -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Decision and reasons ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel announced its decision and reasons as follows: ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-In advance of the meeting, the TRA agreed to a request from Mr Bould for the allegations ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-to be considered without a hearing. The panel had the ability to direct that the case be ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-considered at a hearing if required in the interests of justice or in the public interest. The ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-panel did not determine that such a direction was necessary or appropriate in this case. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The teacher was employed as a mathematics teacher at the School between September ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-2018 until his dismissal in July 2019. On 19 October 2020 he was convicted of 9 ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:separate counts including, sexually assaulting females with no penetration and sexual ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-assault on a female child under 13. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Findings of fact ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The findings of fact are as follows: ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel found the following particulars of the allegations against you proved, for these ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-reasons: ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Convicted on 19 October 2020 and sentenced on 9 February 2021 at Stafford -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/10/18- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/01/19- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/11/18- 06/02/19; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- 01/12/18- 06/02/19. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Convicted 19 October 2020 and sentenced on 9 February 2021 at Stafford Crown ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:Court of 3 counts of sexual assault of a female under 13 between 01/11/18- 06/02/19 ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-contrary to Sexual Offences Act 2003 section 7. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel had regard to the Certificate of Conviction which confirmed the fact of the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-convictions. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel also had regard to the statement of agreed facts (which was signed by Mr ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Bould’s authorised representative), in which Mr Bould admitted the fact of the convictions ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-and that they were relevant offences. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel therefore found allegations 1 and 2 proven. -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-impact on the safety of pupils. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-panel considered that Mr Bould’s behaviour in committing the offence could affect public ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-pupils, parents and others in the community. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel noted that Mr Bould’s behaviour ultimately led to a sentence of imprisonment, ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-which was indicative of the seriousness of the offences committed. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:This was a case involving an offence of sexual activity, which the Advice states is likely to ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-be considered a relevant offence. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel considered that a finding that these convictions were for relevant offences was ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-necessary to reaffirm clear standards of conduct so as to maintain public confidence in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the teaching profession. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Panel’s recommendation to the Secretary of State ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Given the panel’s findings in respect of convictions of a relevant offence, it was ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-necessary for the panel to go on to consider whether it would be appropriate to -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- Teachers’ Standards; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- particularly where there is a continuing risk; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- a deep-seated attitude that leads to harmful behaviour; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- rights of pupils; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- from the individual’s professional position; ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-proportionate. The panel found that none of the mitigating factors were present in this ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-case. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel saw evidence that Mr Bould was previously subject to warnings in respect of ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-his teaching practice and failure to maintain appropriate personal space with pupils. -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-prohibition order should be imposed with immediate effect. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-years. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:recommendation of a review period. One of these behaviours is serious sexual ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:misconduct, such as where the act was sexually motivated and resulted in or had the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-used his professional position to influence or exploit a person or persons. The panel ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:noted that Mr Bould was responsible for sexual misconduct against pupils in the school ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-setting, and that this conduct resulted in 9 convictions and a significant prison sentence. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel decided that the findings indicated a situation in which a review period would ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-review period. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Decision and reasons on behalf of the Secretary of State ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- Teachers must have proper and professional regard for the ethos, policies and ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- practices of the school in which they teach ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- Teachers must have an understanding of, and always act within, the statutory ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- frameworks which set out their professional duties and responsibilities. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-The panel was also, “satisfied that the conduct of Mr Bould, in relation to the facts found ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-proved, involved breaches of the Teachers’ Standards.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-misconduct against pupils. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-to consider whether the consequences of such a publication are themselves sufficient. I -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-profession, given the influence that teachers may have on pupils, parents and others in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the community.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-that such a finding has on the reputation of the profession. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have had to consider that the public has a high expectation of professional standards of ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-citizen.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have considered whether the publication of a finding of a relevant conviction, in the ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-absence of a prohibition order, can itself be regarded by such a person as being a -- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have also considered the impact of a prohibition order on Mr Bould himself. The panel ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-comment that it “saw evidence that Mr Bould was previously subject to warnings in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-respect of his teaching practice and failure to maintain appropriate personal space with ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-pupils.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-A prohibition order would prevent Mr Bould from teaching and would also clearly deprive ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-the public of his contribution to the profession for the period that it is in force. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-In this case, I have placed considerable weight on the panel’s comments, “The panel ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf:noted that Mr Bould was responsible for sexual misconduct against pupils in the school ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-setting, and that this conduct resulted in 9 convictions and a significant prison sentence.” ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-Mr Bould has made to the profession. In my view, it is necessary to impose a prohibition ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-light of the circumstances in this case, that is not backed up by any evidence of remorse ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-confidence in the profession. ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf- ./Bould_Steven_SoS_Decision_Accessibility_Checked.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Bowles__D_Web_Decision.pdf-B. Allegations ./Bowles__D_Web_Decision.pdf-The panel considered the allegation set out in the Notice of Proceedings dated 23 June ./Bowles__D_Web_Decision.pdf-2015. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-It was alleged that Mr Daniel Bowles was guilty of unacceptable professional conduct, in ./Bowles__D_Web_Decision.pdf-respect of his conduct towards Pupil A whilst he was employed at St Thomas More ./Bowles__D_Web_Decision.pdf-Catholic School, Purley, in that: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf: 1. He was cautioned under Section 16 of the Sexual Offences Act 2003 for a sexual ./Bowles__D_Web_Decision.pdf- act with a female aged 13-17 and for abusing his position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Mr Bowles admitted the facts of the allegations and that they amounted to unacceptable ./Bowles__D_Web_Decision.pdf-professional conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-C. Preliminary applications ./Bowles__D_Web_Decision.pdf-There were no preliminary applications. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Findings of fact ./Bowles__D_Web_Decision.pdf-The panel’s findings of fact are as follows: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has found the following particulars of the allegation against Mr Daniel Bowles ./Bowles__D_Web_Decision.pdf-proven, for these reasons: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Whilst he was employed at St Thomas More Catholic School, Purley: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- 1. He was cautioned under Section 16 of the Sexual Offences Act 2003 for a ./Bowles__D_Web_Decision.pdf: sexual act with a female aged 13-17 and for abusing his position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has been provided with a copy of the police national computer record, showing ./Bowles__D_Web_Decision.pdf-that Mr Bowles was cautioned on 13 June 2014, under section 16 of the Sexual Offences ./Bowles__D_Web_Decision.pdf:Act 2003 for a sexual act with a female aged 13-17. The panel received legal advice that ./Bowles__D_Web_Decision.pdf-an offence under that section involves abuse of position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has also seen a statement of agreed facts signed by Mr Bowles, in which he ./Bowles__D_Web_Decision.pdf-admits that: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- a. from September 2013 he would make comments to Pupil A to the effect that his ./Bowles__D_Web_Decision.pdf- day was complete when marking her into the register; ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- b. he exchanged personal mobile telephone numbers with Pupil A; ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Bowles__D_Web_Decision.pdf- ethics and behaviour, within and outside school, by: ./Bowles__D_Web_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Bowles__D_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Bowles__D_Web_Decision.pdf- professional position [and] ./Bowles__D_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Bowles__D_Web_Decision.pdf- statutory provisions … ./Bowles__D_Web_Decision.pdf-The panel has also considered whether Mr Bowles has displayed behaviours associated ./Bowles__D_Web_Decision.pdf-with any of the offences listed on pages 8 and 9 of the Advice. The panel notes that Mr ./Bowles__D_Web_Decision.pdf:Bowles was cautioned for an offence that involved sexual activity. The Advice indicates ./Bowles__D_Web_Decision.pdf-that where behaviours associated with such an offence exist, a panel is likely to conclude ./Bowles__D_Web_Decision.pdf-that an individual’s conduct would amount to unacceptable professional conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-In light of all of the above, the panel considers that Mr Bowles’ conduct, as found proven, ./Bowles__D_Web_Decision.pdf-amounts to misconduct of a serious nature, falling significantly short of the standard of ./Bowles__D_Web_Decision.pdf-behaviour expected of a teacher. The panel is satisfied that Mr Bowles is guilty of ./Bowles__D_Web_Decision.pdf-unacceptable professional conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Bowles__D_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Bowles__D_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Bowles__D_Web_Decision.pdf-are likely to have punitive effect. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Bowles__D_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Bowles__D_Web_Decision.pdf-namely the protection of pupils, the maintenance of public confidence in the profession ./Bowles__D_Web_Decision.pdf-and declaring and upholding proper standards of conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf:In light of the panel’s findings against Mr Bowles, which involved sexual activity with a ./Bowles__D_Web_Decision.pdf-pupil, there is a strong public interest consideration in respect of the protection of pupils. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Bowles__D_Web_Decision.pdf-weakened if conduct such as that found against Mr Bowles were not treated with the ./Bowles__D_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel considers that a strong public interest consideration in declaring proper ./Bowles__D_Web_Decision.pdf-standards of conduct in the profession is also present as the conduct found against Mr ./Bowles__D_Web_Decision.pdf-Bowles could not reasonably be tolerated. ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf-In carrying out the balancing exercise the panel has considered the public interest ./Bowles__D_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Bowles__D_Web_Decision.pdf-Bowles. The panel took further account of the Advice, which suggests that a prohibition ./Bowles__D_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Bowles__D_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Bowles__D_Web_Decision.pdf- Teachers’ Standards; ./Bowles__D_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Bowles__D_Web_Decision.pdf- rights of pupils; and ./Bowles__D_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Bowles__D_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Bowles__D_Web_Decision.pdf- from the individual’s professional position. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- 7 ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel notes that Mr Bowles admitted his misconduct at an early stage, in that his ./Bowles__D_Web_Decision.pdf-kissing of Pupil A came to light by Mr Bowles’ voluntary admission, when he was ./Bowles__D_Web_Decision.pdf-questioned about text messages sent to Pupil A (which made no reference to a kiss). ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-There was also some evidence before the panel which indicated that Mr Bowles was ./Bowles__D_Web_Decision.pdf-suffering from sleep deprivation at the relevant time. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Bowles__D_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Bowles. ./Bowles__D_Web_Decision.pdf:The fact that Mr Bowles has engaged in a sexual act with a vulnerable pupil was a ./Bowles__D_Web_Decision.pdf-significant factor in forming that opinion. Accordingly, the panel makes a recommendation ./Bowles__D_Web_Decision.pdf-to the Secretary of State that a prohibition order should be imposed with immediate ./Bowles__D_Web_Decision.pdf-effect. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Bowles__D_Web_Decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Bowles__D_Web_Decision.pdf-mindful that the Advice indicates that a prohibition order applies for life, but there may be ./Bowles__D_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Bowles__D_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Bowles__D_Web_Decision.pdf-less than 2 years. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Bowles__D_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Bowles__D_Web_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in, or had the ./Bowles__D_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Bowles__D_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. Mr Bowles ./Bowles__D_Web_Decision.pdf:has admitted that his actions were sexually motivated. The panel has found that Mr ./Bowles__D_Web_Decision.pdf-Bowles exchanged mobile telephone numbers with a vulnerable pupil, communicated ./Bowles__D_Web_Decision.pdf-with her by text message, hugged her, asked, “shall we?” and then kissed her. Pupil A ./Bowles__D_Web_Decision.pdf-was a vulnerable student. Mr Bowles’ actions were considered and the conduct ./Bowles__D_Web_Decision.pdf-continued over a period of time. In these circumstances, the panel finds Mr Bowles’ ./Bowles__D_Web_Decision.pdf:actions to have been serious sexual misconduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Mr Bowles has indicated that he regrets his actions and is sorry for them. The panel ./Bowles__D_Web_Decision.pdf-notes however, that Mr Bowles does not appear to have shown any recognition of the ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- 8 ./Bowles__D_Web_Decision.pdf- -- ./Bowles__D_Web_Decision.pdf-In the circumstances, the panel considers this to be a situation in which a review period is ./Bowles__D_Web_Decision.pdf-not appropriate. As such it has decided that it would be proportionate in all the ./Bowles__D_Web_Decision.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Bowles__D_Web_Decision.pdf-period. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./Bowles__D_Web_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the ./Bowles__D_Web_Decision.pdf-panel in respect of both sanction and review period. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf:This is a case concerning sexual misconduct. The teacher accepted a caution under ./Bowles__D_Web_Decision.pdf:Section 16 of the Sexual Offences Act 2003 for a sexual act with a female aged 13-17 ./Bowles__D_Web_Decision.pdf-and for abusing his position of trust. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The teacher admitted the caution and that it amounted to unacceptable professional ./Bowles__D_Web_Decision.pdf-conduct. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-The panel has considered the advice published by the Secretary of State as have I. ./Bowles__D_Web_Decision.pdf- ./Bowles__D_Web_Decision.pdf-Mr Bowles’ conduct, as found proven, amounts to misconduct of a serious nature, falling ./Bowles__D_Web_Decision.pdf-significantly short of the standard of behaviour expected of a teacher. ./Bowles__D_Web_Decision.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-October 2017. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-It was alleged that Dr Britton was guilty of unacceptable professional conduct and/or ./Britton__Howard_SoS_decision_for_Web.pdf-conduct that may bring the profession into disrepute, in that he: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 1. Failed to maintain appropriate professional boundaries with Pupil A between ./Britton__Howard_SoS_decision_for_Web.pdf- January and June 2005, in that he: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- a. accepted Pupil A’s telephone number ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: b. exchanged flirtatious and / or sexual text messages with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- c. discussed with Pupil A meeting outside of school ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- d. invited Pupil A to his home ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- e. on one or more occasion: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- i. held hands with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ii. touched Pupil A’s legs ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- iii. allowed Pupil A to touch his legs ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 2. Failed to maintain appropriate professional boundaries during June and / or July ./Britton__Howard_SoS_decision_for_Web.pdf: 2005, in that, on one or more occasion he had sexual intercourse with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: 3. His actions as set out above were sexually motivated ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton admits the facts of allegations 1.a., 1.b., 1.c., 1.d., 1.e.ii-iii, and 2. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton denies the facts of allegations 1.e.i and 3. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton admits that the facts admitted amount to unacceptable professional conduct ./Britton__Howard_SoS_decision_for_Web.pdf-and / or conduct that may bring the profession into disrepute. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-C. Preliminary applications -- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-E. Decision and reasons ./Britton__Howard_SoS_decision_for_Web.pdf-The panel announced its decision and reasons as follows: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has carefully considered the case before us and have reached a decision. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton was a teacher of economics at Queen Ethelburga’s Collegiate (the “school”) ./Britton__Howard_SoS_decision_for_Web.pdf-between September 2001 and August 2005. During the academic year 2004/2005 it is ./Britton__Howard_SoS_decision_for_Web.pdf-alleged that Dr Britton had inappropriate contact with Pupil A, a pupil in the sixth form. ./Britton__Howard_SoS_decision_for_Web.pdf-This contact commenced during one to one coaching sessions. It later progressed to the ./Britton__Howard_SoS_decision_for_Web.pdf:exchange of sexually explicit text messages and to a physical relationship which started ./Britton__Howard_SoS_decision_for_Web.pdf-on the day of Pupil A’s final exam at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Findings of fact ./Britton__Howard_SoS_decision_for_Web.pdf-Our findings of fact are as follows: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has found the following particulars of the allegation(s) against you proven, for ./Britton__Howard_SoS_decision_for_Web.pdf-these reasons: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 1. Failed to maintain appropriate professional boundaries with Pupil A between ./Britton__Howard_SoS_decision_for_Web.pdf- January and June 2005, in that you: -- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton explained that he had not had a mobile phone for long at the time of this ./Britton__Howard_SoS_decision_for_Web.pdf-incident, and that he was more used to telephone numbers being accessible through the ./Britton__Howard_SoS_decision_for_Web.pdf-telephone directory. For this reason, at the time, he did not believe accepting Pupil A’s ./Britton__Howard_SoS_decision_for_Web.pdf-mobile number was inappropriate. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Whilst the panel had regard to Dr Britton’s explanation, the panel found that Dr Britton’s ./Britton__Howard_SoS_decision_for_Web.pdf-admission was consistent with the evidence and found allegation 1.a. proven on the ./Britton__Howard_SoS_decision_for_Web.pdf-balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: b. exchanged flirtatious and / or sexual text messages with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-This allegation was admitted by Dr Britton within the statement of agreed and disputed ./Britton__Howard_SoS_decision_for_Web.pdf-facts dated 22 November 2017. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel heard evidence from Pupil A that she initiated the flirtatious text messages ./Britton__Howard_SoS_decision_for_Web.pdf:with Dr Britton. She went on to describe the content of the sexually explicit text ./Britton__Howard_SoS_decision_for_Web.pdf-messages. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton stated in oral evidence that, on occasion, he replied to flirtatious text messages ./Britton__Howard_SoS_decision_for_Web.pdf-instigated by Pupil A with similar content. He did not believe the language Pupil A said he ./Britton__Howard_SoS_decision_for_Web.pdf-had used in the texts was language he would have used. He was unable to confirm ./Britton__Howard_SoS_decision_for_Web.pdf-definitively that he had not sent those text messages. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton went on to state that he had replied to Pupil A’s text messages with similar ./Britton__Howard_SoS_decision_for_Web.pdf:content in order to frighten her off as he believed she was pursuing a campaign of sexual ./Britton__Howard_SoS_decision_for_Web.pdf-harassment against him. Dr Britton stated he was concerned about Pupil A’s behaviour ./Britton__Howard_SoS_decision_for_Web.pdf-and that he did not have the correct training or support to stop it. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel did not find this to be a credible response given Dr Britton’s experience in the ./Britton__Howard_SoS_decision_for_Web.pdf-teaching profession. Dr Britton went on to say that prior to teaching Pupil A, he felt he got ./Britton__Howard_SoS_decision_for_Web.pdf-attention from 10 to 15 students every year and that as a teacher, he got used to dealing ./Britton__Howard_SoS_decision_for_Web.pdf-with that behaviour. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found Pupil A’s evidence on the content of the messages to be credible, and ./Britton__Howard_SoS_decision_for_Web.pdf-compelling. The panel found this evidence to be consistent with Dr Britton’s admission -- ./Britton__Howard_SoS_decision_for_Web.pdf-threaten him in this way, this was simply his interpretation of the events. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton also confirmed that when she arrived at his house, he did let her in. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A gave oral evidence that Dr Britton provided his home address to her by text ./Britton__Howard_SoS_decision_for_Web.pdf-message. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton gave oral evidence that he did not believe he provided his home address to ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A and that she could have obtained it some other way. The panel did not find this ./Britton__Howard_SoS_decision_for_Web.pdf-explanation to be credible in light of the confirmation from both Pupil A and Dr Britton that ./Britton__Howard_SoS_decision_for_Web.pdf:they went on to have sexual intercourse at his house on other occasions. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel therefore found allegation 1.d. proven. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- e. on one or more occasion: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- i. held hands with Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel had regard to Pupil A’s witness statement dated 8 September 2017 in which ./Britton__Howard_SoS_decision_for_Web.pdf-she described holding Dr Britton’s hand under a desk whilst sitting next to him during one ./Britton__Howard_SoS_decision_for_Web.pdf-to one sessions at school. -- ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A confirmed she initiated this contact during her oral evidence. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel did not find Dr Britton’s explanation to be credible in light of the fact the contact ./Britton__Howard_SoS_decision_for_Web.pdf-took place on a number of occasions and he had the opportunity to halt the behaviour ./Britton__Howard_SoS_decision_for_Web.pdf-each time. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found Dr Britton’s admission consistent with the oral evidence and therefore ./Britton__Howard_SoS_decision_for_Web.pdf-found allegations 1.e.ii and 1.e.iii proven on the balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 2. Failed to maintain appropriate professional boundaries during June and / or ./Britton__Howard_SoS_decision_for_Web.pdf: July 2005, in that, on one or more occasion you had sexual intercourse with ./Britton__Howard_SoS_decision_for_Web.pdf- Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-This allegation was admitted by Dr Britton within the statement of agreed and disputed ./Britton__Howard_SoS_decision_for_Web.pdf-facts dated 22 November 2017. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A confirmed in her witness statement dated 8 September 2017 that she saw Dr ./Britton__Howard_SoS_decision_for_Web.pdf:Britton three or four times at his house and that she had sexual intercourse with him each ./Britton__Howard_SoS_decision_for_Web.pdf-of those times. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Dr Britton gave oral evidence confirming that he had sexual intercourse with Pupil A at ./Britton__Howard_SoS_decision_for_Web.pdf-his house. Dr Britton stated that Pupil A first came to his house on the day of her final ./Britton__Howard_SoS_decision_for_Web.pdf-exam at the school and on this occasion, they kissed. Dr Britton confirmed that on ./Britton__Howard_SoS_decision_for_Web.pdf:subsequent occasions, Pupil A visited his house and they had sexual intercourse. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Pupil A and Dr Britton both confirmed that the sexual relationship occurred during ./Britton__Howard_SoS_decision_for_Web.pdf-approximately the four week period after Pupil A’s final exam at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 8 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton confirmed in oral evidence that he believed Pupil A was a former pupil at the ./Britton__Howard_SoS_decision_for_Web.pdf:time of their sexual relationship. The panel considered the evidence from the school that ./Britton__Howard_SoS_decision_for_Web.pdf-Pupil A left in June 2005 but was persuaded that there had been an escalation in the ./Britton__Howard_SoS_decision_for_Web.pdf-relationship between Pupil A and Dr Britton whilst she was still a pupil at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found that there was a possibility that Pupil A could have returned to the ./Britton__Howard_SoS_decision_for_Web.pdf-school after her exams had concluded in order to conduct resits. In light of this, Pupil A ./Britton__Howard_SoS_decision_for_Web.pdf:could still have been considered a pupil at the time of Dr Britton’s sexual relationship with ./Britton__Howard_SoS_decision_for_Web.pdf-her. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel found that Dr Britton’s admission was consistent with the evidence and ./Britton__Howard_SoS_decision_for_Web.pdf-therefore found allegation 2 proven on the balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf: 3. Your actions as set out above were sexually motivated ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel considered whether on the balance of probabilities reasonable persons would ./Britton__Howard_SoS_decision_for_Web.pdf:think the words and actions found proven could be sexual. The panel then considered ./Britton__Howard_SoS_decision_for_Web.pdf-whether, in all the circumstances of the conduct in the case, it was more likely than not ./Britton__Howard_SoS_decision_for_Web.pdf:that the teacher’s purpose of such words and actions was sexual. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Britton__Howard_SoS_decision_for_Web.pdf-motivation should be inferred from all the circumstances of the case. The panel had in ./Britton__Howard_SoS_decision_for_Web.pdf-mind the evidence of the teacher’s character and considered whether such evidence had ./Britton__Howard_SoS_decision_for_Web.pdf-any bearing on the teacher’s credibility or propensity to have carried out the alleged facts ./Britton__Howard_SoS_decision_for_Web.pdf-or to the circumstances in which the teacher found himself. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Dr Britton denied sexual motivation. The panel did however note that Dr Britton confirmed ./Britton__Howard_SoS_decision_for_Web.pdf-he enjoyed kissing Pupil A on the first occasion when she came to his house, ./Britton__Howard_SoS_decision_for_Web.pdf-immediately after her last exam at the school and that he had exchanged flirtatious text ./Britton__Howard_SoS_decision_for_Web.pdf-messages with her over a period of time. The panel also noted that Dr Britton admitted ./Britton__Howard_SoS_decision_for_Web.pdf:that he had sexual intercourse with Pupil A on more than one occasion. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel also placed significant weight on Pupil A’s oral evidence that they had planned ./Britton__Howard_SoS_decision_for_Web.pdf:to have a sexual relationship after she finished her final exam. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel could not accept Dr Britton’s evidence that the only motivation for these ./Britton__Howard_SoS_decision_for_Web.pdf-actions was to frighten Pupil A off as he felt trapped in the situation. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:Taking into account all of the available evidence, the panel therefore found sexual ./Britton__Howard_SoS_decision_for_Web.pdf-motivation proven on the balance of probabilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 9 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-  teachers must have an understanding of, and always act within, the statutory ./Britton__Howard_SoS_decision_for_Web.pdf- frameworks which set out their professional duties and responsibilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel is satisfied that the conduct of Dr Britton amounts to misconduct of a serious ./Britton__Howard_SoS_decision_for_Web.pdf-nature which fell significantly short of the standards expected of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has also considered whether Dr Britton’s conduct displayed behaviours ./Britton__Howard_SoS_decision_for_Web.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Britton__Howard_SoS_decision_for_Web.pdf:has found that the offence of sexual activity is relevant. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Britton__Howard_SoS_decision_for_Web.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Britton__Howard_SoS_decision_for_Web.pdf-professional conduct. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel notes that the facts of allegation 2 took place outside of the education setting. ./Britton__Howard_SoS_decision_for_Web.pdf:The panel noted Dr Britton’s evidence that Pupil A pursued him for a sexual relationship. ./Britton__Howard_SoS_decision_for_Web.pdf-The panel also had regard to Pupil A’s evidence that she did instigate parts of their ./Britton__Howard_SoS_decision_for_Web.pdf-contact, including passing on her telephone number and starting to send flirtatious text ./Britton__Howard_SoS_decision_for_Web.pdf-messages to Dr Britton. Pupil A gave evidence that she believed she was deeply in love ./Britton__Howard_SoS_decision_for_Web.pdf-with Dr Britton and that she thought they would have a future together. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 10 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Britton__Howard_SoS_decision_for_Web.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Britton__Howard_SoS_decision_for_Web.pdf-are likely to have a punitive effect. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel has considered the particular public interest considerations set out in the ./Britton__Howard_SoS_decision_for_Web.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Britton__Howard_SoS_decision_for_Web.pdf-namely the protection of pupils; the maintenance of public confidence in the profession; ./Britton__Howard_SoS_decision_for_Web.pdf-and declaring and upholding proper standards of conduct. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-In light of the panel’s findings against Dr Britton, which involved Dr Britton exchanging ./Britton__Howard_SoS_decision_for_Web.pdf:sexually explicit text messages with a pupil whilst he was teaching her and embarking on ./Britton__Howard_SoS_decision_for_Web.pdf:a sexual relationship with her shortly after her last exam at the school, there is a strong ./Britton__Howard_SoS_decision_for_Web.pdf-public interest consideration in protecting pupils. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Britton__Howard_SoS_decision_for_Web.pdf-weakened if conduct such as that found against Dr Britton were not treated with the ./Britton__Howard_SoS_decision_for_Web.pdf-utmost seriousness when regulating the conduct of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 11 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-Britton. The panel took further account of the Advice, which suggests that a prohibition ./Britton__Howard_SoS_decision_for_Web.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Britton__Howard_SoS_decision_for_Web.pdf-of such behaviours, those that are relevant in this case are: ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-  serious departure from the personal and professional conduct elements of the ./Britton__Howard_SoS_decision_for_Web.pdf- Teachers’ Standards ./Britton__Howard_SoS_decision_for_Web.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Britton__Howard_SoS_decision_for_Web.pdf- particularly where there is a continuing risk ./Britton__Howard_SoS_decision_for_Web.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Britton__Howard_SoS_decision_for_Web.pdf- rights of pupils ./Britton__Howard_SoS_decision_for_Web.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Britton__Howard_SoS_decision_for_Web.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Britton__Howard_SoS_decision_for_Web.pdf- from the individual’s professional position ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Even though there were behaviours that would point to the appropriateness of a ./Britton__Howard_SoS_decision_for_Web.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Britton__Howard_SoS_decision_for_Web.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Britton__Howard_SoS_decision_for_Web.pdf-imposition of a prohibition order. In carrying out this exercise the panel took into account ./Britton__Howard_SoS_decision_for_Web.pdf-the nature and severity of the behaviour in this case. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel noted that there was no evidence that the teacher’s actions were not ./Britton__Howard_SoS_decision_for_Web.pdf-deliberate. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Dr Britton indicated throughout the hearing that he was acting under duress as he felt ./Britton__Howard_SoS_decision_for_Web.pdf-trapped by Pupil A’s actions. The panel did not accept this explanation as he had a ./Britton__Howard_SoS_decision_for_Web.pdf-number of opportunities to end his relationship with Pupil A. Instead, he did not end the ./Britton__Howard_SoS_decision_for_Web.pdf:relationship until he had sexual intercourse with Pupil A at his house on at least three ./Britton__Howard_SoS_decision_for_Web.pdf-occasions. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel noted that Dr Britton did have a previously good history. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 12 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-prohibition order should be imposed with immediate effect. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Britton__Howard_SoS_decision_for_Web.pdf-recommend that a review period of the order should be considered. The panel was ./Britton__Howard_SoS_decision_for_Web.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Britton__Howard_SoS_decision_for_Web.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Britton__Howard_SoS_decision_for_Web.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Britton__Howard_SoS_decision_for_Web.pdf-less than 2 years. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Britton__Howard_SoS_decision_for_Web.pdf:review period being recommended. One of these behaviours is serious sexual ./Britton__Howard_SoS_decision_for_Web.pdf:misconduct, for example where the act was sexually motivated and resulted in or had the ./Britton__Howard_SoS_decision_for_Web.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Britton__Howard_SoS_decision_for_Web.pdf-used their professional position to influence or exploit a person or persons. The panel ./Britton__Howard_SoS_decision_for_Web.pdf:has found that Dr Britton had sexual intercourse with Pupil A on at least three occasions ./Britton__Howard_SoS_decision_for_Web.pdf:in the weeks after her final exam at the school and that he was sexually motivated in this ./Britton__Howard_SoS_decision_for_Web.pdf:regard. As such, the panel found serious sexual misconduct was behaviour that was ./Britton__Howard_SoS_decision_for_Web.pdf-present in this case. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel heard evidence from Dr Britton that after he ended his relationship with Pupil ./Britton__Howard_SoS_decision_for_Web.pdf-A, he left the teaching profession due to his disgust with his own behaviour in having a ./Britton__Howard_SoS_decision_for_Web.pdf:sexual relationship with Pupil A. Dr Britton went on to say he had no plans to return to the ./Britton__Howard_SoS_decision_for_Web.pdf-teaching profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-Whilst the panel accepted Dr Britton does not wish to teach in the future, it also found ./Britton__Howard_SoS_decision_for_Web.pdf-that Dr Britton did not show insight into the particular dynamics of the teacher and pupil ./Britton__Howard_SoS_decision_for_Web.pdf-relationship. In particular the panel found that Dr Britton maintained that Pupil A was a ./Britton__Howard_SoS_decision_for_Web.pdf:sexually active 18 year old at the time of the sexual activity and that she had actively ./Britton__Howard_SoS_decision_for_Web.pdf-pursued him. Dr Britton failed to understand that the relationship between them was not ./Britton__Howard_SoS_decision_for_Web.pdf-one of equals and that he abused his position of trust by entering into flirtatious text ./Britton__Howard_SoS_decision_for_Web.pdf:messages with Pupil A whilst still a pupil at the school, and ultimately by having sexual ./Britton__Howard_SoS_decision_for_Web.pdf-intercourse with her shortly after her final exam at the school. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 13 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Britton__Howard_SoS_decision_for_Web.pdf- statutory provisions; ./Britton__Howard_SoS_decision_for_Web.pdf-  teachers must have an understanding of, and always act within, the statutory ./Britton__Howard_SoS_decision_for_Web.pdf- frameworks which set out their professional duties and responsibilities. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-The panel finds that the conduct of Mr Britton fell significantly short of the standards ./Britton__Howard_SoS_decision_for_Web.pdf-expected of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Britton__Howard_SoS_decision_for_Web.pdf-misconduct. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Britton__Howard_SoS_decision_for_Web.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Britton__Howard_SoS_decision_for_Web.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Britton__Howard_SoS_decision_for_Web.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- 14 ./Britton__Howard_SoS_decision_for_Web.pdf- -- ./Britton__Howard_SoS_decision_for_Web.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Britton__Howard_SoS_decision_for_Web.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Britton__Howard_SoS_decision_for_Web.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Britton__Howard_SoS_decision_for_Web.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Britton__Howard_SoS_decision_for_Web.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Britton__Howard_SoS_decision_for_Web.pdf-considered therefore whether or not prohibiting Mr Britton, and the impact that will have ./Britton__Howard_SoS_decision_for_Web.pdf-on him, is proportionate. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-In this case I have considered the extent to which a prohibition order would protect ./Britton__Howard_SoS_decision_for_Web.pdf-children. The panel has found that in light of Dr Britton’s actions, which involved, ./Britton__Howard_SoS_decision_for_Web.pdf:“exchanging sexually explicit text messages with a pupil whilst he was teaching her and ./Britton__Howard_SoS_decision_for_Web.pdf:embarking on a sexual relationship with her shortly after her last exam at the school, ./Britton__Howard_SoS_decision_for_Web.pdf-there is a strong public interest consideration in protecting pupils.” A prohibition order ./Britton__Howard_SoS_decision_for_Web.pdf-would therefore prevent such a risk from being present. I have also taken into account ./Britton__Howard_SoS_decision_for_Web.pdf-the panel’s comments on insight and remorse which the panel sets out as follows, “Dr ./Britton__Howard_SoS_decision_for_Web.pdf-Britton did not show insight into the particular dynamics of the teacher and pupil ./Britton__Howard_SoS_decision_for_Web.pdf-relationship.” In my judgement the lack of insight means that there is some risk of the ./Britton__Howard_SoS_decision_for_Web.pdf-repetition of this behaviour and this risks future pupils’ safety. I have therefore given this ./Britton__Howard_SoS_decision_for_Web.pdf-element considerable weight in reaching my decision. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Britton__Howard_SoS_decision_for_Web.pdf-confidence in the profession. The panel observe, “that there is a strong public interest ./Britton__Howard_SoS_decision_for_Web.pdf-consideration in declaring proper standards of conduct in the profession as the conduct ./Britton__Howard_SoS_decision_for_Web.pdf-found against Dr Britton was outside that which could reasonably be tolerated.” I am ./Britton__Howard_SoS_decision_for_Web.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./Britton__Howard_SoS_decision_for_Web.pdf-such a finding has on the reputation of the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have had to consider that the public has a high expectation of professional standards of ./Britton__Howard_SoS_decision_for_Web.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Britton__Howard_SoS_decision_for_Web.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Britton__Howard_SoS_decision_for_Web.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Britton__Howard_SoS_decision_for_Web.pdf-citizen.” ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have considered whether the publication of a finding of unacceptable professional ./Britton__Howard_SoS_decision_for_Web.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Britton__Howard_SoS_decision_for_Web.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Britton__Howard_SoS_decision_for_Web.pdf-lack of insight or remorse. The panel has said Dr Britton, “Dr Britton failed to understand ./Britton__Howard_SoS_decision_for_Web.pdf-that the relationship between them was not one of equals and that he abused his position ./Britton__Howard_SoS_decision_for_Web.pdf-of trust by entering into flirtatious text messages with Pupil A whilst still a pupil at the ./Britton__Howard_SoS_decision_for_Web.pdf:school, and ultimately by having sexual intercourse with her shortly after her final exam at ./Britton__Howard_SoS_decision_for_Web.pdf-the school.” ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Britton__Howard_SoS_decision_for_Web.pdf-Mr Britton has made to the profession. In my view it is necessary to impose a prohibition ./Britton__Howard_SoS_decision_for_Web.pdf-order in order to maintain public confidence in the profession. A published decision that is ./Britton__Howard_SoS_decision_for_Web.pdf-not backed up by remorse or insight does not in my view satisfy the public interest ./Britton__Howard_SoS_decision_for_Web.pdf-requirement concerning public confidence in the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Britton__Howard_SoS_decision_for_Web.pdf-public interest in order to achieve the aims which a prohibition order is intended to -- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Britton__Howard_SoS_decision_for_Web.pdf-recommended no review period. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have considered the panel’s comments “that it would be proportionate in all the ./Britton__Howard_SoS_decision_for_Web.pdf-circumstances for the prohibition order to be recommended without provision for a review ./Britton__Howard_SoS_decision_for_Web.pdf-period.” ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I have considered whether a 2 year review period reflects the seriousness of the findings ./Britton__Howard_SoS_decision_for_Web.pdf-and is a proportionate period to achieve the aim of maintaining public confidence in the ./Britton__Howard_SoS_decision_for_Web.pdf:profession. In this case, I am of the same view as the panel. In my view the sexual ./Britton__Howard_SoS_decision_for_Web.pdf-misconduct found and the lack of insight or remorse means a two year review period is ./Britton__Howard_SoS_decision_for_Web.pdf-not sufficient to achieve the aim of maintaining public confidence in the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./Britton__Howard_SoS_decision_for_Web.pdf-confidence in the profession. ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf- ./Britton__Howard_SoS_decision_for_Web.pdf-This means that Mr Howard Britton is prohibited from teaching indefinitely and ./Britton__Howard_SoS_decision_for_Web.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./BrownDavidSecofStatedecisionforWeb.pdf-Teacher: Mr David Philip Brown ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Teacher ref number: 0220512 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Teacher date of birth: 25 December 1970 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-NCTL case reference: 15228 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Date of determination: 10 April 2017 ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:Former employer: Worth School, Sussex ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-A. Introduction ./BrownDavidSecofStatedecisionforWeb.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./BrownDavidSecofStatedecisionforWeb.pdf-Leadership (“the National College”) convened on 10 April 2017 at Study Inn, 165/175 ./BrownDavidSecofStatedecisionforWeb.pdf-Corporation Street, Coventry CV1 1GU to consider the case of Mr David Phillip Brown. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel members were Mr Michael Lewis (former teacher panellist – in the chair), Ms ./BrownDavidSecofStatedecisionforWeb.pdf-Margaret Simpson (teacher panellist) and Mr John Matharu (lay panellist). ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf- i. A message encouraging Pupil A to take drugs, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ii. A message indicating that he had taken drugs, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- iii. A picture message of himself in the bath, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf: iv. Messages which were of a sexual nature, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- b. Entered into an inappropriate relationship with Pupil A including ./BrownDavidSecofStatedecisionforWeb.pdf: engaging in sexual activity on one or more occasions; ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 2. His conduct as set out at paragraphs 1(a) iii and/or 1(a)(iv) and/or 1(b) above ./BrownDavidSecofStatedecisionforWeb.pdf: was sexually motivated. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In the statement of agreed facts dated 16 February 2017, Mr Brown admitted the above ./BrownDavidSecofStatedecisionforWeb.pdf-allegations and that they amounted to unacceptable professional conduct and conduct ./BrownDavidSecofStatedecisionforWeb.pdf-which may bring the profession into disrepute. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-C. Preliminary applications -- ./BrownDavidSecofStatedecisionforWeb.pdf-of the hearing. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Mr Brown had been contracted to work at Worth School (the “School”) as a peripatetic ./BrownDavidSecofStatedecisionforWeb.pdf-singing teacher from 24 September 2012. Pupil A joined the School, as a student, on 3 ./BrownDavidSecofStatedecisionforWeb.pdf-September 2013. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In February 2015, Mr Brown and Pupil A began exchanging text messages and/or emails ./BrownDavidSecofStatedecisionforWeb.pdf-via social media. Later between June to December 2015, it is alleged that Mr Brown ./BrownDavidSecofStatedecisionforWeb.pdf-encouraged Pupil A to take drugs, indicated that he, himself, had taken drugs and ./BrownDavidSecofStatedecisionforWeb.pdf-additionally sent a picture message of himself in a bath, some of these text messages ./BrownDavidSecofStatedecisionforWeb.pdf:were said to be of a sexual nature. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:In July 2015, it is alleged Mr Brown began a sexual relationship with Pupil A. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 6 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-10 February 2017, that he sent Pupil A the messages in the terms described in the ./BrownDavidSecofStatedecisionforWeb.pdf-allegation. Mr Brown also admitted to sending these messages in the Notice of Referral ./BrownDavidSecofStatedecisionforWeb.pdf-Form dated 13 July 2016 and in the Notice of Proceedings Form dated 16 February ./BrownDavidSecofStatedecisionforWeb.pdf-2017. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered the written evidence of Parent Z who stated that she looked ./BrownDavidSecofStatedecisionforWeb.pdf-through Pupil A’s iPhone which contained messages exchanged between Mr Brown and ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A. This phone was bought by Mr Brown for Pupil A. Parent Z noted that, “The ./BrownDavidSecofStatedecisionforWeb.pdf-messages again included open references to drug use and even offering to share them ./BrownDavidSecofStatedecisionforWeb.pdf-with Pupil A”. Parent Z said “Mr Brown referenced the ‘come down’ and also the great ./BrownDavidSecofStatedecisionforWeb.pdf:effect that drugs could have during sex”. The panel also considered the ./BrownDavidSecofStatedecisionforWeb.pdf-contemporaneous text message Parent Z sent to Mr Brown on 12 December where she ./BrownDavidSecofStatedecisionforWeb.pdf-referred to his “coke” usage. Parent Z has been consistent with her account throughout, ./BrownDavidSecofStatedecisionforWeb.pdf-relaying the same information to the School during their investigation. This is further ./BrownDavidSecofStatedecisionforWeb.pdf-corroborated from the School’s notes of the meeting with Pupil A where she said that, “Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown emphasised the good aspects of drugs if taken in a controlled environment”. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel had regard to the School’s Staff Prudence Guidance and Code of Conduct ./BrownDavidSecofStatedecisionforWeb.pdf-which stated, “Neither non-proprietary nor non-prescribed drugs may be brought into the ./BrownDavidSecofStatedecisionforWeb.pdf-school”. The policy goes on to state, “Staff should not engage in inappropriate electronic ./BrownDavidSecofStatedecisionforWeb.pdf-communication with pupils [and] Staff should not give pupils their private number”. The -- ./BrownDavidSecofStatedecisionforWeb.pdf-found that Mr Brown was more likely than not to have sent the messages to Pupil A in the ./BrownDavidSecofStatedecisionforWeb.pdf-terms described in the allegation. Having regard to appropriate teacher/pupil relationship ./BrownDavidSecofStatedecisionforWeb.pdf-and the relevant policies, the panel concluded that Mr Brown’s actions, in encouraging ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to take drugs and indicating that he had taken drugs, amounted to a failure to ./BrownDavidSecofStatedecisionforWeb.pdf-maintain appropriate professional standards and appropriate professional boundaries. ./BrownDavidSecofStatedecisionforWeb.pdf-Consequently, the panel find this particular of the allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- iii. A picture message of himself in the bath, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf: iv. Messages which were of a sexual nature, ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that Mr Brown admitted, in the signed Agreed Statement of Facts dated ./BrownDavidSecofStatedecisionforWeb.pdf-10 February 2017, that he sent Pupil A the messages in the terms described in the ./BrownDavidSecofStatedecisionforWeb.pdf:allegation and that the messages were of a sexual nature. Mr Brown also admitted to ./BrownDavidSecofStatedecisionforWeb.pdf-sending such messages in the Notice of Referral Form dated 13 July 2016 and in the ./BrownDavidSecofStatedecisionforWeb.pdf-Notice of Proceedings Form dated 16 February 2017. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered the written evidence of Parent Z who stated that she looked ./BrownDavidSecofStatedecisionforWeb.pdf-through Pupil A’s laptop which contained messages exchanged between Mr Brown and ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A. She noted that she found a large volume of text messages dating back to ./BrownDavidSecofStatedecisionforWeb.pdf-February 2015. These messages started off as innocuous, but “Pupil A’s tone was one of ./BrownDavidSecofStatedecisionforWeb.pdf-trust … it seemed Mr Brown was praying on her vulnerabilities”. She explained that, “the ./BrownDavidSecofStatedecisionforWeb.pdf-text messages quite quickly escalated into flirtatious chat and by the summer of 2015 Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown had sent naked images of himself in his bath to Pupil A”. In her statement dated ./BrownDavidSecofStatedecisionforWeb.pdf-21 September 2015, Parent Z said that, ”the texts were extremely explicit and quite often ./BrownDavidSecofStatedecisionforWeb.pdf-[Mr Brown] would text her to switch to WhatsApp as it was safer”. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:The panel had regard to the School’s Child Protection policy which defines sexual abuse ./BrownDavidSecofStatedecisionforWeb.pdf:as, “forcing or enticing a child to take part in sexual activities … [and] may include … ./BrownDavidSecofStatedecisionforWeb.pdf:encouraging children to behave in sexually inappropriate ways”. The panel also referred ./BrownDavidSecofStatedecisionforWeb.pdf-to the School’s Staff Prudence Guidance and Code of Conduct which stated, “A member ./BrownDavidSecofStatedecisionforWeb.pdf-of staff on his/her own should not be with a pupil on their own” and “Staff should not meet ./BrownDavidSecofStatedecisionforWeb.pdf-with pupil alone off the school premises”. The policy goes onto state, “All teachers are in ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 8 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-a position of trust” and that, “Allowing any sort of dependent relationship to develop with ./BrownDavidSecofStatedecisionforWeb.pdf-a pupil is a breach of this trust”. In addition, the policy provides, “Great care should be ./BrownDavidSecofStatedecisionforWeb.pdf:taken to ensure that no romantic or sexual relationship, no matter how one-sided, is ./BrownDavidSecofStatedecisionforWeb.pdf-allowed to develop between a teacher and a pupil … it is a breach of trust … for a ./BrownDavidSecofStatedecisionforWeb.pdf:teacher to initiate a romantic or sexual relationship with a pupil after that pupil has left ./BrownDavidSecofStatedecisionforWeb.pdf-school”. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that Pupil A was a pupil attending the School. She is said to have left ./BrownDavidSecofStatedecisionforWeb.pdf-the School as a pupil in the summer term 2015, although the panel noted that Pupil A ./BrownDavidSecofStatedecisionforWeb.pdf-was re-taking one of her A-Levels in the autumn term 2015. The panel considered that ./BrownDavidSecofStatedecisionforWeb.pdf-the relationship between Mr Brown and Pupil A arose as a result of their contact at the ./BrownDavidSecofStatedecisionforWeb.pdf-School and therefore could be categorised as a pupil/teacher relationship. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered all of the evidence, and on the balance of probabilities the panel ./BrownDavidSecofStatedecisionforWeb.pdf-found that Mr Brown was more likely than not to have sent the messages to Pupil A in the ./BrownDavidSecofStatedecisionforWeb.pdf-terms described in the allegation. Having regard to appropriate teacher/pupil relationship ./BrownDavidSecofStatedecisionforWeb.pdf-and the relevant policies, the panel concluded that Mr Brown’s actions amounted to a ./BrownDavidSecofStatedecisionforWeb.pdf-failure to maintain appropriate professional standards and appropriate professional ./BrownDavidSecofStatedecisionforWeb.pdf-boundaries. Consequently, the panel find this particular of the allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- b. Entered into an inappropriate relationship with Pupil A including ./BrownDavidSecofStatedecisionforWeb.pdf: engaging in sexual activity on one or more occasions; ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that Mr Brown admitted, in the signed Agreed Statement of Facts dated ./BrownDavidSecofStatedecisionforWeb.pdf-10 February 2017, that he entered into an inappropriate relationship with Pupil A which ./BrownDavidSecofStatedecisionforWeb.pdf:included engaging in sexual activity. Mr Brown also admitted to this allegation in the ./BrownDavidSecofStatedecisionforWeb.pdf-Notice of Proceedings Form dated 16 February 2017. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered the written evidence of Parent Z who stated, “it was clear that a ./BrownDavidSecofStatedecisionforWeb.pdf-physical relationship had begun as there were explicit references to Pupil A and Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown having had sex within the text messages”. In the written evidence of Individual B, ./BrownDavidSecofStatedecisionforWeb.pdf-he recalled that during his meeting with Pupil A she explained that, “in early July 2015 the ./BrownDavidSecofStatedecisionforWeb.pdf:relationship took on a sexual nature”. He noted from his meeting with Mr Brown that Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown, “admitted that he had a sexual relationship with Pupil A but stated that it was not ./BrownDavidSecofStatedecisionforWeb.pdf-whilst she was a pupil at the School”. In the email exchange between Individual B and ./BrownDavidSecofStatedecisionforWeb.pdf-Individual C [HR Advisor] it is acknowledged that Mr Brown disputed the date upon which ./BrownDavidSecofStatedecisionforWeb.pdf:the sexual relationship began; he indicated it was after the summer term had finished and ./BrownDavidSecofStatedecisionforWeb.pdf-not at the beginning of July. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:The panel also noted that prior to the sexual encounter, Mr Brown provided Pupil A with ./BrownDavidSecofStatedecisionforWeb.pdf-free singing lessons, a part time job and then later, bought her an iPhone on which they ./BrownDavidSecofStatedecisionforWeb.pdf-could communicate. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 9 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel had regard to the School’s Child Protection policy and the School’s Staff ./BrownDavidSecofStatedecisionforWeb.pdf-Prudence Guidance and Code of Conduct, the relevant parts being outlined in allegation ./BrownDavidSecofStatedecisionforWeb.pdf-1(a). ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:Both Pupil A and Mr Brown accepted that they engaged in sexual activity during the time ./BrownDavidSecofStatedecisionforWeb.pdf-period set out in allegation 1, albeit that they differed in their accounts of precisely when ./BrownDavidSecofStatedecisionforWeb.pdf-such activity took place. The panel considered the School’s note of their meeting with ./BrownDavidSecofStatedecisionforWeb.pdf:Pupil A, where she discussed the sexual encounter noting that she was, “very conscious ./BrownDavidSecofStatedecisionforWeb.pdf-of the end of term”. The panel therefore concluded that it was more probable than not ./BrownDavidSecofStatedecisionforWeb.pdf-that the activity occurred during the time period set out in allegation 1. In any event, the ./BrownDavidSecofStatedecisionforWeb.pdf:panel considered that the sexual activity arose from the relationship that developed from ./BrownDavidSecofStatedecisionforWeb.pdf-February 2015 and was rooted in Mr Brown’s contact with Pupil A, whilst she was a pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered all of the evidence, and on the balance of probabilities the panel ./BrownDavidSecofStatedecisionforWeb.pdf:found that Mr Brown was more likely than not to have engaged in sexual activity with ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A on one or more occasions, this amounting to an inappropriate relationship. The ./BrownDavidSecofStatedecisionforWeb.pdf-panel also considered that the provision of the free singing lessons and the paid part time ./BrownDavidSecofStatedecisionforWeb.pdf-job, could be seen as an attempt to foster a relationship, which the panel regard as ./BrownDavidSecofStatedecisionforWeb.pdf-inappropriate. The relationship was spawned out of the position of trust that Mr Brown ./BrownDavidSecofStatedecisionforWeb.pdf-had, and the panel considered this to be inappropriate. Having regard to appropriate ./BrownDavidSecofStatedecisionforWeb.pdf-teacher/pupil relationships and the relevant policies, the panel concluded that Mr Brown’s ./BrownDavidSecofStatedecisionforWeb.pdf-actions amounted to a failure to maintain appropriate professional standards and ./BrownDavidSecofStatedecisionforWeb.pdf-appropriate professional boundaries. Consequently, the panel find this particular of the ./BrownDavidSecofStatedecisionforWeb.pdf-allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 2. His conduct as set out at paragraphs 1(a)(iii) and/or 1(a)(iv) and/or 1(b) ./BrownDavidSecofStatedecisionforWeb.pdf: above was sexually motivated. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-As the panel found the allegations proven, the panel went on to consider the two stage ./BrownDavidSecofStatedecisionforWeb.pdf:test for sexual motivation – firstly, whether on the balance of probabilities a reasonable ./BrownDavidSecofStatedecisionforWeb.pdf:person would think the actions could be sexual and secondly whether, in all the ./BrownDavidSecofStatedecisionforWeb.pdf-circumstances of the conduct in the case, it was more likely than not that the teacher’s ./BrownDavidSecofStatedecisionforWeb.pdf:purpose in such actions was sexual. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In the signed Agreed Statement of Facts dated 10 February 2017, Mr Brown accepted ./BrownDavidSecofStatedecisionforWeb.pdf:that his actions were sexually motivated. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that the facts of the allegations found to be proven against Mr Brown, ./BrownDavidSecofStatedecisionforWeb.pdf-included, but were not limited to, the following inappropriate words and actions: ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:  sending inappropriate messages to Pupil A, some of which were of a sexual ./BrownDavidSecofStatedecisionforWeb.pdf- nature ./BrownDavidSecofStatedecisionforWeb.pdf-  sending Pupil A a picture of himself in the bath ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- 10 ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf:  engaging in sexual activity with Pupil A ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Upon consideration of the evidence, the panel was satisfied that Mr Brown’s words and ./BrownDavidSecofStatedecisionforWeb.pdf:actions would be viewed by a reasonable person as sexual. In reaching its decision, the ./BrownDavidSecofStatedecisionforWeb.pdf:panel noted that the very nature of his actions (for instance engaging in sexual activity) ./BrownDavidSecofStatedecisionforWeb.pdf-and the very nature of the words (for instance sending indecent messages) would suffice ./BrownDavidSecofStatedecisionforWeb.pdf-to satisfy this element of the test. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Turning to the second limb, whether in all the circumstances of the conduct of the case, ./BrownDavidSecofStatedecisionforWeb.pdf:the purpose of such actions was sexual on Mr Brown’s part, the panel was satisfied, in ./BrownDavidSecofStatedecisionforWeb.pdf-the absence of any reasonable explanation and as a result of the proven facts, that Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown’s intention behind these actions was for sexual gratification. Therefore, the panel ./BrownDavidSecofStatedecisionforWeb.pdf-found this allegation to be proven. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Findings as to unacceptable professional conduct and/or conduct that ./BrownDavidSecofStatedecisionforWeb.pdf-may bring the profession into disrepute ./BrownDavidSecofStatedecisionforWeb.pdf-Having found all of the allegations to have been proven, the panel has gone on to ./BrownDavidSecofStatedecisionforWeb.pdf-consider whether the facts of those proven allegations amount to unacceptable ./BrownDavidSecofStatedecisionforWeb.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-  teachers must have an understanding of, and always act within, the statutory ./BrownDavidSecofStatedecisionforWeb.pdf- frameworks which set out their professional duties and responsibilities ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel is satisfied that the conduct of Mr Brown, which involved sending inappropriate ./BrownDavidSecofStatedecisionforWeb.pdf-messages to a pupil which included encouraging her to take drugs and messages of a ./BrownDavidSecofStatedecisionforWeb.pdf:sexual nature, and engaging in sexual activity with the pupil, fell significantly short of the ./BrownDavidSecofStatedecisionforWeb.pdf-standards expected of the profession. The panel considered the relationship between Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown and Pupil A was borne out of the position of trust in that Mr Brown was a teacher ./BrownDavidSecofStatedecisionforWeb.pdf-at Pupil A’s school; the panel took the view that this position of trust continued even when ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A became a “Gap Year Student” at the School. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has also considered whether Mr Brown’s conduct mirrored behaviours ./BrownDavidSecofStatedecisionforWeb.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./BrownDavidSecofStatedecisionforWeb.pdf:has found that the offence of sexual activity is relevant. The Advice indicates that where ./BrownDavidSecofStatedecisionforWeb.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./BrownDavidSecofStatedecisionforWeb.pdf-individual’s conduct would amount to unacceptable professional conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel noted that the allegations took place outside of the education setting and in ./BrownDavidSecofStatedecisionforWeb.pdf-such circumstances misconduct will only amount to unacceptable professional conduct if ./BrownDavidSecofStatedecisionforWeb.pdf-it affects the way the person fulfils their teaching role or may lead to pupils being exposed ./BrownDavidSecofStatedecisionforWeb.pdf-to or influenced by the behaviour in a harmful way. The panel noted that the facts ./BrownDavidSecofStatedecisionforWeb.pdf-surrounding the allegations were not said to have impacted the manner in which Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown fulfilled his role as a teacher. However, there is clear evidence from the underlying ./BrownDavidSecofStatedecisionforWeb.pdf-facts that Mr Brown’s conduct did lead to the pupil being exposed to or influenced by his ./BrownDavidSecofStatedecisionforWeb.pdf-behaviour in a harmful way; for instance, he accepted sending messages encouraging ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to take drugs, which had the potential to affect her judgment. Furthermore, he ./BrownDavidSecofStatedecisionforWeb.pdf:engaged in sexual activity with the pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Accordingly, the panel is satisfied that Mr Brown is guilty of unacceptable professional ./BrownDavidSecofStatedecisionforWeb.pdf-conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has taken into account how the teaching profession is viewed by others and ./BrownDavidSecofStatedecisionforWeb.pdf-considered the influence that teachers may have on pupils, parents and others in the ./BrownDavidSecofStatedecisionforWeb.pdf-community. The panel has taken account of the uniquely influential role that teachers can ./BrownDavidSecofStatedecisionforWeb.pdf-hold in pupils’ lives and that pupils must be able to view teachers as role models in the ./BrownDavidSecofStatedecisionforWeb.pdf-way they behave. ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-are likely to have punitive effect. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has considered the particular public interest considerations set out in the ./BrownDavidSecofStatedecisionforWeb.pdf-Advice and having done so has found a number of them to be relevant in this case, ./BrownDavidSecofStatedecisionforWeb.pdf-namely the protection of pupils, the protection of other members of the public, the ./BrownDavidSecofStatedecisionforWeb.pdf-maintenance of public confidence in the profession and declaring and upholding proper ./BrownDavidSecofStatedecisionforWeb.pdf-standards of conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In light of the panel’s findings against Mr Brown, which involved sending inappropriate ./BrownDavidSecofStatedecisionforWeb.pdf-messages to a pupil which included encouraging her to take drugs and messages of a ./BrownDavidSecofStatedecisionforWeb.pdf:sexual nature, and engaging in sexual activity with the pupil, there is a strong public ./BrownDavidSecofStatedecisionforWeb.pdf-interest consideration in respect of the protection of pupils given the serious findings of ./BrownDavidSecofStatedecisionforWeb.pdf-inappropriate relationships with Pupil A. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./BrownDavidSecofStatedecisionforWeb.pdf-weakened if conduct such as that found against Mr Brown were not treated with the ./BrownDavidSecofStatedecisionforWeb.pdf-utmost seriousness when regulating the conduct of the profession. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered that a strong public interest consideration in declaring proper ./BrownDavidSecofStatedecisionforWeb.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown was outside that which could reasonably be tolerated. -- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel found that Mr Brown’s conduct involved serious departures from the personal ./BrownDavidSecofStatedecisionforWeb.pdf-and professional conduct elements of the Teachers’ Standards, as the panel has already ./BrownDavidSecofStatedecisionforWeb.pdf-detailed above. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./BrownDavidSecofStatedecisionforWeb.pdf- particularly where there is a continuing risk ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel found that the misconduct did affect the well-being of Pupil A, as ultimately Mr ./BrownDavidSecofStatedecisionforWeb.pdf:Brown engaged in sexual activity with Pupil A. Given the lack of insight and remorse ./BrownDavidSecofStatedecisionforWeb.pdf-shown by Mr Brown, the panel considered that there was a continuing risk. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./BrownDavidSecofStatedecisionforWeb.pdf- rights of pupils ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel considered that Mr Brown’s conduct, in relation to the proven allegations, ./BrownDavidSecofStatedecisionforWeb.pdf-involved an abuse of his position and trust. His conduct involved a violation of the right of ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to be safeguarded in her position as a pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./BrownDavidSecofStatedecisionforWeb.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./BrownDavidSecofStatedecisionforWeb.pdf- from the individual’s professional position. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf:The panel found allegation 2 proven, noting that Mr Brown’s actions were sexually ./BrownDavidSecofStatedecisionforWeb.pdf-motivated. He exploited the trust he gained in his position as a teacher in order to engage ./BrownDavidSecofStatedecisionforWeb.pdf:in sexual activity with Pupil A. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Even though there were behaviours that would point to a prohibition order being ./BrownDavidSecofStatedecisionforWeb.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./BrownDavidSecofStatedecisionforWeb.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./BrownDavidSecofStatedecisionforWeb.pdf-measure to impose, particularly taking into account the nature and severity of the ./BrownDavidSecofStatedecisionforWeb.pdf-behaviour in this case. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Given the nature of the behaviour, the panel held that Mr Brown’s actions were deliberate ./BrownDavidSecofStatedecisionforWeb.pdf-and it had seen no evidence to suggest that he was acting under duress. The panel ./BrownDavidSecofStatedecisionforWeb.pdf-noted that, as far as they are aware, in his role as a teacher, Mr Brown had not been -- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./BrownDavidSecofStatedecisionforWeb.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./BrownDavidSecofStatedecisionforWeb.pdf-Recommending that publication of adverse findings is sufficient in the case would ./BrownDavidSecofStatedecisionforWeb.pdf-unacceptably compromise the public interest considerations present in this case, despite ./BrownDavidSecofStatedecisionforWeb.pdf-the severity of consequences for the teacher of prohibition. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./BrownDavidSecofStatedecisionforWeb.pdf-has decided that the public interest considerations outweigh the interests of Mr Brown. ./BrownDavidSecofStatedecisionforWeb.pdf:The nature of the text messages, resulting in Mr Brown engaging in sexual activity with ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A, coupled with the lack of insight were significant factors in forming that opinion. ./BrownDavidSecofStatedecisionforWeb.pdf-Accordingly, the panel makes a recommendation to the Secretary of State that a ./BrownDavidSecofStatedecisionforWeb.pdf-prohibition order should be imposed with immediate effect. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./BrownDavidSecofStatedecisionforWeb.pdf-recommend that a review period of the order should be considered. The panel was ./BrownDavidSecofStatedecisionforWeb.pdf-mindful that the Advice indicates that a prohibition order applies for life, but there may be ./BrownDavidSecofStatedecisionforWeb.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./BrownDavidSecofStatedecisionforWeb.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./BrownDavidSecofStatedecisionforWeb.pdf-less than 2 years. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The Advice states that there are behaviours that, if proven, would militate against a ./BrownDavidSecofStatedecisionforWeb.pdf-review period being recommended. These behaviours include class A drug abuse or ./BrownDavidSecofStatedecisionforWeb.pdf:supply and serious sexual misconduct, e.g. where the act was sexually motivated and ./BrownDavidSecofStatedecisionforWeb.pdf-resulted in or had the potential to result in, harm to a person or persons, particularly ./BrownDavidSecofStatedecisionforWeb.pdf-where the individual has used their professional position to influence or exploit a person ./BrownDavidSecofStatedecisionforWeb.pdf-or persons. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has found that Mr Brown abused his position as a teacher, and the trust built ./BrownDavidSecofStatedecisionforWeb.pdf-up with the pupil to behave in an inappropriate manner, resulting in him engaging in ./BrownDavidSecofStatedecisionforWeb.pdf:sexual activity with Pupil A, persistently sending sexualised messages to the pupil, and ./BrownDavidSecofStatedecisionforWeb.pdf-encouraging her to take drugs. The panel do not consider that Mr Brown has shown ./BrownDavidSecofStatedecisionforWeb.pdf-sufficient insight or remorse for his actions or the impact they have had upon the ./BrownDavidSecofStatedecisionforWeb.pdf-individuals involved. The panel felt the findings indicated a situation in which a review ./BrownDavidSecofStatedecisionforWeb.pdf-period would not be appropriate and as such decided that it would be proportionate in all ./BrownDavidSecofStatedecisionforWeb.pdf-the circumstances for the prohibition order to be recommended without provision for a ./BrownDavidSecofStatedecisionforWeb.pdf-review period. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-Decision and reasons on behalf of the Secretary of State ./BrownDavidSecofStatedecisionforWeb.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./BrownDavidSecofStatedecisionforWeb.pdf- o ensuring that personal beliefs are not expressed in ways which exploit pupils’ ./BrownDavidSecofStatedecisionforWeb.pdf- vulnerability or might lead them to break the law ./BrownDavidSecofStatedecisionforWeb.pdf-  teachers must have proper and professional regard for the ethos, policies and ./BrownDavidSecofStatedecisionforWeb.pdf- practices of the school in which they teach, and maintain high standards … ./BrownDavidSecofStatedecisionforWeb.pdf-  teachers must have an understanding of, and always act within, the statutory ./BrownDavidSecofStatedecisionforWeb.pdf- frameworks which set out their professional duties and responsibilities ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has set out that it is satisfied that the conduct of Mr Brown, which involved ./BrownDavidSecofStatedecisionforWeb.pdf-sending inappropriate messages to a pupil which included encouraging her to take drugs ./BrownDavidSecofStatedecisionforWeb.pdf:and messages of a sexual nature, and engaging in sexual activity with the pupil, fell ./BrownDavidSecofStatedecisionforWeb.pdf-significantly short of the standards expected of the profession. The panel also considered ./BrownDavidSecofStatedecisionforWeb.pdf-the relationship between Mr Brown and Pupil A was borne out of the position of trust in ./BrownDavidSecofStatedecisionforWeb.pdf-that Mr Brown was a teacher at Pupil A’s school; the panel took the view that this position ./BrownDavidSecofStatedecisionforWeb.pdf-of trust continued even when Pupil A became a “Gap Year Student” at the School. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has also set out its consideration of Mr Brown’s conduct in terms of the ./BrownDavidSecofStatedecisionforWeb.pdf-behaviours associated with the offences listed on pages 8 and 9 of the Advice. The panel ./BrownDavidSecofStatedecisionforWeb.pdf:has found that the offence of sexual activity is relevant. The Advice indicates that where ./BrownDavidSecofStatedecisionforWeb.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./BrownDavidSecofStatedecisionforWeb.pdf-individual’s conduct would amount to unacceptable professional conduct. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-The panel has noted that the allegations took place outside of the education setting and ./BrownDavidSecofStatedecisionforWeb.pdf-in such circumstances misconduct will only amount to unacceptable professional conduct ./BrownDavidSecofStatedecisionforWeb.pdf-if it affects the way the person fulfils their teaching role or may lead to pupils being ./BrownDavidSecofStatedecisionforWeb.pdf-exposed to or influenced by the behaviour in a harmful way. The panel noted that the ./BrownDavidSecofStatedecisionforWeb.pdf-facts surrounding the allegations were not said to have impacted the manner in which Mr ./BrownDavidSecofStatedecisionforWeb.pdf-Brown fulfilled his role as a teacher. However, there is clear evidence from the underlying ./BrownDavidSecofStatedecisionforWeb.pdf-facts that Mr Brown’s conduct did lead to the pupil being exposed to or influenced by his -- ./BrownDavidSecofStatedecisionforWeb.pdf-behaviour in a harmful way; for instance, he accepted sending messages encouraging ./BrownDavidSecofStatedecisionforWeb.pdf-Pupil A to take drugs, which had the potential to affect her judgment. Furthermore, he ./BrownDavidSecofStatedecisionforWeb.pdf:engaged in sexual activity with the pupil. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./BrownDavidSecofStatedecisionforWeb.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./BrownDavidSecofStatedecisionforWeb.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./BrownDavidSecofStatedecisionforWeb.pdf-profession. I have considered the extent to which a prohibition order in this case would ./BrownDavidSecofStatedecisionforWeb.pdf-achieve that aim, taking into account the impact that it will have on the individual teacher. ./BrownDavidSecofStatedecisionforWeb.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./BrownDavidSecofStatedecisionforWeb.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./BrownDavidSecofStatedecisionforWeb.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./BrownDavidSecofStatedecisionforWeb.pdf-whether the consequences of such a publication are themselves sufficient. I have ./BrownDavidSecofStatedecisionforWeb.pdf-considered therefore whether or not prohibiting Mr Brown, and the impact that will have ./BrownDavidSecofStatedecisionforWeb.pdf-on him, is proportionate. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In this case I have considered the extent to which a prohibition order would protect ./BrownDavidSecofStatedecisionforWeb.pdf-children. The panel has observed “the misconduct did affect the well-being of Pupil A, as ./BrownDavidSecofStatedecisionforWeb.pdf:ultimately Mr Brown engaged in sexual activity with Pupil A. Given the lack of insight and ./BrownDavidSecofStatedecisionforWeb.pdf-remorse shown by Mr Brown, the panel considered that there was a continuing risk.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- A prohibition order would therefore prevent such a risk from being present. I have also ./BrownDavidSecofStatedecisionforWeb.pdf-taken into account the panel’s comments as follows, “Mr Brown’s conduct, in relation to ./BrownDavidSecofStatedecisionforWeb.pdf-the proven allegations, involved an abuse of his position and trust. His conduct involved a ./BrownDavidSecofStatedecisionforWeb.pdf-violation of the right of Pupil A to be safeguarded in her position as a pupil.” In my ./BrownDavidSecofStatedecisionforWeb.pdf:judgement, the nature of the behaviour which was sexual and the lack of insight means ./BrownDavidSecofStatedecisionforWeb.pdf-that there is a significant risk of the repetition of this behaviour and this risks future pupils’ ./BrownDavidSecofStatedecisionforWeb.pdf-welfare and well-being. I have therefore given this element considerable weight in ./BrownDavidSecofStatedecisionforWeb.pdf-reaching my decision. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./BrownDavidSecofStatedecisionforWeb.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./BrownDavidSecofStatedecisionforWeb.pdf-could be seriously weakened if conduct such as that found against Mr Brown were not ./BrownDavidSecofStatedecisionforWeb.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./BrownDavidSecofStatedecisionforWeb.pdf:particularly mindful of the finding of sexual misconduct in this case. The panel says that ./BrownDavidSecofStatedecisionforWeb.pdf-Mr Brown “exploited the trust he gained in his position as a teacher in order to engage in ./BrownDavidSecofStatedecisionforWeb.pdf:sexual activity with Pupil A.” I have therefore given this element considerable weight in ./BrownDavidSecofStatedecisionforWeb.pdf-my determination of this case. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I consider that the public has a high expectation of professional standards of all teachers ./BrownDavidSecofStatedecisionforWeb.pdf-and that failure to impose a prohibition order might be regarded by the public as a failure ./BrownDavidSecofStatedecisionforWeb.pdf-to uphold those high standards. In weighing these considerations I have had to consider ./BrownDavidSecofStatedecisionforWeb.pdf-the matter from the point of view of an “ordinary, intelligent and well-informed citizen.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf- -- ./BrownDavidSecofStatedecisionforWeb.pdf-I have considered whether the publication of a finding of unacceptable professional ./BrownDavidSecofStatedecisionforWeb.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as ./BrownDavidSecofStatedecisionforWeb.pdf-being a proportionate response to the misconduct that has been found proven in this ./BrownDavidSecofStatedecisionforWeb.pdf:case. In my judgement for a case involving sexual misconduct of this nature publication ./BrownDavidSecofStatedecisionforWeb.pdf-alone is not sufficient. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have also considered the impact of a prohibition order on Mr Brown himself. The panel ./BrownDavidSecofStatedecisionforWeb.pdf-reports that there is no evidence of previous misconduct. The panel also notes “Mr Brown ./BrownDavidSecofStatedecisionforWeb.pdf-is said to have been an excellent teacher, although no evidence has been put before it to ./BrownDavidSecofStatedecisionforWeb.pdf-attest to this.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-A prohibition order would prevent Mr Brown from continuing to practice as a teacher. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./BrownDavidSecofStatedecisionforWeb.pdf-lack of insight or remorse. The panel has said, “Mr Brown abused his position as a ./BrownDavidSecofStatedecisionforWeb.pdf-teacher, and the trust built up with the pupil to behave in an inappropriate manner, ./BrownDavidSecofStatedecisionforWeb.pdf:resulting in him engaging in sexual activity with Pupil A, persistently sending sexualised ./BrownDavidSecofStatedecisionforWeb.pdf-messages to the pupil, and encouraging her to take drugs.” ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have also placed considerable weight on the finding of the panel in that respect. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-I have also taken note of the published advice from the Secretary of State that sets out ./BrownDavidSecofStatedecisionforWeb.pdf-that these behaviours are to be treated with the utmost seriousness. ./BrownDavidSecofStatedecisionforWeb.pdf- ./BrownDavidSecofStatedecisionforWeb.pdf-In my view, it is necessary to impose a prohibition order in order to maintain public ./BrownDavidSecofStatedecisionforWeb.pdf-confidence in the profession and to protect children. I concluded that a prohibition order ./BrownDavidSecofStatedecisionforWeb.pdf-is proportionate and in the public interest in order to achieve the aims which a prohibition ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ix. telling her "fuck my career, I want to marry you". ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- d. exchanging text messages with her using his personal mobile phone; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- e. speaking to her using his personal mobile phone; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- f. instructing her to delete her communications with him on or around 7 May ./Browne__Michael_14381_-_WEB_Decision.pdf- 2015. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:2. In doing 1.c. above, his conduct was sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- Mr Browne admitted the facts alleged in 1 a to f and admitted that his conduct amounted ./Browne__Michael_14381_-_WEB_Decision.pdf-to unacceptable professional conduct and conduct that may bring the profession into ./Browne__Michael_14381_-_WEB_Decision.pdf-disrepute. Mr Brown denied allegation 2. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-C. Preliminary applications ./Browne__Michael_14381_-_WEB_Decision.pdf-Application to admit additional document ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The presenting officer made an application to admit an additional document consisting of -- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- e. speaking to her using your personal mobile phone; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- f. instructing her to delete her communications with you on or around 7 ./Browne__Michael_14381_-_WEB_Decision.pdf- May 2015. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-Mr Browne has admitted the facts alleged in 1 a to f and has signed a statement of ./Browne__Michael_14381_-_WEB_Decision.pdf-agreed facts to that effect. The panel finds the facts of 1 a to f proved based on Mr ./Browne__Michael_14381_-_WEB_Decision.pdf-Browne's admissions and the content of the agreed statement of facts. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:2. In doing 1.c. above, your conduct was sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:Mr Brown has admitted that his email messages included sexual language and ./Browne__Michael_14381_-_WEB_Decision.pdf:conversations of a sexual nature. However, Mr Browne has denied that his conduct was ./Browne__Michael_14381_-_WEB_Decision.pdf:sexually motivated. The panel accepted the legal advice that, in order to find this ./Browne__Michael_14381_-_WEB_Decision.pdf-allegation proved, the National College must establish that it is more likely than not that ./Browne__Michael_14381_-_WEB_Decision.pdf-Mr Browne's conduct in sending some of the emails was for a purpose which included ./Browne__Michael_14381_-_WEB_Decision.pdf:some form of sexual gratification. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel accepted Mr Browne's explanation that there was no plan or intention on his ./Browne__Michael_14381_-_WEB_Decision.pdf-part to engage in a physical relationship with Student A and the National College has not ./Browne__Michael_14381_-_WEB_Decision.pdf-put the case against Mr Browne on that basis. The panel took careful account of the ./Browne__Michael_14381_-_WEB_Decision.pdf-video recording of Student A's interview with the police. The panel noted that Student A ./Browne__Michael_14381_-_WEB_Decision.pdf-said that she had not been offended by the emails. Student A gave a clear indication that ./Browne__Michael_14381_-_WEB_Decision.pdf-she did not feel Mr Browne had any intention of pursuing a physical relationship with her. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel has carefully considered the content of the emails and Mr Browne's own ./Browne__Michael_14381_-_WEB_Decision.pdf-evidence. The panel accepted that a large proportion of the emails could be regarded as ./Browne__Michael_14381_-_WEB_Decision.pdf-light-hearted banter (e.g the reference to 'future wife' at 1ci). Student A's evidence ./Browne__Michael_14381_-_WEB_Decision.pdf-supported this. In the context of a teacher – student relationship, they were inappropriate, ./Browne__Michael_14381_-_WEB_Decision.pdf:but the panel was not satisfied they were sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- 7 ./Browne__Michael_14381_-_WEB_Decision.pdf- -- ./Browne__Michael_14381_-_WEB_Decision.pdf-However, Mr Browne was unable to explain the content of, or why he had sent, some of ./Browne__Michael_14381_-_WEB_Decision.pdf:the emails which had sexualised comments, including, in particular, the words at ./Browne__Michael_14381_-_WEB_Decision.pdf-paragraphs 1cii and iii. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-On the balance of probabilities, the panel concluded that Mr Browne must have been ./Browne__Michael_14381_-_WEB_Decision.pdf:thinking about Student A in a sexual way and, on that basis, his conduct involved an ./Browne__Michael_14381_-_WEB_Decision.pdf:element of sexual gratification. Accordingly, his conduct was sexually motivated and the ./Browne__Michael_14381_-_WEB_Decision.pdf-panel finds allegation 2 proved on that basis. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Browne__Michael_14381_-_WEB_Decision.pdf-may bring the profession into disrepute ./Browne__Michael_14381_-_WEB_Decision.pdf-Mr Browne has admitted that his conduct in relation to allegation 1 amounted to ./Browne__Michael_14381_-_WEB_Decision.pdf-unacceptable professional conduct and conduct that may bring the profession into ./Browne__Michael_14381_-_WEB_Decision.pdf-disrepute. The panel took these admissions into account, but made its own ./Browne__Michael_14381_-_WEB_Decision.pdf-determination. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-Having found allegation 1 and 2 to have been proven, the panel has gone on to consider -- ./Browne__Michael_14381_-_WEB_Decision.pdf-other members of the public was not relevant in this case. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-In carrying out the balancing exercise, the panel has had regard to the public interest ./Browne__Michael_14381_-_WEB_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Browne__Michael_14381_-_WEB_Decision.pdf-Browne. The panel took further account of the Advice, which suggests that a prohibition ./Browne__Michael_14381_-_WEB_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Browne__Michael_14381_-_WEB_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Browne__Michael_14381_-_WEB_Decision.pdf- Teachers’ Standards; ./Browne__Michael_14381_-_WEB_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated; ./Browne__Michael_14381_-_WEB_Decision.pdf-Even though there were behaviours that would point to a prohibition order as being ./Browne__Michael_14381_-_WEB_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Browne__Michael_14381_-_WEB_Decision.pdf-factors to militate against a prohibition order as being an appropriate and proportionate ./Browne__Michael_14381_-_WEB_Decision.pdf-measure to impose, particularly taking into account the nature of the behaviour in this ./Browne__Michael_14381_-_WEB_Decision.pdf-case. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- 9 ./Browne__Michael_14381_-_WEB_Decision.pdf- -- ./Browne__Michael_14381_-_WEB_Decision.pdf-Browne. Accordingly, the panel makes a recommendation to the Secretary of State that a ./Browne__Michael_14381_-_WEB_Decision.pdf-prohibition order should be imposed with immediate effect. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel went on to consider whether or not to recommend that a review period of the ./Browne__Michael_14381_-_WEB_Decision.pdf-order should be considered. The panel was mindful of the Advice that a prohibition order ./Browne__Michael_14381_-_WEB_Decision.pdf-applies for life, but there may be circumstances in any given case that may make it ./Browne__Michael_14381_-_WEB_Decision.pdf-appropriate to allow a teacher to apply to have the prohibition order reviewed after a ./Browne__Michael_14381_-_WEB_Decision.pdf-specified period of time that may not be less than 2 years. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Browne__Michael_14381_-_WEB_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Browne__Michael_14381_-_WEB_Decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Browne__Michael_14381_-_WEB_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Browne__Michael_14381_-_WEB_Decision.pdf-used their professional position to influence or exploit a person or persons. As already ./Browne__Michael_14381_-_WEB_Decision.pdf-stated, the panel is satisfied that the conduct of Mr Browne in sending some of the emails ./Browne__Michael_14381_-_WEB_Decision.pdf:involved sexual misconduct on the basis that these were sexually motivated. However, ./Browne__Michael_14381_-_WEB_Decision.pdf:the panel is not satisfied that this could be described as serious sexual misconduct as the ./Browne__Michael_14381_-_WEB_Decision.pdf-conduct did not result in any harm and there is no evidence that Mr Browne used his ./Browne__Michael_14381_-_WEB_Decision.pdf-professional position to exploit any person. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel noted Mr Browne's expressions of remorse, which the panel regarded as ./Browne__Michael_14381_-_WEB_Decision.pdf-genuine, and accepted his assurances that he would not engage in email exchanges of a ./Browne__Michael_14381_-_WEB_Decision.pdf-similar nature with pupils in the future. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel felt the findings indicated a situation in which a review period would be ./Browne__Michael_14381_-_WEB_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Browne__Michael_14381_-_WEB_Decision.pdf-for the prohibition order to be recommended with provision for a review period. The -- ./Browne__Michael_14381_-_WEB_Decision.pdf- practices of the school in which they teach. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-The panel also took into account the Advice published by the Secretary of State, which ./Browne__Michael_14381_-_WEB_Decision.pdf-suggests that a prohibition order may be appropriate if certain behaviours of a teacher ./Browne__Michael_14381_-_WEB_Decision.pdf-have been proven. In the list of such behaviours, those that the panel found to be ./Browne__Michael_14381_-_WEB_Decision.pdf-relevant in this case are: ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Browne__Michael_14381_-_WEB_Decision.pdf- Teachers’ Standards; ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I have taken into account the recommendation made by the panel. I have also taken into ./Browne__Michael_14381_-_WEB_Decision.pdf-account the guidance published by the Secretary of State. I have taken into account the ./Browne__Michael_14381_-_WEB_Decision.pdf-need to balance the interests of the public with those of Mr Browne. I have also taken into ./Browne__Michael_14381_-_WEB_Decision.pdf-account the need to be proportionate. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I note that the panel found Mr Browne engaged fully with the NCTL proceedings and ./Browne__Michael_14381_-_WEB_Decision.pdf-demonstrated considerable remorse for his actions which he described as ‘very stupid’. I ./Browne__Michael_14381_-_WEB_Decision.pdf-note Mr Browne presented an impressive number of references and testimonials from a ./Browne__Michael_14381_-_WEB_Decision.pdf-number of colleagues. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-In my judgement the panel’s recommendation is the right one. Mr Browne’s behaviour is ./Browne__Michael_14381_-_WEB_Decision.pdf-such that a prohibition order is appropriate and proportionate. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I have gone on to consider the matter of a review period. The panel has given this matter ./Browne__Michael_14381_-_WEB_Decision.pdf-careful consideration. I note that whilst the panel is satisfied that the conduct of Mr ./Browne__Michael_14381_-_WEB_Decision.pdf:Browne in sending some of the emails involved sexual misconduct, this could not be ./Browne__Michael_14381_-_WEB_Decision.pdf:described as serious sexual misconduct as the conduct did not result in any harm. There ./Browne__Michael_14381_-_WEB_Decision.pdf-is no evidence that Mr Browne used his professional position to exploit any person. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf-I have noted the panel’s comments about Mr Browne’s expressions of remorse, which ./Browne__Michael_14381_-_WEB_Decision.pdf-the panel regarded as genuine. I note the panel also accepted Mr Browne’s assurances ./Browne__Michael_14381_-_WEB_Decision.pdf-that he would not engage in email exchanges of a similar nature with pupils in the future. ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Browne__Michael_14381_-_WEB_Decision.pdf- 11 ./Browne__Michael_14381_-_WEB_Decision.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- e. “your pointless faggy mate really pissed me off” on an unknown date ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- f. "Didn’t even know you were there. You had a fag permanently attached” on an ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- unknown date; ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-10. He threatened Staff Member 1 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- a. in March 2018, with the words “If you ever do that or anything like that to me I will ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- hurt you” ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf: b. with disclosure of a sexually explicit image to pupils at the School, on 26 November ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 2018 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 6 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel was therefore invited to maintain Staff Member 1's designation as a vulnerable ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-witness and direct the following special measures, namely that: ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- • Dr Burns not appear on screen when Staff Member 1 gives evidence; and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- • Staff Member 1 be anonymised in these proceedings. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-As a starting point, the panel agreed that Staff Member 1 should be considered as ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-vulnerable. That was not in dispute and it was identified pursuant to the Application that ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-[REDACTED] was distressed by the prospect of giving evidence. Given this and the ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:nature of the subject-matter in these proceedings, which did touch upon sexual matters, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-the panel agreed that the quality of [REDACTED] evidence was likely to be adversely ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-affected. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel went on to consider what, if any, special measures were appropriate and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-necessary to protect the interests of Staff Member 1. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel agreed that both of the measures sought were necessary and appropriate, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-having undertaken a balancing exercise of the interests of Staff Member 1, Dr Burns and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-the wider public interest in a public hearing and the interests of justice. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-In relation to Dr Burns not appearing on screen, whilst the panel recognised this was not ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-an ideal scenario, there was no practical alternative that the panel considered would ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-meet its concerns. The panel also had in mind that Dr Burns was represented. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-In relation to anonymity, the panel was satisfied that, given the highly private and ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-sensitive nature of [REDACTED] evidence, anonymity was necessary to protect the ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-interests of Staff Member 1. The panel had in mind that Staff Member 1 was only ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-involved in these proceedings due to [REDACTED] position as the alleged victim of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-inappropriate behaviour. [REDACTED] was also, allegedly, the victim of certain acts with ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:sexual implications. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Application to amend allegation 2 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-An application was made by the TRA, at the conclusion of the oral evidence, to amend ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-allegation 2 to read 'told and/or instructed' as opposed to just 'instructed' as originally ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-pleaded. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Both parties submitted this was necessary and appropriate pursuant to the interests of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-justice. Not least, it was agreed it would be inappropriate for allegations to fail for ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-technical reasons. It was suggested that such a scenario was possible in this instance -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Decision and reasons ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel announced its decision and reasons as follows: ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Introduction ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Dr Burns was previously employed as a teacher by The Radycliffe School ("the School"). ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-He commenced work at the School on 1 September 2016 as an assistant headteacher, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-later becoming deputy headteacher. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-In November 2016, Dr Burns began a relationship with a staff member at the School, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:referred to as Staff Member 1. This was a consensual, sexual relationship that lasted ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-until approximately September 2018. From this point onwards, Dr Burns and Staff ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Member 1 continued to have almost daily communication, particularly via messaging. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Between September 2014 to June 2015 and between September 2017 to January 2018, ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Dr Burns was Staff Member 1's line manager. The existence of the relationship was not ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-known to the School. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-It is alleged that between March 2018 and January 2019, Dr Burns acted inappropriately ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-in relation to Staff Member 1 in various respects, including comments made to ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-[REDACTED] , in relation to the nature and content of messages he sent and his alleged -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-given Dr Burns' formal admission, even if that could not be entirely aligned with his ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-evidence, the panel concluded it was more likely than not that such a comment was ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-made. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Whether or not Dr Burns may have been alluding to emotional harm, there was no ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-suggestion that was made explicitly clear to Staff Member 1 and the words were clearly ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-threatening in nature. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel therefore found allegation 10(a) proved. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf: b. with disclosure of a sexually explicit image to pupils at the School, on ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 26 November 2018 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Dr Burns denied the facts of allegation 10(b). ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- 20 ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:There was no dispute that Dr Burns was in possession of a sexually explicit image of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Staff Member 1 in the form of a 'GIF' and that a discussion took place whereby Dr Burns ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-showed it to Staff Member 1. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-It was clear that this upset Staff Member 1 and caused [REDACTED] some distress. It ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-had been produced from an earlier image sent by Staff Member 1 to Dr Burns whilst their ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-relationship was ongoing. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-When initially asked about this image in [REDACTED] investigatory interview, Staff ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-Member 1's response is recorded as being that Dr Burns threatened to "share it around". ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-[REDACTED] is subsequently recorded as adding: -- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel also considered whether Dr Burns' conduct displayed behaviours associated ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-with any of the offences listed on pages 12 and 13 of the Advice. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-professional conduct. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-The panel did have in mind that its findings included incidents involving elements of ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-violence. Its findings in relation to allegation 9 also raised the issue of intolerance on the ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf:grounds of sexual orientation. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-However, the panel was informed that there had been some police involvement in this ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-case, which did not proceed beyond initial enquiries. It was not alleged that Dr Burns' ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-actions, in either respect, amounted to a criminal offence or could be classified as ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-criminal in nature. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-As such, with reference to the Advice, and notwithstanding the concerns these proven ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-actions gave rise to, the panel concluded that none of these offences listed in the Advice ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf-were relevant. ./Burns_David_SoS_Decision__Accessibility_Checked_.pdf- ./Canavan_-_Web_Decision.pdf- 2016 to May 2016 including: ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- a. becoming friends with her on Facebook; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- b. exchanging private messages with her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- c. receiving one or more nude images of her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- d. sending her one or more nude image of yourself; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: e. discussing engaging in sexual activity with her if you met. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: 2. Your conduct at Allegation 1. above was sexually motivated; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 3. In respect of your conduct at Allegation 1. above you received a caution on or ./Canavan_-_Web_Decision.pdf- around 2 August 2016 for possessing an indecent photograph or pseudo- ./Canavan_-_Web_Decision.pdf- photograph of a child on 1 June 2015 - 1 June 2016 contrary to the Criminal ./Canavan_-_Web_Decision.pdf- Justice Act 1988 s.160. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-Mr Canavan has signed a Statement of Agreed Facts dated 19 February 2018 in which ./Canavan_-_Web_Decision.pdf-he admits the above allegations and further admits that the facts of the allegations ./Canavan_-_Web_Decision.pdf-amount to unacceptable professional conduct and conduct that may bring the profession ./Canavan_-_Web_Decision.pdf-into disrepute. -- ./Canavan_-_Web_Decision.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Canavan_-_Web_Decision.pdf-interest. The panel did not determine that such a direction is necessary or appropriate in ./Canavan_-_Web_Decision.pdf-this case. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The School from September 2010 employed Mr Canavan as a teacher until his ./Canavan_-_Web_Decision.pdf-termination by way of resignation on 31 August 2016. Mr Canavan taught Pupil A science ./Canavan_-_Web_Decision.pdf-when she was in Year 7 at the School. Pupil A became Facebook friends with Mr ./Canavan_-_Web_Decision.pdf-Canavan. This was followed by the exchange of numerous messages and photographs ./Canavan_-_Web_Decision.pdf-between Mr Canavan and Pupil A. These included photographs of Mr Canavan naked ./Canavan_-_Web_Decision.pdf-from the waist down and naked photographs of Pupil A. The messages were overtly ./Canavan_-_Web_Decision.pdf:sexually suggestive regarding sexual contact between the two if they were to meet. ./Canavan_-_Web_Decision.pdf-Messages between Pupil A and Mr Canavan ceased in or around May 2016. In June ./Canavan_-_Web_Decision.pdf-2016, Mr Canavan was arrested for possessing an indecent image of a child in relation to ./Canavan_-_Web_Decision.pdf-the six photographs Mr Canavan had of Pupil A on his phone at the time of his arrest. On ./Canavan_-_Web_Decision.pdf-2 August 2016, Mr Canavan received a police caution for possessing an indecent ./Canavan_-_Web_Decision.pdf-photograph or pseudo-photograph of a child. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 5 ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf- March 2016 to May 2016 including: ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- a. becoming friends with her on Facebook; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- b. exchanging private messages with her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- c. receiving one or more nude images of her; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- d. sending her one nude image of yourself; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: e. discussing engaging in sexual activity with her if you met. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel had regard to the signed Statement of Agreed Facts in which Mr Canavan ./Canavan_-_Web_Decision.pdf-admitted this allegation in its entirety. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel also considered the evidence provided in the bundle, namely evidence of the ./Canavan_-_Web_Decision.pdf-School’s investigation report, the Notice of Referral form completed by Mr Canavan and ./Canavan_-_Web_Decision.pdf-the notes from the LADO meeting, which showed that from an early stage, Mr Canavan, ./Canavan_-_Web_Decision.pdf-had admitted the facts of this allegation. The panel noted that Mr Canavan’s admission ./Canavan_-_Web_Decision.pdf-was consistent and there was no evidence that Mr Canavan had attempted to change his ./Canavan_-_Web_Decision.pdf-story or deny the allegations at any stage. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel also considered evidence contained in the police records, which made ./Canavan_-_Web_Decision.pdf-reference to multiple texts and photos being sent and received by Mr Canavan and Pupil ./Canavan_-_Web_Decision.pdf-A. The police records showed that Mr Canavan had messaged Pupil A stating, “I know ./Canavan_-_Web_Decision.pdf-you’re 17 I can’t do anything yet. I will wait until you’re 18. Take you out for a drink and ./Canavan_-_Web_Decision.pdf-get a hotel”. Mr Canavan had also sent Pupil A another message asking, “will you have ./Canavan_-_Web_Decision.pdf:sex with me”. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-In light of this evidence, the panel was satisfied that there was sufficient evidence to find ./Canavan_-_Web_Decision.pdf-this allegation proven. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf: 2. Your conduct at Allegation 1. above was sexually motivated; ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel had regard to the signed Statement of Agreed Facts in which Mr Canavan ./Canavan_-_Web_Decision.pdf-admitted this allegation. The panel also considered the evidence provided in the bundle, ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 6 ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf-namely the police records, which described the nature and content of some of the ./Canavan_-_Web_Decision.pdf-messages and photographs, sent between Mr Canavan and Pupil A. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The police records showed that Mr Canavan had sent numerous text messages asking to ./Canavan_-_Web_Decision.pdf:meet Pupil A for sex. For example, Mr Canavan sent a message to Pupil A stating, “I ./Canavan_-_Web_Decision.pdf-know that you’re 17 I can’t do anything yet. I will wait until you’re 18. Take you out for a ./Canavan_-_Web_Decision.pdf-drink and get a hotel.” The panel also considered evidence of further messages sent by ./Canavan_-_Web_Decision.pdf:Mr Canavan stating, “Will you have sex with me?” The panel also noted that the police ./Canavan_-_Web_Decision.pdf-records stated that messages between Pupil A and Mr Canavan were “nearly always dirty ./Canavan_-_Web_Decision.pdf-talk.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The police records also showed that the photos sent by Mr Canavan were photographs ./Canavan_-_Web_Decision.pdf-of Mr Canavan’s naked lower body and that Mr Canavan received photographs of Pupil ./Canavan_-_Web_Decision.pdf-A’s naked upper and lower body. The panel felt that given the nature of the photographs ./Canavan_-_Web_Decision.pdf-and messages between Mr Canavan and Pupil A and Mr Canavan’s clear attempts to ./Canavan_-_Web_Decision.pdf:arrange to meet Pupil A for sex, Mr Canavan’s conduct in respect of allegation 1. was ./Canavan_-_Web_Decision.pdf:sexually motivated. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel therefore found this allegation proven. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 3. In respect of your conduct at Allegation 1. above you received a caution on ./Canavan_-_Web_Decision.pdf- or around 2 August 2016 for possessing an indecent photograph or pseudo- ./Canavan_-_Web_Decision.pdf- photograph of a child on 1 June 2015 - 1 June 2016 contrary to the Criminal ./Canavan_-_Web_Decision.pdf- Justice Act 1988 s.160. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel had regard to the signed Statement of Agreed Facts in which Mr Canavan ./Canavan_-_Web_Decision.pdf-admitted this allegation. The panel also considered the evidence provided in the bundle, -- ./Canavan_-_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Canavan_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Canavan_-_Web_Decision.pdf- from the individual’s professional position; and ./Canavan_-_Web_Decision.pdf-  any activity involving possessing any indecent photograph or image or pseudo ./Canavan_-_Web_Decision.pdf- photograph or image of a child, or permitting such activity, including one-off ./Canavan_-_Web_Decision.pdf- incidents. ./Canavan_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Canavan_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Canavan_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Canavan_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Canavan_-_Web_Decision.pdf-behaviour in this case. ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf-made by the panel is sufficient. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel is of the view that applying the standard of the ordinary intelligent citizen ./Canavan_-_Web_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Canavan_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Canavan_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Canavan_-_Web_Decision.pdf-the severity of consequences for Mr Canavan of prohibition. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Canavan_-_Web_Decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Canavan. ./Canavan_-_Web_Decision.pdf:The serious nature of the offences and the sexual motivation was a significant factor in ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf- 10 ./Canavan_-_Web_Decision.pdf- -- ./Canavan_-_Web_Decision.pdf- statutory provisions. ./Canavan_-_Web_Decision.pdf-The panel has also considered whether Mr Canavan’s conduct displayed behaviours ./Canavan_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel ./Canavan_-_Web_Decision.pdf-found that “the offence of possessing an image or pseudo photograph or image of a child ./Canavan_-_Web_Decision.pdf-for which Mr Canavan received a caution is relevant in this case.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Canavan_-_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Canavan_-_Web_Decision.pdf-professional conduct. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Canavan_-_Web_Decision.pdf-misconduct and a finding of possession of an indecent image of a child. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Canavan_-_Web_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Canavan_-_Web_Decision.pdf-prohibition order, which is to protect pupils and to maintain public confidence in the ./Canavan_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Canavan_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Canavan_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Canavan_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Canavan_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Canavan_-_Web_Decision.pdf:public perception.” I am particularly mindful of the finding of sexual misconduct in this ./Canavan_-_Web_Decision.pdf-case and the impact that such a finding has on the reputation of the profession. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Canavan_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Canavan_-_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations, I have had ./Canavan_-_Web_Decision.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Canavan_-_Web_Decision.pdf-citizen.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have considered whether the publication of a finding of unacceptable professional ./Canavan_-_Web_Decision.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Canavan_-_Web_Decision.pdf-professionally. Whilst this stated that Mr Canavan is “professional and sets very high ./Canavan_-_Web_Decision.pdf-standards for himself and hundreds of his students”, the panel was conscious that this ./Canavan_-_Web_Decision.pdf-was an unsigned character reference from someone known personally to Mr Canavan ./Canavan_-_Web_Decision.pdf-and therefore felt that it carried little weight.“ ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-A prohibition order would prevent Mr Canavan from teaching. A prohibition order would ./Canavan_-_Web_Decision.pdf-also clearly deprive the public of his contribution to the profession for the period that it is ./Canavan_-_Web_Decision.pdf-in force. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the, ./Canavan_-_Web_Decision.pdf:“serious nature of the offences and the sexual motivation.” ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Canavan_-_Web_Decision.pdf-Mr Canavan has made to the profession. In my view, it is necessary to impose a ./Canavan_-_Web_Decision.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Canavan_-_Web_Decision.pdf-decision that is not backed up by remorse or insight does not in my view satisfy the public ./Canavan_-_Web_Decision.pdf-interest requirement concerning public confidence in the profession. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Canavan_-_Web_Decision.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Canavan_-_Web_Decision.pdf-achieve. -- ./Canavan_-_Web_Decision.pdf-received a police caution for possessing an indecent photograph or pseudo-photograph ./Canavan_-_Web_Decision.pdf-of a child, which suggests that a review period would not be appropriate in this case.“ ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I have considered whether allowing for no review period reflects the seriousness of the ./Canavan_-_Web_Decision.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Canavan_-_Web_Decision.pdf-in the profession. In this case, there are three factors that in my view mean that a ./Canavan_-_Web_Decision.pdf-prohibition with no review period is necessary to maintain public confidence in the ./Canavan_-_Web_Decision.pdf-profession. These elements are the caution for possession of an indecent image of a ./Canavan_-_Web_Decision.pdf:child, the sexual misconduct and the lack of either insight or remorse. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-I consider therefore that a prohibition with no review period is required to satisfy the ./Canavan_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Canavan_-_Web_Decision.pdf- ./Canavan_-_Web_Decision.pdf-This means that Mr Anthony Canavan is prohibited from teaching indefinitely and ./Canavan_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Canavan_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Canavan_-_Web_Decision.pdf-found proved against him, I have decided that Mr Anthony Canavan shall not be entitled ./Canavan_-_Web_Decision.pdf-to apply for restoration of his eligibility to teach. ./Canavan_-_Web_Decision.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-and so should have known that the meetings presented a conflict of interest. The ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-allegation is therefore found proven. ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- b. Made inappropriate physical contact with Student A; ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-The panel notes that Miss Cann has admitted in the SOAF that she hugged Student A, ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-and that this could be construed as inappropriate. The fact that Miss Cann hugged ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-Student A is also supported by the notes of interviews exhibited to the School’s ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-investigation report and the statement from Student A. There is no suggestion that there ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf:was any sexual element to this, but nevertheless it did constitute physical contact with a ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-pupil in the context of a ‘one to one’ inappropriate relationship outside of School, which ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-the panel considers was very unwise on the part of Miss Cann. The allegation is ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf-therefore found proven. ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- 7 ./Cann_Jennifer_Ann_S_of_S_decision-_web.pdf- ./Cassidy_D_15327_Web_decision.pdf- effect. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- f. Invited her to his house. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- g. Failed to take any action or any appropriate action when Pupil A took a ./Cassidy_D_15327_Web_decision.pdf- number of tablets; ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 2. His conduct as set out at allegation 1 above was contrary to the College’s Policy ./Cassidy_D_15327_Web_decision.pdf- and/or the staff Code of Conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf: 3. His conduct as set out at 1 above was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Mr Cassidy admits the factual particulars of the above allegations in the Statement of ./Cassidy_D_15327_Web_decision.pdf-Agreed Facts. He also admits in the Statement of Agreed Facts and in a written ./Cassidy_D_15327_Web_decision.pdf-submission dated 8 September 2016 that such conduct amounted to unacceptable ./Cassidy_D_15327_Web_decision.pdf-professional conduct and conduct that may bring the profession into disrepute. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 4 -- ./Cassidy_D_15327_Web_decision.pdf-known his conduct towards Pupil A was contrary to the College’s policies. The panel ./Cassidy_D_15327_Web_decision.pdf-noted that even though there is no reference in the Statement of Agreed Facts to the ./Cassidy_D_15327_Web_decision.pdf-College’s staff Code of Conduct, that Mr Cassidy states within his two written ./Cassidy_D_15327_Web_decision.pdf-submissions to the National College dated 27 June and 8 September 2016 respectively ./Cassidy_D_15327_Web_decision.pdf-that he is “guilty” of all the allegations that have been made against him. ./Cassidy_D_15327_Web_decision.pdf-The panel took into account a note included in the bundle which summarised the ./Cassidy_D_15327_Web_decision.pdf-allegation investigated by the College against Mr Cassidy. This note stated that a breach ./Cassidy_D_15327_Web_decision.pdf-of the staff code of conduct policy is normally regarded as gross misconduct, as is ./Cassidy_D_15327_Web_decision.pdf-harassment. This summary note reflects that all staff need to recognise that failure to ./Cassidy_D_15327_Web_decision.pdf-meet appropriate standards of behaviour and conduct may result in disciplinary action ./Cassidy_D_15327_Web_decision.pdf:including dismissal. Mr Cassidy had been accused of sexual harassment by a pupil which ./Cassidy_D_15327_Web_decision.pdf-was evidenced via text messages between Pupil A and Mr Cassidy. This summary note ./Cassidy_D_15327_Web_decision.pdf-also states that communicating with pupils in a manner that does not create an ./Cassidy_D_15327_Web_decision.pdf-impression of professionalism is a breach of the College’s e-safety policy. ./Cassidy_D_15327_Web_decision.pdf-The panel was not provided with any copy(ies) of any staff codes of conduct, e-safety ./Cassidy_D_15327_Web_decision.pdf-policy or any other relevant policies. ./Cassidy_D_15327_Web_decision.pdf-Taking all available evidence into account, the panel considered it was more likely than ./Cassidy_D_15327_Web_decision.pdf-not that the College had policies in place, at the relevant time, which would have ./Cassidy_D_15327_Web_decision.pdf-indicated that Mr Cassidy’s behaviour towards Pupil A was inappropriate. The fact that Mr ./Cassidy_D_15327_Web_decision.pdf-Cassidy admitted this allegation was compelling and the panel find this allegation proved ./Cassidy_D_15327_Web_decision.pdf-on the balance of probabilities. ./Cassidy_D_15327_Web_decision.pdf: 3. Your conduct as set out at 1 above was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel was advised by the legal advisor that it may find it helpful to ask itself whether on ./Cassidy_D_15327_Web_decision.pdf-the balance of probabilities reasonable persons would think the words/actions found proven ./Cassidy_D_15327_Web_decision.pdf:could be sexually motivated. If so, the panel would then need to go on to ask itself a second ./Cassidy_D_15327_Web_decision.pdf-question: whether, in all the circumstances of the conduct in the case, it was more likely than ./Cassidy_D_15327_Web_decision.pdf:not that Mr Cassidy’s purpose of such words/actions was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf-The panel determined that a reasonable person would consider Mr Cassidy’s words or ./Cassidy_D_15327_Web_decision.pdf:actions as set out under allegations 1(a) to 1(g) towards Pupil A was sexually motivated in ./Cassidy_D_15327_Web_decision.pdf-that he tried to kiss her on the lips on more than one occasion and told her that he liked her ./Cassidy_D_15327_Web_decision.pdf-and loved her. ./Cassidy_D_15327_Web_decision.pdf-Mr Cassidy admits in the Statement of Agreed Facts that his conduct in relation to Pupil A ./Cassidy_D_15327_Web_decision.pdf:was sexually motivated. ./Cassidy_D_15327_Web_decision.pdf-The panel therefore find this allegation proven on the balance of probabilities. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 9 ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Cassidy_D_15327_Web_decision.pdf- frameworks which set out their professional duties and responsibilities. ./Cassidy_D_15327_Web_decision.pdf-Exchanging text messages with Pupil A, hugging her, kissing and attempting to kiss her ./Cassidy_D_15327_Web_decision.pdf-on more than one occasion, and failing to act appropriately when she had apparently ./Cassidy_D_15327_Web_decision.pdf-taken a significant amount of medication, was significantly below the standards expected ./Cassidy_D_15327_Web_decision.pdf-of the profession. The panel is therefore satisfied that the conduct of Mr Cassidy fell ./Cassidy_D_15327_Web_decision.pdf-significantly short of the standards expected of the profession. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel has also considered whether Mr Cassidy’s conduct displayed behaviours ./Cassidy_D_15327_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice. The panel has ./Cassidy_D_15327_Web_decision.pdf:found that the offence of sexual activity is potentially relevant. The Advice indicates that ./Cassidy_D_15327_Web_decision.pdf-where behaviours associated with such an offence exist, a panel is likely to conclude that ./Cassidy_D_15327_Web_decision.pdf-an individual’s conduct would amount to unacceptable professional conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Accordingly, the panel is satisfied that Mr Cassidy is guilty of unacceptable professional ./Cassidy_D_15327_Web_decision.pdf-conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Cassidy_D_15327_Web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Cassidy_D_15327_Web_decision.pdf-are likely to have punitive effect. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel has considered the particular public interest considerations set out in the ./Cassidy_D_15327_Web_decision.pdf-Advice and having done so has found a number of them to be relevant in this case, ./Cassidy_D_15327_Web_decision.pdf-namely: the protection of pupils, the maintenance of public confidence in the profession, ./Cassidy_D_15327_Web_decision.pdf-declaring and upholding proper standards of conduct. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-In light of the panel’s findings against Mr Cassidy, there is a strong public interest ./Cassidy_D_15327_Web_decision.pdf-consideration in respect of the protection of pupils given the serious findings of Mr ./Cassidy_D_15327_Web_decision.pdf:Cassidy’s sexually motivated behaviour towards Pupil A. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Similarly, the panel considers that public confidence in the profession could be seriously ./Cassidy_D_15327_Web_decision.pdf-weakened if conduct such as that found against Mr Cassidy were not treated with the ./Cassidy_D_15327_Web_decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- 11 ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-Cassidy. The panel took further account of the Advice, which suggests that a prohibition ./Cassidy_D_15327_Web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Cassidy_D_15327_Web_decision.pdf-of such behaviours, those that are relevant in this case are: ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Cassidy_D_15327_Web_decision.pdf- Teachers’ Standards; ./Cassidy_D_15327_Web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Cassidy_D_15327_Web_decision.pdf- particularly where there is a continuing risk; ./Cassidy_D_15327_Web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Cassidy_D_15327_Web_decision.pdf- the rights of pupils; ./Cassidy_D_15327_Web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Cassidy_D_15327_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Cassidy_D_15327_Web_decision.pdf- from the individual’s professional position; ./Cassidy_D_15327_Web_decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Cassidy_D_15327_Web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Cassidy_D_15327_Web_decision.pdf-factors to render a prohibition order being an inappropriate and disproportionate measure ./Cassidy_D_15327_Web_decision.pdf-to impose, particularly taking into account the nature and severity of the behaviour in this ./Cassidy_D_15327_Web_decision.pdf-case. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-There was no evidence that Mr Cassidy’s behaviour or actions was not deliberate or that ./Cassidy_D_15327_Web_decision.pdf-he was acting under duress. Although there is no independent character evidence ./Cassidy_D_15327_Web_decision.pdf-included in the bundle there is nothing to suggest that Mr Cassidy was anything other -- ./Cassidy_D_15327_Web_decision.pdf-immediate effect. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Cassidy_D_15327_Web_decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Cassidy_D_15327_Web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Cassidy_D_15327_Web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Cassidy_D_15327_Web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Cassidy_D_15327_Web_decision.pdf-less than 2 years. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Cassidy_D_15327_Web_decision.pdf:review period being recommended. One of these includes “serious sexual misconduct, ./Cassidy_D_15327_Web_decision.pdf:e.g. where the act was sexually motivated and resulted in or had the potential to result in, ./Cassidy_D_15327_Web_decision.pdf-harm to a person or persons, particularly where the individual has used their professional ./Cassidy_D_15327_Web_decision.pdf-position to influence or exploit a person or persons” (page 12 of the Advice). The panel ./Cassidy_D_15327_Web_decision.pdf-has found that Mr Cassidy’s behaviour towards Pupil A, as set out in allegation 1, was ./Cassidy_D_15327_Web_decision.pdf:sexually motivated and that this “…..had the potential to result in, harm to….” Pupil A. As ./Cassidy_D_15327_Web_decision.pdf-a result of this, and in accordance with the Advice, the panel considered a review period ./Cassidy_D_15327_Web_decision.pdf-would not be appropriate in this case, and as such decided that it would be proportionate ./Cassidy_D_15327_Web_decision.pdf-in all the circumstances for the prohibition order to be recommended without provision for ./Cassidy_D_15327_Web_decision.pdf-a review period. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Cassidy_D_15327_Web_decision.pdf-I have given very careful consideration to this case and to the recommendation made by ./Cassidy_D_15327_Web_decision.pdf-the panel in respect of both sanction and review period. ./Cassidy_D_15327_Web_decision.pdf- -- ./Cassidy_D_15327_Web_decision.pdf-State. That advice suggests that a prohibition order may be appropriate if certain ./Cassidy_D_15327_Web_decision.pdf-behaviours of a teacher have been proven. In the list of such behaviours, those that are ./Cassidy_D_15327_Web_decision.pdf-relevant in this case are: ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Cassidy_D_15327_Web_decision.pdf- Teachers’ Standards; ./Cassidy_D_15327_Web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Cassidy_D_15327_Web_decision.pdf- particularly where there is a continuing risk; ./Cassidy_D_15327_Web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Cassidy_D_15327_Web_decision.pdf- the rights of pupils; ./Cassidy_D_15327_Web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Cassidy_D_15327_Web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Cassidy_D_15327_Web_decision.pdf- from the individual’s professional position. ./Cassidy_D_15327_Web_decision.pdf-I have taken into account the guidance published by the Secretary of State. I have also ./Cassidy_D_15327_Web_decision.pdf-taken into account the need to be proportionate and to balance the interests of the ./Cassidy_D_15327_Web_decision.pdf-teacher with the interests of the public. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-I have taken into account the mitigating factors considered by the panel. I note that the ./Cassidy_D_15327_Web_decision.pdf-panel found there was no evidence that Mr Cassidy’s behaviour or actions were not ./Cassidy_D_15327_Web_decision.pdf-deliberate or that he was acting under duress. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-Despite Mr Cassidy’s written representations, expressing his remorse, the panel is of the -- ./Cassidy_D_15327_Web_decision.pdf-Pupil A was a significant factor in forming that opinion. I am also mindful of Mr Cassidy’s ./Cassidy_D_15327_Web_decision.pdf-comments, that in hindsight, he did not consider that he had the “crucial” skills and ./Cassidy_D_15327_Web_decision.pdf-experience to maintain the necessary boundaries, and this had influenced him to leave ./Cassidy_D_15327_Web_decision.pdf-the teaching profession. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-I support the recommendation made by the panel. This was a serious case and it is ./Cassidy_D_15327_Web_decision.pdf-proportionate and in the public interest that Mr Cassidy be prohibited from teaching. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-I now turn to the matter of a review period. I have taken into account the Advice which ./Cassidy_D_15327_Web_decision.pdf-indicates that there are behaviours that, if proven, would militate against a review period ./Cassidy_D_15327_Web_decision.pdf:being allowed. These behaviours include serious sexual misconduct. For the reasons ./Cassidy_D_15327_Web_decision.pdf:stated above, the panel has found that this was serious sexual misconduct. I therefore ./Cassidy_D_15327_Web_decision.pdf-support the recommendation that there be no review period. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-This means that Mr Darren Cassidy is prohibited from teaching indefinitely and ./Cassidy_D_15327_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Cassidy_D_15327_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Cassidy_D_15327_Web_decision.pdf-found proved against him, I have decided that Mr Cassidy shall not be entitled to apply ./Cassidy_D_15327_Web_decision.pdf-for restoration of his eligibility to teach. ./Cassidy_D_15327_Web_decision.pdf- ./Cassidy_D_15327_Web_decision.pdf-This order takes effect from the date on which it is served on the teacher. ./Cassidy_D_15327_Web_decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- iii. discussed snuggling up with her in bed ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- iv. asked her what she wore in bed ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- v. told her what he wore in bed ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- vi. encouraged her to send him a photograph of herself which she did ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- vii. sent a picture of himself to her ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf: 3. His actions as set out at 1 above were sexually motivated. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi admits the facts of allegation 1 and denies the facts of allegation 3. Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi does not admit unacceptable professional conduct or conduct likely to bring the ./Chambi__Andrew_-_Web_Decision.pdf-profession into disrepute in respect of the allegations. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-C. Preliminary applications ./Chambi__Andrew_-_Web_Decision.pdf-The panel considered an application from the presenting officer to proceed in the ./Chambi__Andrew_-_Web_Decision.pdf-absence of Mr Chambi. ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-E. Decision and reasons ./Chambi__Andrew_-_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi had been employed at Kingsford Community School (“the School”) from 2009 ./Chambi__Andrew_-_Web_Decision.pdf-to 2016 as a science teacher, save for a short period in 2012 when he was employed by ./Chambi__Andrew_-_Web_Decision.pdf-a university on a part-time basis. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In December 2015, Mr Chambi is alleged to have met Child A on Whisper, a social ./Chambi__Andrew_-_Web_Decision.pdf:networking platform. It is then alleged that he sent inappropriate, sexually motivated ./Chambi__Andrew_-_Web_Decision.pdf-messages to Child A via WhatsApp. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Findings of fact ./Chambi__Andrew_-_Web_Decision.pdf-The panel has found the following particulars of the allegations against you proven, for ./Chambi__Andrew_-_Web_Decision.pdf-these reasons: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-1. In relation to Child A (DOB 18.04.99) you: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- a. communicated with her via social media including WhatsApp when she ./Chambi__Andrew_-_Web_Decision.pdf- was around 15 years old -- ./Chambi__Andrew_-_Web_Decision.pdf- The panel considered a series of WhatsApp messages in which Child A requested ./Chambi__Andrew_-_Web_Decision.pdf- a photograph from Mr Chambi and he suggested that they swap photographs. The ./Chambi__Andrew_-_Web_Decision.pdf- panel was satisfied that this initial exchange of photographs took place before Mr ./Chambi__Andrew_-_Web_Decision.pdf- Chambi was aware of Child A’s age. The panel also noted that the photographs ./Chambi__Andrew_-_Web_Decision.pdf- which were swapped were not indecent. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel found that Mr Chambi’s admission was consistent with the evidence ./Chambi__Andrew_-_Web_Decision.pdf- and found allegation 1.b.vii. proven on the balance of probabilities. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:3. Your actions as set out at 1 above were sexually motivated. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel considered whether on the balance of probabilities reasonable persons ./Chambi__Andrew_-_Web_Decision.pdf: would think the words and actions found proven could be sexual. The panel then ./Chambi__Andrew_-_Web_Decision.pdf- considered whether, in all the circumstances of the conduct in the case, it was ./Chambi__Andrew_-_Web_Decision.pdf- more likely than not that the teacher’s purpose of such words and actions was ./Chambi__Andrew_-_Web_Decision.pdf: sexual. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf: The panel considered whether, even in the absence of any direct evidence, sexual ./Chambi__Andrew_-_Web_Decision.pdf- motivation should be inferred from all the circumstances of the case. The panel ./Chambi__Andrew_-_Web_Decision.pdf- was reminded to have in mind the evidence of the teacher’s character and ./Chambi__Andrew_-_Web_Decision.pdf- considered whether any such evidence had any bearing on the teacher’s ./Chambi__Andrew_-_Web_Decision.pdf- credibility or propensity to have carried out the alleged facts or to the ./Chambi__Andrew_-_Web_Decision.pdf- circumstances in which the teacher found himself. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf: Mr Chambi denied sexual motivation in his written evidence. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel went on to consider the WhatsApp messages exchanged by Child A ./Chambi__Andrew_-_Web_Decision.pdf- and Mr Chambi after he became aware that Child A was 15 years old. The panel ./Chambi__Andrew_-_Web_Decision.pdf: found a number of his messages to Child A were sexually suggestive including ./Chambi__Andrew_-_Web_Decision.pdf- asking Child A how she could keep him warm if she was with him and requesting ./Chambi__Andrew_-_Web_Decision.pdf- to see Child A in her t-shirt and underwear. There were also a number of ./Chambi__Andrew_-_Web_Decision.pdf- suggestions from Mr Chambi that he and Child A should ‘snuggle’ with each other. ./Chambi__Andrew_-_Web_Decision.pdf- Mr Chambi went further in saying, “Maybe some bed time exercises to warm up a ./Chambi__Andrew_-_Web_Decision.pdf- little. ;) xxx.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel was particularly concerned that Mr Chambi appeared to be using his ./Chambi__Andrew_-_Web_Decision.pdf- role as a teacher to develop a relationship with Child A. Child A used revision as a ./Chambi__Andrew_-_Web_Decision.pdf- reason not to meet with Mr Chambi. Mr Chambi responded by offering to help ./Chambi__Andrew_-_Web_Decision.pdf- Child A with her revision, commenting that he was a teacher and, “I could get you ./Chambi__Andrew_-_Web_Decision.pdf- a good grade actually! ;)” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- The panel considered that there was no credible, alternative explanation for the ./Chambi__Andrew_-_Web_Decision.pdf: messages sent by Mr Chambi to Child A other than sexual motivation. Taking into ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 9 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf: account all of the available evidence, the panel therefore found sexual motivation ./Chambi__Andrew_-_Web_Decision.pdf- proven on the balance of probabilities. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Chambi__Andrew_-_Web_Decision.pdf-may bring the profession into disrepute ./Chambi__Andrew_-_Web_Decision.pdf-Having found the allegations to have been proven, the panel has gone on to consider ./Chambi__Andrew_-_Web_Decision.pdf-whether the facts of those proven allegations amount to unacceptable professional ./Chambi__Andrew_-_Web_Decision.pdf-conduct and/or conduct that may bring the profession into disrepute. -- ./Chambi__Andrew_-_Web_Decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Chambi__Andrew_-_Web_Decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Chambi__Andrew_-_Web_Decision.pdf- professional position ./Chambi__Andrew_-_Web_Decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Chambi__Andrew_-_Web_Decision.pdf- statutory provisions ./Chambi__Andrew_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Chambi amounts to misconduct of a serious ./Chambi__Andrew_-_Web_Decision.pdf-nature which fell significantly short of the standards expected of the profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel has also considered whether Mr Chambi’s conduct displayed behaviours ./Chambi__Andrew_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Chambi__Andrew_-_Web_Decision.pdf:that the offences of sexual activity and attempting to obtain an indecent photograph from ./Chambi__Andrew_-_Web_Decision.pdf-a child are relevant. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Chambi__Andrew_-_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Chambi__Andrew_-_Web_Decision.pdf-professional conduct. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel notes that the allegations took place outside of the education setting and at the ./Chambi__Andrew_-_Web_Decision.pdf-start of the communications, Mr Chambi was not aware of Child A’s age. However the ./Chambi__Andrew_-_Web_Decision.pdf-panel went on to consider that Mr Chambi continued to engage in conversation with Child ./Chambi__Andrew_-_Web_Decision.pdf-A after he became aware of her age. This conversation included repeated attempts by Mr ./Chambi__Andrew_-_Web_Decision.pdf:Chambi to meet Child A and sexually suggestive messages. Had this behaviour ./Chambi__Andrew_-_Web_Decision.pdf-continued, it would have had a significant, negative impact on Child A. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 10 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-should be made, the panel has to consider whether it is an appropriate and proportionate ./Chambi__Andrew_-_Web_Decision.pdf-measure, and whether it is in the public interest to do so. Prohibition orders should not be ./Chambi__Andrew_-_Web_Decision.pdf-given in order to be punitive, or to show that blame has been apportioned, although they ./Chambi__Andrew_-_Web_Decision.pdf-are likely to have a punitive effect. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel has noted the particular public interest considerations set out in the Advice ./Chambi__Andrew_-_Web_Decision.pdf-and having done so has found a number of them to be relevant in this case, namely the ./Chambi__Andrew_-_Web_Decision.pdf-maintenance of public confidence in the profession, and declaring and upholding proper ./Chambi__Andrew_-_Web_Decision.pdf-standards of conduct. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:The panel’s findings against Mr Chambi involved sexually motivated conversations on ./Chambi__Andrew_-_Web_Decision.pdf-WhatsApp with a child aged 15 years old. The panel considers that public confidence in ./Chambi__Andrew_-_Web_Decision.pdf-the profession could be seriously weakened if conduct such as that found against Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi were not treated with the utmost seriousness when regulating the conduct of the ./Chambi__Andrew_-_Web_Decision.pdf-profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel found there was a strong public interest in declaring proper standards of ./Chambi__Andrew_-_Web_Decision.pdf-conduct in the profession as the conduct found against Mr Chambi was outside that ./Chambi__Andrew_-_Web_Decision.pdf-which could reasonably be tolerated. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In view of the clear public interest considerations that were present, the panel considered -- ./Chambi__Andrew_-_Web_Decision.pdf-In carrying out the balancing exercise the panel has noted the public interest ./Chambi__Andrew_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi. The panel took further account of the Advice, which suggests that a prohibition ./Chambi__Andrew_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Chambi__Andrew_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Chambi__Andrew_-_Web_Decision.pdf- Teachers’ Standards ./Chambi__Andrew_-_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Chambi__Andrew_-_Web_Decision.pdf: sexual nature ./Chambi__Andrew_-_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Chambi__Andrew_-_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Chambi__Andrew_-_Web_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Chambi__Andrew_-_Web_Decision.pdf-imposition of a prohibition order, particularly taking into account the nature and severity of ./Chambi__Andrew_-_Web_Decision.pdf-the behaviour in this case. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel was not provided with any evidence to show that the teacher’s actions were ./Chambi__Andrew_-_Web_Decision.pdf-not deliberate and there was also no evidence to suggest that the teacher was acting ./Chambi__Andrew_-_Web_Decision.pdf-under duress. The panel did find that the teacher had a previously good history although ./Chambi__Andrew_-_Web_Decision.pdf-it did not have the benefit of any character references from the teacher. -- ./Chambi__Andrew_-_Web_Decision.pdf-the panel is sufficient. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel is of the view that, applying the standard of the ordinary intelligent citizen, ./Chambi__Andrew_-_Web_Decision.pdf-recommending no prohibition order is not a proportionate and appropriate response. ./Chambi__Andrew_-_Web_Decision.pdf-Recommending that publication of adverse findings is sufficient in the case would ./Chambi__Andrew_-_Web_Decision.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Chambi__Andrew_-_Web_Decision.pdf-the severity of consequences for the teacher of prohibition. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Chambi__Andrew_-_Web_Decision.pdf-has decided that the public interest outweighs the interests of Mr Chambi. Mr Chambi’s ./Chambi__Andrew_-_Web_Decision.pdf:sexually motivated actions in messaging Child A when he knew she was 15 years old ./Chambi__Andrew_-_Web_Decision.pdf-were totally inappropriate. Accordingly, the panel makes a recommendation to the ./Chambi__Andrew_-_Web_Decision.pdf-Secretary of State that a prohibition order should be imposed with immediate effect. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Chambi__Andrew_-_Web_Decision.pdf-recommend that a review period of the order should be considered. The panel was ./Chambi__Andrew_-_Web_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Chambi__Andrew_-_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Chambi__Andrew_-_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Chambi__Andrew_-_Web_Decision.pdf-less than 2 years. ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against the ./Chambi__Andrew_-_Web_Decision.pdf:recommendation of a review period. One of these is serious sexual misconduct, eg ./Chambi__Andrew_-_Web_Decision.pdf:where the act was sexually motivated and resulted in or had the potential to result in, ./Chambi__Andrew_-_Web_Decision.pdf-harm to a person or persons, particularly where the individual has used their professional ./Chambi__Andrew_-_Web_Decision.pdf-position to influence or exploit a person or persons. The panel found that Mr Chambi sent ./Chambi__Andrew_-_Web_Decision.pdf:a number of sexually motivated messages to Child A. The panel found that whilst this ./Chambi__Andrew_-_Web_Decision.pdf-behaviour was serious, it was limited to a two day period in January 2015 and there was ./Chambi__Andrew_-_Web_Decision.pdf-no evidence that Mr Chambi had engaged in similar behaviour previously. Therefore the ./Chambi__Andrew_-_Web_Decision.pdf-panel did not find that Mr Chambi’s actions were at the most serious end of the scale. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi did admit that his actions were inappropriate given Child A’s age. The panel ./Chambi__Andrew_-_Web_Decision.pdf-was not satisfied, however, that Mr Chambi showed sufficient insight into his actions. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would be ./Chambi__Andrew_-_Web_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Chambi__Andrew_-_Web_Decision.pdf-for the prohibition order to be recommended with provision for a review period after 5 -- ./Chambi__Andrew_-_Web_Decision.pdf-The panel has also considered whether Mr Chambi’s conduct displayed behaviours ./Chambi__Andrew_-_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Chambi__Andrew_-_Web_Decision.pdf:that the offences of sexual activity and attempting to obtain an indecent photograph from ./Chambi__Andrew_-_Web_Decision.pdf-a child are relevant. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Chambi__Andrew_-_Web_Decision.pdf-activity and a finding of attempting to obtain an indecent photograph from a child. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Chambi__Andrew_-_Web_Decision.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Chambi__Andrew_-_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Chambi__Andrew_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Chambi__Andrew_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Chambi__Andrew_-_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Chambi__Andrew_-_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Chambi__Andrew_-_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Chambi__Andrew_-_Web_Decision.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Chambi__Andrew_-_Web_Decision.pdf-considered therefore whether or not prohibiting Mr Chambi and the impact that will have ./Chambi__Andrew_-_Web_Decision.pdf-on him, is proportionate. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In this case I have considered the extent to which a prohibition order would protect ./Chambi__Andrew_-_Web_Decision.pdf-children. The panel has observed, “…Mr Chambi continued to engage in conversation ./Chambi__Andrew_-_Web_Decision.pdf-with Child A after he became aware of her age. This conversation included repeated ./Chambi__Andrew_-_Web_Decision.pdf:attempts by Mr Chambi to meet Child A and sexually suggestive messages. Had this ./Chambi__Andrew_-_Web_Decision.pdf-behaviour continued, it would have had a significant, negative impact on Child A. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-A prohibition order would therefore prevent such a risk from being present. I have also ./Chambi__Andrew_-_Web_Decision.pdf-taken into account the panel’s comments on insight and remorse which the panel sets ./Chambi__Andrew_-_Web_Decision.pdf-out as follows, “ Mr Chambi did admit that his actions were inappropriate given Child A’s ./Chambi__Andrew_-_Web_Decision.pdf-age. The panel was not satisfied, however, that Mr Chambi showed sufficient insight into ./Chambi__Andrew_-_Web_Decision.pdf-his actions.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In my judgement the lack of insight means that there is some risk of the repetition of this ./Chambi__Andrew_-_Web_Decision.pdf-behaviour and this risks the future well being of children. I have therefore given this ./Chambi__Andrew_-_Web_Decision.pdf-element considerable weight in reaching my decision. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Chambi__Andrew_-_Web_Decision.pdf-confidence in the profession. The panel observe, “ The findings of misconduct are ./Chambi__Andrew_-_Web_Decision.pdf-serious and the conduct displayed would likely have a negative impact on the individual’s ./Chambi__Andrew_-_Web_Decision.pdf-status as a teacher, potentially damaging the public perception. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:I am particularly mindful of the finding of sexual misconduct in this case and the impact ./Chambi__Andrew_-_Web_Decision.pdf-that such a finding has on the reputation of the profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Chambi__Andrew_-_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 14 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-prohibition order would prevent Mr Chambi from teaching and would also clearly deprive ./Chambi__Andrew_-_Web_Decision.pdf-the public of his contribution to the profession for the period that it is in force. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In this case I have placed considerable weight on the panel’s comments concerning the ./Chambi__Andrew_-_Web_Decision.pdf-lack of insight. I have also noted that the panel has said, “ The panel found that whilst ./Chambi__Andrew_-_Web_Decision.pdf-this behaviour was serious, it was limited to a two day period in January 2015 and there ./Chambi__Andrew_-_Web_Decision.pdf-was no evidence that Mr Chambi had engaged in similar behaviour previously. Therefore ./Chambi__Andrew_-_Web_Decision.pdf-the panel did not find that Mr Chambi’s actions were at the most serious end of the ./Chambi__Andrew_-_Web_Decision.pdf-scale.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf:The panel has nonetheless found that Mr Chambi “sent a number of sexually motivated ./Chambi__Andrew_-_Web_Decision.pdf-messages to Child A.” I am also concerned that even when he had discovered that ./Chambi__Andrew_-_Web_Decision.pdf-Child A was 15 years old that Mr Chambi, “ continued to engage in conversation with ./Chambi__Andrew_-_Web_Decision.pdf-Child A after he became aware of her age. This conversation included repeated attempts ./Chambi__Andrew_-_Web_Decision.pdf:by Mr Chambi to meet Child A and sexually suggestive messages. Had this behaviour ./Chambi__Andrew_-_Web_Decision.pdf-continued, it would have had a significant, negative impact on Child A. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have noted ther panel’s reflections on Mr Chambi’s contribution as a teacher. They say, ./Chambi__Andrew_-_Web_Decision.pdf-“The panel did find that the teacher had a previously good history although it did not have ./Chambi__Andrew_-_Web_Decision.pdf-the benefit of any character references from the teacher.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Chambi__Andrew_-_Web_Decision.pdf-Mr Chambi has made and is making to the profession. In my view it is necessary to ./Chambi__Andrew_-_Web_Decision.pdf-impose a prohibition order in order to maintain public confidence in the profession. A ./Chambi__Andrew_-_Web_Decision.pdf-published decision that is not backed up by remorse or insight does not in my view satisfy -- ./Chambi__Andrew_-_Web_Decision.pdf-that Mr Chambi had engaged in similar behaviour previously. Therefore the panel did not ./Chambi__Andrew_-_Web_Decision.pdf-find that Mr Chambi’s actions were at the most serious end of the scale. I have also ./Chambi__Andrew_-_Web_Decision.pdf-considered the findings of the panel that they set out and which say, “The panel was ./Chambi__Andrew_-_Web_Decision.pdf-particularly concerned that Mr Chambi appeared to be using his role as a teacher to ./Chambi__Andrew_-_Web_Decision.pdf-develop a relationship with Child A. Child A used revision as a reason not to meet with Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi. Mr Chambi responded by offering to help Child A with her revision, commenting ./Chambi__Andrew_-_Web_Decision.pdf-that he was a teacher and, “I could get you a good grade actually! ;)” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-In addition the panel say, “The panel went on to consider the WhatsApp messages ./Chambi__Andrew_-_Web_Decision.pdf-exchanged by Child A and Mr Chambi after he became aware that Child A was 15 years ./Chambi__Andrew_-_Web_Decision.pdf:old. The panel found a number of his messages to Child A were sexually suggestive ./Chambi__Andrew_-_Web_Decision.pdf-including asking Child A how she could keep him warm if she was with him and ./Chambi__Andrew_-_Web_Decision.pdf-requesting to see Child A in her t-shirt and underwear.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-Although I recognise that the photos exchanged were not indecent, nonetheless Mr ./Chambi__Andrew_-_Web_Decision.pdf-Chambi continued to seek such photographs even after he knew that Child A was 15. ./Chambi__Andrew_-_Web_Decision.pdf-Indeed the panel has found that, “ attempting to obtain an indecent photograph from a ./Chambi__Andrew_-_Web_Decision.pdf-child are relevant.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have noted the comments of the panel, “ The panel felt the findings indicated a situation ./Chambi__Andrew_-_Web_Decision.pdf-in which a review period would be appropriate and as such decided that it would be -- ./Chambi__Andrew_-_Web_Decision.pdf-the findings and is a proportionate period to achieve the aim of maintaining public ./Chambi__Andrew_-_Web_Decision.pdf-confidence in the profession. In this case, there are three factors that in my view mean ./Chambi__Andrew_-_Web_Decision.pdf-that a five year review period is not sufficient to achieve the aim of maintaining public ./Chambi__Andrew_-_Web_Decision.pdf-confidence in the profession. These elements are; the fact that even once he knew that ./Chambi__Andrew_-_Web_Decision.pdf-Child A was 15, Mr Chambi still sought a photograph of Child A, “ in her t-shirt and ./Chambi__Andrew_-_Web_Decision.pdf-underwear”; that even after he knew that Child A was 15 he continued to say, “ Maybe ./Chambi__Andrew_-_Web_Decision.pdf-some bed time exercises to warm up a little. ;) xxx.”; and that he did not show sufficient ./Chambi__Andrew_-_Web_Decision.pdf-insight. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-I have looked carefully at the guidance published by the Secretary of State and in my ./Chambi__Andrew_-_Web_Decision.pdf:view this case falls clearly within the guidance concerning sexual misconduct, as the ./Chambi__Andrew_-_Web_Decision.pdf-panel themselves say, “ Had this behaviour continued, it would have had a significant, ./Chambi__Andrew_-_Web_Decision.pdf-negative impact on Child A. “ ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf- 16 ./Chambi__Andrew_-_Web_Decision.pdf- -- ./Chambi__Andrew_-_Web_Decision.pdf-The panel also say that Mr Chambi’s, “ conversation included repeated attempts by Mr ./Chambi__Andrew_-_Web_Decision.pdf:Chambi to meet Child A and sexually suggestive messages.” ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-For these reasons therefore I consider therefore that a prohibition order in this case ./Chambi__Andrew_-_Web_Decision.pdf-should not allow for a review period. In my view that is necessary to satisfy the ./Chambi__Andrew_-_Web_Decision.pdf-maintenance of public confidence in the profession. ./Chambi__Andrew_-_Web_Decision.pdf- ./Chambi__Andrew_-_Web_Decision.pdf-This means that Mr Andrew Chambi is prohibited from teaching indefinitely and ./Chambi__Andrew_-_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Chambi__Andrew_-_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Chambi__Andrew_-_Web_Decision.pdf-found proved against him, I have decided that Mr Andrew Chambi shall not be entitled to ./Chambi__Andrew_-_Web_Decision.pdf-apply for restoration of his eligibility to teach. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-B. Allegations ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-The panel considered the allegations set out in the Notice of Proceedings dated 16 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-September 2016. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-It is alleged that Mr Clemenson is guilty of having been convicted of a relevant offence, in ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-that: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 1. On 11 October 2007, at South East Essex Magistrates Court he was convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- failing to provide a specimen for analysis (driving or attempting to drive) on 26 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- September 2007 contrary to the Road Traffic Act 1988 s.7(6). He was sentenced ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- to disqualification from driving for two years (disqualification reduced by six ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- months if by 11 February 2009 he had completed a rehabilitation course). He was ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- fined £500 and ordered to pay costs of £95; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 2. On 11 October 2007, at South East Essex Magistrates Court, he was convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- failing to stop after an accident on 26 September 2007 contrary to the Road Traffic ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Act 1988 s.170(4). He was fined £250 and his driving licence was endorsed; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 3. On 3 September 2012, at South Essex Magistrates Court he was convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- driving a motor vehicle with excess alcohol on 7 June 2012 contrary to the Road ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Traffic Act 1988 s.5(1)(a). He was sentenced to disqualification from driving for ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- three years, fined £450 and his driving licence was endorsed. He was ordered to ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- pay costs of £85 and a victim surcharge of £15; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 4. On 6 March 2015, at Basildon Crown Court, he was convicted of possession of a ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- knife blade/sharp pointed article in a public place on 15 July 2014 contrary to the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Criminal Justice Act 1988 s.139(1). On 1 April 2015 he was sentenced to ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- imprisonment of eight weeks and ordered to pay a victim surcharge of £80 and ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- costs of £500; and -- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-E. Decision and reasons ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-The panel announced its decision and reasons as follows: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-We have carefully considered the case before us and have reached a decision. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-hearing. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:Mr Clemenson commenced employment as a teacher at South Essex College on 1 July ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-2006. On 11 October 2007 he was convicted of failing to provide a blood specimen for a ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-test under s.7(6) of the Road Traffic Act 1988 (the “RTA”) and failing to stop his car after ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-an accident under s.170(4) of the RTA. Mr Clemenson ended his employment at South ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:Essex College on 1 July 2011 and subsequently took up employment as a teacher at ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Basildon Lower Academy (dates unknown). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 5 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- -- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:On 3 September 2012 Mr Clemenson was convicted at South East Essex Magistrates ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Court of driving a motor vehicle after consuming excess alcohol under s. 5(1)(a) of the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-RTA. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-On 6 March 2015 Mr Clemenson was convicted at Basildon Crown Court for possession ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-of a knife in a public place and on 1 April 2015 he was convicted of failing to surrender to ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-police custody at an appointed time. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Findings of fact ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-Our findings of fact are as follows: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-We have found the following particulars of the allegations against you proven, for these ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-reasons: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-You are guilty of a conviction, at any time, of a relevant criminal offence in that: ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 1. On 11 October 2007, at South East Essex Magistrates Court you were ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- convicted of failing to provide a specimen for analysis (driving or attempting ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- to drive) on 26 September 2007 contrary to the Road Traffic Act 1988 s.7(6). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- You were sentenced to disqualification from driving for two years ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- (disqualification reduced by six months if by 11 February 2009 you had ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- completed a rehabilitation course). You were fined £500 and ordered to pay ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- costs of £95; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-This is supported by the PNC report (page 35 of the bundle) and Memorandum of Entry ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:in the South East Essex Magistrates’ Court (page 18). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 2. On 11 October 2007, at South East Essex Magistrates Court, you were ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- convicted of failing to stop after an accident on 26 September 2007 contrary ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- to the Road Traffic Act 1988 s.170(4). You were fined £250 and your driving ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- licence was endorsed; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-This is supported by the PNC report (page 35 of the bundle) and Memorandum of Entry ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:in the South East Essex Magistrates’ Court (pages 18 to 19 of the bundle). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf: 3. On 3 September 2012, at South Essex Magistrates Court you were convicted ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- of driving a motor vehicle with excess alcohol on 7 June 2012 contrary to the ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- Road Traffic Act 1988 s.5(1)(a). You were sentenced to disqualification from ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- driving for three years, fined £450 and your driving licence was endorsed. ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- You were ordered to pay costs of £85 and a victim surcharge of £15; ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf-This is supported by the PNC report (page 35 of the bundle) and Memorandum of Entry ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf:in the South Essex Magistrates’ Court (pages 20 to 21 of the bundle). ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 4. On 6 March 2015, at Basildon Crown Court, you were convicted of ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- possession of a knife blade/sharp pointed article in a public place on 15 July ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- 6 ./Clemenson__Peter-_Web_Decision__14697__November_2016.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Teacher: Mrs Jill Collins ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Teacher ref number: 9635583 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Teacher date of birth: 27 May 1960 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-NCTL case reference: 14747 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Date of determination: 7 February 2017 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf:Former employer: Castledon School, Essex County Council ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-A. Introduction ./Collins__J__Web_Decision-14747-_February_2017_.pdf-A professional conduct panel (“the panel”) of the National College for Teaching and ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Leadership (“the National College”) convened on 6 to 7 February 2017 at 53 to 55 Butts ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Road, Earlsdon Park, Coventry CV1 3BH to consider the case of Mrs Jill Collins. ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The panel members were Mr John Pemberton (former teacher panellist – in the chair), Mr ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Paul Hawkins (teacher panellist), and Ms Alison Platts (lay panellist). ./Collins__J__Web_Decision-14747-_February_2017_.pdf- -- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The fact that Mrs Collins used her work email account to send communications regarding ./Collins__J__Web_Decision-14747-_February_2017_.pdf-inappropriate materials is admitted by Mrs Collins in her signed response to the ./Collins__J__Web_Decision-14747-_February_2017_.pdf-allegations dated 6 January 2017. The panel had regard to the witness statement of ./Collins__J__Web_Decision-14747-_February_2017_.pdf-Witness A who, during a review of the contents of Mrs Collins laptop, found inappropriate ./Collins__J__Web_Decision-14747-_February_2017_.pdf-emails sent from Mrs Collins’ work email account. This was corroborated by Witness A in ./Collins__J__Web_Decision-14747-_February_2017_.pdf-her oral evidence, where she explained that she only reviewed Mrs Collins’ work email ./Collins__J__Web_Decision-14747-_February_2017_.pdf-account, as she would not have access to her personal emails. In addition, the panel ./Collins__J__Web_Decision-14747-_February_2017_.pdf-considered the email between Mrs Collins and Individual I, Mrs Collins’ partner, dated 7 ./Collins__J__Web_Decision-14747-_February_2017_.pdf-February 2015 in which she sent the following link, www.annsummers.com/c/sex-toys. ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The panel also had regard to the emails between Mrs Collins and Red Tube dated 20 to ./Collins__J__Web_Decision-14747-_February_2017_.pdf:25 February 2015, were Mrs Collins sought to cancel her membership to a pornographic ./Collins__J__Web_Decision-14747-_February_2017_.pdf-website. ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf-The School’s Acceptable Use Agreement, signed by Mrs Collins on 13 September 2013, ./Collins__J__Web_Decision-14747-_February_2017_.pdf-clearly includes the following provisions: ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Collins__J__Web_Decision-14747-_February_2017_.pdf- 12 ./Collins__J__Web_Decision-14747-_February_2017_.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- c. in or around May 2016, sleeping in the same bed as Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- d. in or around May 2016, going to London with Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- e. visiting restaurants with Pupil A on one or more occasions ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- f. in or around March 2016, visiting Pupil A in [redacted] on his own ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- g. on or around 2 July 2016, going to [redacted] with Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf: 2. His behaviour towards Pupil A as may be found proven at 1 above was sexually ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 3. He failed to comply with the terms of his suspension issued on 5 July 2016, in that: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- a. on or around 25 August 2016, he met with Individual X ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- b. in or around October 2016, he met Pupil A on one or more occasions ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- He has a conviction, at any time, of a relevant criminal offence in that: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-E. Decision and reasons ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel announced its decision and reasons as follows: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Mr Cooper had been employed at the school as a boarding house master and teacher of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-geography and information technology from September 2009. It is alleged that Mr Cooper ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-developed an inappropriate relationship with a pupil at the school in 2016 which involved ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-exchanging messages by phone and on social media, and meeting outside the school in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-a number of different settings. This included staying overnight in a hotel room together ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:and visiting restaurants. It is alleged that this behaviour was sexually motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Following these allegations, Mr Cooper was suspended from the school in July 2016. It is ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-alleged that Mr Cooper contacted both Pupil A and a colleague at the school, contrary to ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the terms of his suspension. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-It is further alleged that Mr Cooper has been convicted of a relevant criminal offence, ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-namely assault. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Findings of fact ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Our findings of fact are as follows: -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- c. in or around May 2016, sleeping in the same bed as Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-This allegation was admitted by the teacher in the agreed statement of facts dated 26 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-January 2018. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel went on to consider the documentary evidence of Pupil A’s interview with a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-duty social worker after Mr Cooper and Pupil A were found by police, parked in a layby in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the early morning. Pupil A stated that she had stayed with Mr Cooper in a hotel room in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:London for three nights, and there had not been any sexual contact. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel found allegation 1.c. proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- d. in or around May 2016, going to London with Pupil A ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-This allegation was admitted by the teacher in the agreed statement of facts dated 26 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-January 2018. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel found allegation 1.g. proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 2. Your behaviour towards Pupil A as may be found proven at 1 above was ./Cooper_K__15444__SoS_decision_Web_Decision.pdf: sexually motivated ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Having found allegation 1 proven, the panel went on to consider whether Mr Cooper’s ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:behaviour was sexually motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-As with all findings of fact, the panel considered this question applying the balance of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-probabilities. The panel considered whether on the balance of probabilities reasonable ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:persons would think the words and actions found proven could be sexual. The panel then ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-considered whether, in all the circumstances of the conduct in the case, it was more likely ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:than not that the teacher’s purpose in such words and actions were sexual. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:The panel considered whether, even in the absence of any direct evidence, sexual ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-motivation should be inferred from all the circumstances of the case. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel noted that Mr Cooper denied this allegation. The panel went on to consider Mr ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Cooper’s statement in which he said, “we developed strong feelings for each other over a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-period of many months. My intention was always to remain utterly professional – once it ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-became clear that she felt as strongly for me as I did for her, I harboured the hope that ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-after leaving school, we might enter a romantic relationship.” ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel also placed weight on the written evidence of Individual X who stated that on ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-meeting Mr Cooper following his suspension, Mr Cooper made comments about his ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-relationship with Pupil A which caused Individual X to suspect that, “he had indeed been ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-involved in some kind of relationship with the student & [sic] there were several signs that ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-this relationship might be continuing or at the very least that he had the intention of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-continuing to pursue a relationship with the girl.” ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:The panel was unable to reconcile Mr Cooper’s denial that he was sexually motivated ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-with his actions found proven at allegation 1, in particular staying with Pupil A in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-[redacted]. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel therefore found allegation 2 proven on the balance of probabilities. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 3. You failed to comply with the terms of your suspension issued on 5 July ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 2016, in that: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- a. on or around 25 August 2016, you met with Individual X ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- statutory provisions ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- practices of the school in which they teach ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- frameworks which set out their professional duties and responsibilities ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Cooper fell significantly short of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-standards expected of the profession. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel has also considered whether Mr Cooper’s conduct displayed behaviours ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and has found ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:that the offence of sexual activity is relevant as Mr Cooper’s conduct was sexually ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-motivated. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-professional conduct. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel notes that the allegations took place outside of the education setting. The ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-panel found that by pursuing an inappropriate relationship with Pupil A, Mr Cooper risked ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-seriously harming her wellbeing, and ongoing education. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Cooper. The panel took further account of the Advice, which suggests that a prohibition ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- Teachers’ Standards ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- particularly where there is a continuing risk ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- rights of pupils ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:  sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- from the individual’s professional position ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Even though there were behaviours that would point to the appropriateness of a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-prohibition order, the panel went on to consider whether or not there were sufficient ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-mitigating factors to militate against the appropriateness and proportionality of the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-imposition of a prohibition order, particularly taking into account the nature and severity of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the behaviour in this case. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel found that there was no evidence that the teacher’s actions were not ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-deliberate. There was also no evidence to suggest that the teacher was acting under ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-duress, and in fact, the panel found the teacher’s actions to be calculated, motivated and -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to decide to ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-recommend that a review period of the order should be considered. The panel was ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-less than 2 years. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-review period being recommended. These behaviours include violence and serious ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:sexual misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:has found that Mr Cooper was sexually motivated in his pursuit of an inappropriate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:relationship with a pupil, and as such this was serious sexual misconduct. In a separate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-incident, Mr Cooper was convicted of assault. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 15 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-misconduct. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have also asked myself whether or not a less intrusive measure, such as the published ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-Standards and therefore his professional obligations as a teacher.” In my judgement, the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-lack of insight means that there is some risk of the repetition of this behaviour and this ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-risks the safeguarding of pupils in the future and the potential to bring the profession into ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-disripute. I have therefore given this element considerable weight in reaching my ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-decision. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-confidence in the profession. The panel observe, “that public confidence in the profession ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-could be seriously weakened if conduct such as that found against Mr Cooper were not ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:particularly mindful of the finding of sexual misconduct in this case and the impact that ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-such a finding has on the reputation of the profession. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have had to consider that the public has a high expectation of professional standards of ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-as a failure to uphold those high standards. In weighing these considerations, I have had ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- 17 ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- -- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:sexual misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-used their professional position to influence or exploit a person or persons. The panel ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:has found that, “Mr Cooper was sexually motivated in his pursuit of an inappropriate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:relationship with a pupil, and as such this was serious sexual misconduct. In a separate ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-incident, Mr Cooper was convicted of assault.” ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I have considered whether no review period reflects the seriousness of the findings and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-is a proportionate period to achieve the aim of maintaining public confidence in the ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-profession. In this case, there are two factors that in my view mean that a 2-year, or ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-longer, review period is not sufficient to achieve the aim of maintaining public confidence ./Cooper_K__15444__SoS_decision_Web_Decision.pdf:in the profession. These elements are the sexual misconduct found and the lack of either ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-insight or remorse. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-I consider therefore that no review period is required to satisfy the maintenance of public ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-confidence in the profession. ./Cooper_K__15444__SoS_decision_Web_Decision.pdf- ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-This means that Mr Kevin Cooper is prohibited from teaching indefinitely and ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-found proved against him, I have decided that Mr Cooper shall not be entitled to apply for ./Cooper_K__15444__SoS_decision_Web_Decision.pdf-restoration of his eligibility to teach. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- c. kissed Pupil A, on one or more occasions on her: ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- i. neck, ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ii. ear(s), ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- d. put his arms around Pupil A whilst she was sitting at the computer, on one or ./Coxon__Paul_12856_web_decision.pdf- more occasions; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: e. stated to Pupil A, "I want to be the first one to have sex with you", or words to ./Coxon__Paul_12856_web_decision.pdf- that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: f. stated to Pupil A "Here's a question. Do you do oral sex?", or words to that ./Coxon__Paul_12856_web_decision.pdf- effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 4. On 9 March 2009, he crossed professional boundaries in that in relation to Pupil D ./Coxon__Paul_12856_web_decision.pdf- he inappropriately: ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- a. instructed Pupil D to turn around when she asked a question about the work ./Coxon__Paul_12856_web_decision.pdf- he had set; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- b. lifted Pupil D off the floor, holding his arms across her chest, and squeezing ./Coxon__Paul_12856_web_decision.pdf- her, when: -- ./Coxon__Paul_12856_web_decision.pdf- feel uncomfortable; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- c. responded to Pupil D's question about where to put the long wooden cylinder ./Coxon__Paul_12856_web_decision.pdf- tube with words to the effect, "Turn around and I'll show you", or words to that ./Coxon__Paul_12856_web_decision.pdf- effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 5. On 9 October 2012, in relation to Pupil E he inappropriately stated "by the size of ./Coxon__Paul_12856_web_decision.pdf- him, he would have fallen through the bump", or words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 6. His conduct as described at paragraphs 1 and/or 2 and/or 3 and/or 4 above was ./Coxon__Paul_12856_web_decision.pdf: sexually motivated. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-At the start of the hearing Mr Coxon admitted the factual particulars at paragraph 4(b). ./Coxon__Paul_12856_web_decision.pdf-He further partially admitted the factual particulars at 4(a) and 4(c) in that he admitted the ./Coxon__Paul_12856_web_decision.pdf-facts of the events in question but denied that such admitted conduct amounted to the ./Coxon__Paul_12856_web_decision.pdf-crossing of professional boundaries and that the admitted conduct was inappropriate. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 5 ./Coxon__Paul_12856_web_decision.pdf- -- ./Coxon__Paul_12856_web_decision.pdf-E. Decision and reasons ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel announced its decision and reasons as follows: ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel has carefully considered the case before it and has reached a decision. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Coxon__Paul_12856_web_decision.pdf-hearing. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-This case involves numerous allegations of inappropriate comments and contact with ./Coxon__Paul_12856_web_decision.pdf:pupils in their teens, mostly of a sexually motivated nature. It was alleged that in relation ./Coxon__Paul_12856_web_decision.pdf-to three pupils the teacher crossed proper professional boundaries which included ./Coxon__Paul_12856_web_decision.pdf:physical touching in intimate and other areas and sexually motivated comments such as, ./Coxon__Paul_12856_web_decision.pdf-for example, "You'd do better across the table with my dick inside you". An inappropriate ./Coxon__Paul_12856_web_decision.pdf:but not sexually motivated comment was allegedly made to a further pupil. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 7 ./Coxon__Paul_12856_web_decision.pdf- -- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- i. breast(s), ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ii. vaginal area, ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- iii. bottom, ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- d. put your arms around Pupil A whilst she was sitting at the computer, on ./Coxon__Paul_12856_web_decision.pdf- one or more occasions; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: e. stated to Pupil A, "I want to be the first one to have sex with you", or ./Coxon__Paul_12856_web_decision.pdf- words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf: f. stated to Pupil A "Here's a question. Do you do oral sex?", or words to ./Coxon__Paul_12856_web_decision.pdf- that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-All of the above factual allegations relate to Pupil A. We have very carefully considered ./Coxon__Paul_12856_web_decision.pdf-each of them separately and find all of them proved. As stated above we found Pupil A to ./Coxon__Paul_12856_web_decision.pdf-be an entirely reliable witness who described all of the above incidents clearly and ./Coxon__Paul_12856_web_decision.pdf-consistently both when first reporting matters and in evidence at the aborted earlier ./Coxon__Paul_12856_web_decision.pdf-hearing, both when examined in chief and when cross-examined. We were able to ./Coxon__Paul_12856_web_decision.pdf-assess and have accepted in full what she said and the incidents she has described. ./Coxon__Paul_12856_web_decision.pdf-Each and every comment or action amounted to inappropriate behaviour towards a ./Coxon__Paul_12856_web_decision.pdf-teenage pupil which clearly crossed proper professional boundaries in a teacher/pupil -- ./Coxon__Paul_12856_web_decision.pdf- c. responded to Pupil D's question about where to put the long wooden ./Coxon__Paul_12856_web_decision.pdf- cylinder tube with words to the effect, "Turn around and I'll show you", ./Coxon__Paul_12856_web_decision.pdf- or words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Mr Coxon accepted the facts of these allegations at the start of the hearing. He further ./Coxon__Paul_12856_web_decision.pdf-accepted that lifting Pupil D off the floor in the way described crossed proper professional ./Coxon__Paul_12856_web_decision.pdf-boundaries. We therefore find the allegations proved to that extent. From the evidence ./Coxon__Paul_12856_web_decision.pdf-that we have heard we are not satisfied that Mr Coxon's comments (as detailed at 4(a) ./Coxon__Paul_12856_web_decision.pdf:and 4(c)) had any sort of intended sexual overtone and on that basis therefore crossed ./Coxon__Paul_12856_web_decision.pdf-professional boundaries or were inappropriate as alleged. We form this view as Pupil D's ./Coxon__Paul_12856_web_decision.pdf-evidence that his sarcasm and look at the time were indicative of such context was not ./Coxon__Paul_12856_web_decision.pdf-tested under cross-examination. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel therefore finds that allegation 4(b) is proved and that allegations 4(a) and 4(c) ./Coxon__Paul_12856_web_decision.pdf-are not proved. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 5. On 9 October 2012, in relation to Pupil E you inappropriately stated "by the ./Coxon__Paul_12856_web_decision.pdf- size of him, he would have fallen through the bump", or words to that effect; ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-We find, on the basis of Pupil F's evidence, which was strongly tested under cross- ./Coxon__Paul_12856_web_decision.pdf-examination, that this was said. This was an inappropriate remark because it was ./Coxon__Paul_12856_web_decision.pdf-mocking and humiliating of Pupil E to his classmates ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- 6. Your conduct as described at paragraphs 1 and/or 2 and/or 3 and/or 4 above ./Coxon__Paul_12856_web_decision.pdf: was sexually motivated. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf:We find that Mr Coxon's behaviour at 1, 2 and 3 was sexually motivated. The facts speak ./Coxon__Paul_12856_web_decision.pdf:for themselves. The facts involved sexual comments to, and inappropriate and ./Coxon__Paul_12856_web_decision.pdf-unwarranted touching of, pupils including of their intimate areas. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Coxon__Paul_12856_web_decision.pdf-may bring the profession into disrepute ./Coxon__Paul_12856_web_decision.pdf-Having found a number of the allegations to have been proven, the panel has gone on to ./Coxon__Paul_12856_web_decision.pdf-consider whether the facts of those proven allegations amount to unacceptable ./Coxon__Paul_12856_web_decision.pdf-professional conduct and/or conduct that may bring the profession into disrepute. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-In doing so, the panel has had regard to the document Teacher Misconduct: The ./Coxon__Paul_12856_web_decision.pdf-Prohibition of Teachers, which the panel refers to as “the Advice”. -- ./Coxon__Paul_12856_web_decision.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Coxon__Paul_12856_web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Coxon__Paul_12856_web_decision.pdf- professional position; ./Coxon__Paul_12856_web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Coxon__Paul_12856_web_decision.pdf- statutory provisions. ./Coxon__Paul_12856_web_decision.pdf-The panel is satisfied that the conduct of Mr Coxon fell significantly short of the standards ./Coxon__Paul_12856_web_decision.pdf-expected of the profession. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf:Mr Coxon repeatedly made sexually motivated and inappropriate comments to two ./Coxon__Paul_12856_web_decision.pdf-pupils. His behaviour was on several occasions offensive, for example when he said to ./Coxon__Paul_12856_web_decision.pdf-Pupil B that she would be "better across the table with my dick inside you". The above is ./Coxon__Paul_12856_web_decision.pdf:just one example of several instances of such seriously inappropriate and sexually ./Coxon__Paul_12856_web_decision.pdf-motivated comments. Furthermore, he touched pupils on intimate areas on numerous ./Coxon__Paul_12856_web_decision.pdf-occasions. As stated above there was additional inappropriate contact with and comment ./Coxon__Paul_12856_web_decision.pdf-about other pupils. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Accordingly, the panel is satisfied that Mr Coxon is guilty of unacceptable professional ./Coxon__Paul_12856_web_decision.pdf-conduct. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Coxon__Paul_12856_web_decision.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Coxon__Paul_12856_web_decision.pdf-community. The panel has taken account of the uniquely influential role that teachers can -- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-  Serious departure from the personal and professional conduct elements of the ./Coxon__Paul_12856_web_decision.pdf- Teachers’ Standards; ./Coxon__Paul_12856_web_decision.pdf-  Misconduct seriously affecting the education and/or well-being of pupils, and ./Coxon__Paul_12856_web_decision.pdf- particularly where there is a continuing risk; ./Coxon__Paul_12856_web_decision.pdf-  A deep-seated attitude that leads to harmful behaviour; ./Coxon__Paul_12856_web_decision.pdf-  Abuse of position or trust (particularly involving vulnerable pupils) or violation of ./Coxon__Paul_12856_web_decision.pdf- the rights of pupils; ./Coxon__Paul_12856_web_decision.pdf-  Sustained or serious bullying, or other deliberate behaviour that undermines ./Coxon__Paul_12856_web_decision.pdf- pupils, the profession, the school or colleagues; ./Coxon__Paul_12856_web_decision.pdf:  Sexual misconduct, e.g. involving actions that were sexually motivated or of a ./Coxon__Paul_12856_web_decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Coxon__Paul_12856_web_decision.pdf- from the individual’s professional position; ./Coxon__Paul_12856_web_decision.pdf-Even though there were behaviours that would point to a prohibition order's being ./Coxon__Paul_12856_web_decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Coxon__Paul_12856_web_decision.pdf-factors to militate against a prohibition order's being an appropriate and proportionate ./Coxon__Paul_12856_web_decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Coxon__Paul_12856_web_decision.pdf-behaviour in this case. There was no such mitigation other than the fact that Mr Coxon ./Coxon__Paul_12856_web_decision.pdf-has a previously good record. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Coxon__Paul_12856_web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Coxon. -- ./Coxon__Paul_12856_web_decision.pdf-prohibition order should be imposed with immediate effect. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel went on to consider whether or not it would be appropriate for them to decide ./Coxon__Paul_12856_web_decision.pdf-to recommend that a review period of the order should be considered. The panel was ./Coxon__Paul_12856_web_decision.pdf-mindful that the Advice states that a prohibition order applies for life, but there may be ./Coxon__Paul_12856_web_decision.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Coxon__Paul_12856_web_decision.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Coxon__Paul_12856_web_decision.pdf-less than 2 years. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Coxon__Paul_12856_web_decision.pdf:review period's being recommended. These behaviours include serious sexual ./Coxon__Paul_12856_web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Coxon__Paul_12856_web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Coxon__Paul_12856_web_decision.pdf-used their professional position to influence or exploit a person. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Coxon__Paul_12856_web_decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Coxon__Paul_12856_web_decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Decision and reasons on behalf of the Secretary of State ./Coxon__Paul_12856_web_decision.pdf-I have given very careful consideration to this case and to the recommendations made by -- ./Coxon__Paul_12856_web_decision.pdf:Mr Coxon repeatedly made sexually motivated and inappropriate comments to two ./Coxon__Paul_12856_web_decision.pdf-pupils. His behaviour was on several occasions offensive, and he touched pupils on ./Coxon__Paul_12856_web_decision.pdf-intimate areas on numerous occasions. I note the panel found there was additional ./Coxon__Paul_12856_web_decision.pdf-inappropriate contact with and comment about other pupils. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-I note the panel has considered the particular public interest considerations set out in the ./Coxon__Paul_12856_web_decision.pdf-Advice and, having done so, has found a number of them to be relevant in this case, ./Coxon__Paul_12856_web_decision.pdf-namely: the protection of pupils; the maintenance of public confidence in the profession ./Coxon__Paul_12856_web_decision.pdf-and declaring and upholding proper standards of conduct. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-I agree with the panel that the findings of misconduct are serious and the conduct -- ./Coxon__Paul_12856_web_decision.pdf-into account the public interest as well as the interests of Mr Coxon. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-Having taken all those factors into account and having considered the panel’s ./Coxon__Paul_12856_web_decision.pdf-recommendation to me, I support the recommendation that Mr Coxon should be subject ./Coxon__Paul_12856_web_decision.pdf-to a prohibition order. I agree with the panel’s view that the proved facts are so serious ./Coxon__Paul_12856_web_decision.pdf-that no other outcome would sufficiently protect pupils or the public interest. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-I now turn to the matter of a review period. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Coxon__Paul_12856_web_decision.pdf:review period being recommended. These behaviours include serious sexual ./Coxon__Paul_12856_web_decision.pdf:misconduct, e.g. where the act was sexually motivated and resulted in or had the ./Coxon__Paul_12856_web_decision.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Coxon__Paul_12856_web_decision.pdf-used their professional position to influence or exploit a person. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-In the circumstances, and for the reasons set out, I support the panel’s recommendation ./Coxon__Paul_12856_web_decision.pdf-that there should be no review period. ./Coxon__Paul_12856_web_decision.pdf- ./Coxon__Paul_12856_web_decision.pdf-This means that Mr Paul Coxon is prohibited from teaching indefinitely and cannot ./Coxon__Paul_12856_web_decision.pdf-teach in any school, sixth form college, relevant youth accommodation or ./Coxon__Paul_12856_web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Coxon__Paul_12856_web_decision.pdf-found proved against him, I have decided that Mr Coxon shall not be entitled to apply for ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Magistrates’ Court to a supervision requirement, a community order until 27 July ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:2017, costs of £85.00, compensation of £700.00, sex offenders notice for 5 years, a ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-programme requirement and victim surcharge of £60.00. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Mr Cudjoe-Calvocoressi admitted the alleged facts and admitted that the conviction ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-was for a relevant offence. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-C. Preliminary applications ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-There were no preliminary applications. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Our findings of fact are as follows: ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-It was alleged that Mr Cudjoe-Calvocoressi had been convicted of a relevant ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-offence, in that: ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-On 30 June 2014, he was convicted at Berkshire Magistrates’ Court of the ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-offence of indecent exposure, contrary to Section 66, Sexual Offences Act ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-2003. He committed this offence on 13 June 2014 when he exposed himself on ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-the train to a female passenger. As a result of his conviction, he was sentenced ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-at the Berkshire Magistrates’ Court to a supervision requirement, a community ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:order until 27 July 2017, costs of £85.00, compensation of £700.00, sex ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-offenders notice for 5 years, a programme requirement and victim surcharge of ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-£60.00. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel finds the facts proved, based on Mr Cudjoe-Calvocoressi’s admission, the ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-statement of agreed facts and the memorandum from the Berkshire Magistrates’ ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Court evidencing his admission and conviction. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Findings as to conviction of a relevant offence ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel noted that Mr Cudjoe-Calvocoressi admitted that the conviction was for a ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-relevant offence. The panel took this admission into account, but made its own -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  His actions would be likely to affect public confidence in the teaching ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- profession ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  Although a term of imprisonment was not imposed, the offence involved ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf: sexual activity and the sentence imposed by the Court was at the highest end ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- of community sentence available. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Panel’s recommendation to the Secretary of State ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel considers that the actions of Mr Cudjoe-Calvocoressi were incompatible ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-with being a teacher for the following reasons: ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  This was a serious departure from the personal and professional conduct ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- elements of the Teachers’ Standards; ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:  It involved sexual misconduct involving actions of a sexual nature which were ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- intended to cause alarm or distress; ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-  This was a criminal offence resulting in a conviction and significant sanction. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel considered whether there were any mitigating circumstances. The panel ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-noted that Mr Cudjoe-Calvocoressi pleaded guilty to the offence, having initially ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-denied the offence. He has expressed regret for his actions. However, his actions ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-were deliberate and the panel did not think the fact that Mr Cudjoe-Calvocoressi had ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-been drinking prior to the incident was a mitigating factor. Furthermore, Mr Cudjoe- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Calvocoressi has not demonstrated insight into the consequences of his actions. In ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-an email dated 5 March 2015 to the presenting officer, Mr Cudjoe-Calvocoressi ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-maintained that he did not intend to cause distress to the victim, despite this being an -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-panel shares this view. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel is satisfied that a prohibition order is necessary in the public interest in ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-order to maintain public confidence in the teaching profession and to declare and ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-uphold proper standards of conduct. This is the recommendation of the panel. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel considered whether to recommend that Mr Cudjoe-Calvocoressi be ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-allowed to make a future application to have the prohibition order set aside. The ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-panel had regard to the list of factors in section 7 of ‘Teacher Misconduct: The ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Prohibition of Teachers’. In particular the panel considered whether the action of Mr ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:Cudjoe-Calvocoressi amounted to serious sexual misconduct. The panel noted that it ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:was not alleged that the offence was sexually motivated and did not involve children ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-or the use of his professional position. Whilst the panel recognised that the offence ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-had the potential to result in harm, there is no evidence that it did so. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- 6 ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel recognised that the sentence imposed requires Mr Cudjoe-Calvocoressi to ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-attend a Sex Offender Treatment Programme for 63 days within a 3 year period. He ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:was also required to register as a sex offender for a period of 5 years from 28 July ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-2014. The panel remains concerned about Mr Cudjoe-Calvocoressi’s current lack of ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-insight, but recognised that successful completion of the programme may generate ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-deeper insight, which the panel would expect to be demonstrated before he could be ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-considered for a return to teaching. The panel recommends that Mr Cudjoe- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-Calvocoressi be permitted to apply for the prohibition order to be set aside on or after ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-29 July 2019, being the date on which Mr Cudjoe-Calvocoressi will cease to be ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-registered on the Sex Offenders Register. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- -- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-maintenance of public confidence in the profession and the declaring and upholding ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-of proper standards of conduct. Mr Cudjoe-Calvocoressi’s actions were deliberate ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-and the panel do not consider the fact that he had been drinking prior to the event as ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-being a mitigating factor. Whilst Mr Cudjoe-Calvocoressi has expressed regret, he ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-has not shown insight into the consequences of his actions. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-I agree with the panel’s recommendation that a prohibition order is an appropriate ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-and proportionate sanction. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-The panel have given due consideration to the seriousness of his actions. There is no ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf:allegation that his actions were sexually motivated and his actions did not involve ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-children nor did he use his professional position. Whilst his actions had the potential ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-to cause harm, there is no evidence that they did so. In all the circumstances I agree ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-with the panel’s recommendation that Mr Cudjoe-Calvocoressi be allowed to apply for ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-the order to be set aside on or after 29 July 2019. ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-This means that Mr Nuku Vanonyi Cudjoe-Calvocoressi is prohibited from ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-teaching indefinitely and cannot teach in any school, sixth form college, ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf-relevant youth accommodation or children’s home in England. He may apply for ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- ./Cudjoe-Calvocoressi__Nuku_Vanonyi_0758192_Web_Decision_150415.pdf- 7 ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8). ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 7. On 15 January 2015, at Guildford Crown Court, he was convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. He was imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8). ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 8. On 15 January 2015, at Guildford Crown Court, he was convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. He was imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf: four years, given a sex offenders notice indefinitely and a sexual offences ./Cundick__Allan_14540_-_Web_decision.pdf- prevention order indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 4 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-Mr Allan Cundick is a qualified teacher who worked as a science teacher. He retired in ./Cundick__Allan_14540_-_Web_decision.pdf-1989. Mr Cundick was a preacher in his church. He withdrew from the church fellowship ./Cundick__Allan_14540_-_Web_decision.pdf-in June 2011. On 13 June 2011, Mr Cundick received a police caution for an offence of ./Cundick__Allan_14540_-_Web_decision.pdf-indecently assaulting a female under the age of 14 between 1 January 1990 and 1 ./Cundick__Allan_14540_-_Web_decision.pdf-January 1994. On 15 January 2015, Mr Cundick was convicted at Guildford Crown Court ./Cundick__Allan_14540_-_Web_decision.pdf-of eight counts of indecently assaulting a female contrary to section 14 of the Sexual ./Cundick__Allan_14540_-_Web_decision.pdf-Offences Act 1956. In respect of four of these offences, the female concerned was under ./Cundick__Allan_14540_-_Web_decision.pdf-14 years of age. In respect of one of the other four offences, the female concerned was ./Cundick__Allan_14540_-_Web_decision.pdf-under 16 years of age. The offences were committed on various dates between 1 ./Cundick__Allan_14540_-_Web_decision.pdf-September 1972 and 26 March 2004. Mr Cundick was sentenced to imprisonment and ./Cundick__Allan_14540_-_Web_decision.pdf:ordered to sign the sex offenders register indefinitely. He was also given a sexual ./Cundick__Allan_14540_-_Web_decision.pdf-offences prevention order indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Findings of fact ./Cundick__Allan_14540_-_Web_decision.pdf-Our findings of fact are as follows: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-It was alleged that you are guilty of having been convicted of a relevant offence, in ./Cundick__Allan_14540_-_Web_decision.pdf-that: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-1. On 15 January 2015, at Guildford Crown Court, you were convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female aged 16 or over on 26 March 2004 contrary to section 14 of -- ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-7. On 15 January 2015, at Guildford Crown Court, you were convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. You were imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf- three years (to run concurrently with the sentence set out at paragraph 8). ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-8. On 15 January 2015, at Guildford Crown Court, you were convicted of indecent ./Cundick__Allan_14540_-_Web_decision.pdf- assault on a female under 14 between 1 January 1990 and 1 January 1994 ./Cundick__Allan_14540_-_Web_decision.pdf- contrary to section 14 of the Sexual Offences Act 1956. You were imprisoned for ./Cundick__Allan_14540_-_Web_decision.pdf: four years, given a sex offenders notice indefinitely and a sexual offences ./Cundick__Allan_14540_-_Web_decision.pdf- prevention order indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-It is further alleged that you are guilty of unacceptable professional conduct/ ./Cundick__Allan_14540_-_Web_decision.pdf-conduct that may bring the profession into disrepute in that: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-1. You received a caution from Surrey Police on 13 June 2011 for indecent assault ./Cundick__Allan_14540_-_Web_decision.pdf- on a female under 14 between 1 January 1990 and 1 January 1994 contrary to ./Cundick__Allan_14540_-_Web_decision.pdf- section 14 of the Sexual Offences Act 1956. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Cundick__Allan_14540_-_Web_decision.pdf- professional position; ./Cundick__Allan_14540_-_Web_decision.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Cundick__Allan_14540_-_Web_decision.pdf- statutory provisions; ./Cundick__Allan_14540_-_Web_decision.pdf- o showing tolerance of and respect for the rights of others; ./Cundick__Allan_14540_-_Web_decision.pdf-The panel is satisfied that the conduct of Mr Cundick fell significantly short of the ./Cundick__Allan_14540_-_Web_decision.pdf-standards expected of the profession. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also considered whether Mr Cundick's conduct displayed behaviours ./Cundick__Allan_14540_-_Web_decision.pdf-associated with any of the offences listed on pages 8 and 9 of the Advice and the panel ./Cundick__Allan_14540_-_Web_decision.pdf:has found that the offence of sexual activity applies. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The Advice indicates that where behaviours associated with such an offence exist, a ./Cundick__Allan_14540_-_Web_decision.pdf-panel is likely to conclude that an individual’s conduct would amount to unacceptable ./Cundick__Allan_14540_-_Web_decision.pdf-professional conduct. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel notes that the offence for which he was cautioned took place outside of the ./Cundick__Allan_14540_-_Web_decision.pdf-education setting. However, the panel is satisfied that the conduct affects the way the ./Cundick__Allan_14540_-_Web_decision.pdf-person fulfils their teaching role or may lead to pupils being exposed to or influenced by ./Cundick__Allan_14540_-_Web_decision.pdf-the behaviour in a harmful way. ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel therefore finds that Mr Cundick's actions constitute conduct that may bring the ./Cundick__Allan_14540_-_Web_decision.pdf-profession into disrepute. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Regarding allegations 1 to 8, the panel is satisfied that the conduct of Mr Cundick in ./Cundick__Allan_14540_-_Web_decision.pdf-relation to the facts it has found proved, involved the same breaches of the Teachers’ ./Cundick__Allan_14540_-_Web_decision.pdf-Standards as referred to earlier. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel noted that the individual’s actions were relevant to teaching, working with ./Cundick__Allan_14540_-_Web_decision.pdf:children and/or working in an education setting. The offences were of a sexual nature ./Cundick__Allan_14540_-_Web_decision.pdf-and were committed when he was in a position of trust within his church community. ./Cundick__Allan_14540_-_Web_decision.pdf-Some of the offences involved children of school age. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel noted that the behaviour involved in committing the offences had an impact on ./Cundick__Allan_14540_-_Web_decision.pdf-the safety and well-being of the victims. According to the sentencing transcript, this ./Cundick__Allan_14540_-_Web_decision.pdf-involved psychological trauma, including inability to trust people, loss of religious faith, ./Cundick__Allan_14540_-_Web_decision.pdf-self-harm and suicide attempts. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Cundick__Allan_14540_-_Web_decision.pdf-The panel considered that Mr Cundick's behaviour in committing the offences could affect ./Cundick__Allan_14540_-_Web_decision.pdf-the public confidence in the teaching profession given the influence that teachers may ./Cundick__Allan_14540_-_Web_decision.pdf-have on pupils, parents and others in the community. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has noted that Mr Cundick's behaviour has ultimately led to him receiving a ./Cundick__Allan_14540_-_Web_decision.pdf-significant sentence of imprisonment which is indicative of the seriousness of the ./Cundick__Allan_14540_-_Web_decision.pdf:offences committed. In addition, Mr Cundick was placed on the sex offenders register ./Cundick__Allan_14540_-_Web_decision.pdf:indefinitely and was also made the subject of a sexual offences prevention order ./Cundick__Allan_14540_-_Web_decision.pdf-indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf:This is a case involving offences of sexual activity, which the Advice states are likely to ./Cundick__Allan_14540_-_Web_decision.pdf-be considered relevant offences. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel, therefore, considers these convictions are relevant to Mr Cundick's ongoing ./Cundick__Allan_14540_-_Web_decision.pdf-suitability to teach and are relevant offences. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Panel’s recommendation to the Secretary of State ./Cundick__Allan_14540_-_Web_decision.pdf-Given the panel’s findings in respect of unacceptable professional conduct/conduct that ./Cundick__Allan_14540_-_Web_decision.pdf-may bring the profession into disrepute and convictions of relevant offences, it is ./Cundick__Allan_14540_-_Web_decision.pdf-necessary for the panel to go on to consider whether it would be appropriate to -- ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick. The panel took further account of the Advice, which suggests that a prohibition ./Cundick__Allan_14540_-_Web_decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Cundick__Allan_14540_-_Web_decision.pdf-of such behaviours, those that are relevant in this case are: ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-  serious departure from the personal and professional conduct elements of the ./Cundick__Allan_14540_-_Web_decision.pdf- Teachers’ Standards; ./Cundick__Allan_14540_-_Web_decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Cundick__Allan_14540_-_Web_decision.pdf- particularly where there is a continuing risk; ./Cundick__Allan_14540_-_Web_decision.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Cundick__Allan_14540_-_Web_decision.pdf-  abuse of position or trust (particularly involving vulnerable individuals); ./Cundick__Allan_14540_-_Web_decision.pdf:  sexual misconduct, involving actions that were sexually motivated or of a sexual ./Cundick__Allan_14540_-_Web_decision.pdf- nature and that use or exploit the trust, knowledge or influence derived from the ./Cundick__Allan_14540_-_Web_decision.pdf- individual’s professional position; ./Cundick__Allan_14540_-_Web_decision.pdf-  the commission of serious criminal offences, resulting in convictions and a caution. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 10 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-had a previously good history in his teaching career. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel notes from the sentencing transcript that the judge refers to Mr Cundick's lack ./Cundick__Allan_14540_-_Web_decision.pdf-of insight, which included attempts to minimise the offence which led to the caution and ./Cundick__Allan_14540_-_Web_decision.pdf-also Mr Cundick's description of his behaviour as a 'momentary lapse.' The judge also ./Cundick__Allan_14540_-_Web_decision.pdf-referred to Mr Cundick's assertion that there was no evidence of severe psychological ./Cundick__Allan_14540_-_Web_decision.pdf-harm suffered by victims, when the judge's conclusion was to the contrary. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also noted from the sentencing transcript that his pre-sentence report ./Cundick__Allan_14540_-_Web_decision.pdf-assessed Mr Cundick as posing a high risk of committing such offences in the future if ./Cundick__Allan_14540_-_Web_decision.pdf:the opportunity arose. The court concluded that it was necessary to impose a sexual ./Cundick__Allan_14540_-_Web_decision.pdf-offences prevention order under sections 104 and 106 of the Sexual Offences Act 2003 ./Cundick__Allan_14540_-_Web_decision.pdf-to prevent Mr Cundick from committing further offences. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel is of the view that prohibition is both proportionate and appropriate. The panel ./Cundick__Allan_14540_-_Web_decision.pdf-has decided that the public interest considerations outweigh the interests of Mr Cundick. ./Cundick__Allan_14540_-_Web_decision.pdf-The panel considers that the behaviour of an individual with such convictions, who is on ./Cundick__Allan_14540_-_Web_decision.pdf:the sex offenders register and subject to a sexual offences prevention order indefinitely, ./Cundick__Allan_14540_-_Web_decision.pdf-is fundamentally incompatible with being a teacher. Accordingly, the panel makes a ./Cundick__Allan_14540_-_Web_decision.pdf-recommendation to the Secretary of State that a prohibition order should be imposed with ./Cundick__Allan_14540_-_Web_decision.pdf-immediate effect. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Cundick__Allan_14540_-_Web_decision.pdf-a review period of the order should be considered. The panel was mindful that a ./Cundick__Allan_14540_-_Web_decision.pdf-prohibition order applies for life, but there may be circumstances in any given case that ./Cundick__Allan_14540_-_Web_decision.pdf-may make it appropriate to allow a teacher to apply to have the prohibition order ./Cundick__Allan_14540_-_Web_decision.pdf-reviewed after a specified period of time that may not be less than 2 years. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Cundick__Allan_14540_-_Web_decision.pdf:review period being recommended. These behaviours include serious sexual ./Cundick__Allan_14540_-_Web_decision.pdf:misconduct, where the act was sexually motivated and resulted in or had the potential to ./Cundick__Allan_14540_-_Web_decision.pdf-result in, harm to a person or persons, particularly where the individual has used their ./Cundick__Allan_14540_-_Web_decision.pdf-professional position to influence or exploit a person or persons. The judge noted that it ./Cundick__Allan_14540_-_Web_decision.pdf-was significant in this case that Mr Cundick was a 'highly respected member and integral ./Cundick__Allan_14540_-_Web_decision.pdf-part of a close knit church community.' The panel notes also the judge's remarks that Mr ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 11 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf-case. The panel has found all the allegations proven, given Mr Cundick has been ./Cundick__Allan_14540_-_Web_decision.pdf-convicted as alleged of relevant offences. The panel is satisfied that Mr Cundick is guilty ./Cundick__Allan_14540_-_Web_decision.pdf-of unacceptable professional conduct and conduct that may bring the profession into ./Cundick__Allan_14540_-_Web_decision.pdf-disrepute. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-I note the panel is satisfied that the conduct of Mr Cundick in relation to the facts found ./Cundick__Allan_14540_-_Web_decision.pdf-proved, involved breaches of the Teachers’ Standards. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-Mr Cundick has been convicted of indecent assault . In respect of four of these offences ./Cundick__Allan_14540_-_Web_decision.pdf-the female concerned was under 14 years of age. Mr Cundick was sentenced to ./Cundick__Allan_14540_-_Web_decision.pdf:imprisonment and ordered to sign the sex offenders register indefinitely. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-I have considered the public interest in this case. I agree with the panel that there is a ./Cundick__Allan_14540_-_Web_decision.pdf-strong public interest consideration of the protection of pupils and other members of the ./Cundick__Allan_14540_-_Web_decision.pdf-public given the seriousness of the behaviour. I agree with the panel that the conduct ./Cundick__Allan_14540_-_Web_decision.pdf-found against Mr Cundick was outside that which could be reasonably tolerated. ./Cundick__Allan_14540_-_Web_decision.pdf-In carrying out the balancing exercise, the panel has considered the public interest ./Cundick__Allan_14540_-_Web_decision.pdf-considerations both in favour of and against prohibition, as well as the interests of Mr ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick. I note there was no evidence that Mr Cundick’s actions were not deliberate nor ./Cundick__Allan_14540_-_Web_decision.pdf-any evidence to suggest that he was acting under duress. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has also noted from the sentencing transcript that the judge refers to Mr ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick’s lack of insight, and that his pre-sentence report assessed Mr Cundick as ./Cundick__Allan_14540_-_Web_decision.pdf-posing a high risk of committing such offences in the future if the opportunity arose. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-The panel has decided that the public interest considerations outweigh the interests of Mr ./Cundick__Allan_14540_-_Web_decision.pdf-Cundick. I agree with that view. I agree with the panel that the behaviour of an individual ./Cundick__Allan_14540_-_Web_decision.pdf-with such convictions is fundamentally incompatible with being a teacher. I therefore ./Cundick__Allan_14540_-_Web_decision.pdf-agree with the panel that prohibition is both proportionate and appropriate. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-I now turn to the matter of a review period. I agree with the panel that the findings that Mr ./Cundick__Allan_14540_-_Web_decision.pdf:Cundick’s lack of insight, his risk of further offending, and the serious sexual misconduct ./Cundick__Allan_14540_-_Web_decision.pdf-involved indicated a situation in which a review period would not be appropriate. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf- 12 ./Cundick__Allan_14540_-_Web_decision.pdf- -- ./Cundick__Allan_14540_-_Web_decision.pdf:Due to the serious sexual misconduct in this case and for the reasons set out above, I ./Cundick__Allan_14540_-_Web_decision.pdf-agree with the panel’s recommendation, that a prohibition order should be imposed and ./Cundick__Allan_14540_-_Web_decision.pdf-that no review period should be allowed. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-This means that Mr Allan Cundick is prohibited from teaching indefinitely and ./Cundick__Allan_14540_-_Web_decision.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Cundick__Allan_14540_-_Web_decision.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Cundick__Allan_14540_-_Web_decision.pdf-found proved against him, I have decided that Mr Cundick shall not be entitled to apply ./Cundick__Allan_14540_-_Web_decision.pdf-for restoration of his eligibility to teach. ./Cundick__Allan_14540_-_Web_decision.pdf- ./Cundick__Allan_14540_-_Web_decision.pdf-This order takes effect from the date on which it is served on the teacher. ./Cuthbertson_Paul_-_Web_Decision.pdf-correspondence between the presenting officer and Mr Cuthbertson. They were ./Cuthbertson_Paul_-_Web_Decision.pdf-paginated as follows 560 to 583 and placed at the back of the bundle. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-An application to amend the allegations: ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-An application was made by the presenting officer to amend the Notice of Proceedings ./Cuthbertson_Paul_-_Web_Decision.pdf-by correcting a typographical error in allegation 1.f. The presenting officer wished to ./Cuthbertson_Paul_-_Web_Decision.pdf-replace the word “yours” with the word “mine”. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel also considered, despite there being no applications before it on the point, ./Cuthbertson_Paul_-_Web_Decision.pdf:whether to amend the allegations to include the allegation of “sexual motivation”. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel had the power to, in the interests of justice, amend the allegation or the ./Cuthbertson_Paul_-_Web_Decision.pdf-particulars of an allegation, at any stage before making its decision about whether the ./Cuthbertson_Paul_-_Web_Decision.pdf-facts of the case have been proved. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-Before making an amendment, the panel was required to consider any representations ./Cuthbertson_Paul_-_Web_Decision.pdf-by the presenting officer and by Mr Cuthbertson, and the presenting officer had been ./Cuthbertson_Paul_-_Web_Decision.pdf-afforded that opportunity. Mr Cuthbertson was not due to his absence from the hearing. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel considered that the typographical error proposed would not change the nature, -- ./Cuthbertson_Paul_-_Web_Decision.pdf-In addition the panel considered whether, of its own volition, it should amend the ./Cuthbertson_Paul_-_Web_Decision.pdf:allegations to include an allegation of sexual motivation. The presenting officer did not ./Cuthbertson_Paul_-_Web_Decision.pdf:wish to amend the allegations to include sexual motivation. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-It was considered that adding this allegation could change the nature and scope of the ./Cuthbertson_Paul_-_Web_Decision.pdf-allegations, but would certainly change the seriousness of the allegations. There was a ./Cuthbertson_Paul_-_Web_Decision.pdf-real risk that Mr Cuthbertson’s case may have been presented differently were he facing ./Cuthbertson_Paul_-_Web_Decision.pdf:an allegation of sexual motivation. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel noted that the witness statements that were potentially relevant to an ./Cuthbertson_Paul_-_Web_Decision.pdf:allegation of sexual motivation were included in the panel bundle already, as they ./Cuthbertson_Paul_-_Web_Decision.pdf-appeared to relate allegations 1.a. to 1.k. They had therefore been seen by Mr ./Cuthbertson_Paul_-_Web_Decision.pdf-Cuthbertson and he had had the opportunity to respond to those as allegations 1.a. to ./Cuthbertson_Paul_-_Web_Decision.pdf-1.k. had been disclosed to Mr Cuthbertson prior to the hearing. Mr Cuthbertson provided ./Cuthbertson_Paul_-_Web_Decision.pdf-his response to allegations 1.a. to 1.k. in advance of the hearing, and upon reading that, ./Cuthbertson_Paul_-_Web_Decision.pdf:the panel considered whether, had there also been an allegation of sexual motivation, Mr ./Cuthbertson_Paul_-_Web_Decision.pdf-Cuthbertson’s defence may have been different. The panel considered that it would have ./Cuthbertson_Paul_-_Web_Decision.pdf-been. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-The panel therefore considered that Mr Cuthbertson could suffer prejudice, unfairness ./Cuthbertson_Paul_-_Web_Decision.pdf:and harm, if the allegation of sexual motivation were to be added now. The panel does ./Cuthbertson_Paul_-_Web_Decision.pdf-not consider that it would be in the interests of justice to amend the allegation and so it ./Cuthbertson_Paul_-_Web_Decision.pdf-decided not to do so. ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-D. Summary of evidence ./Cuthbertson_Paul_-_Web_Decision.pdf-Documents ./Cuthbertson_Paul_-_Web_Decision.pdf-In advance of the hearing, the panel received a bundle of documents which included: ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Cuthbertson_Paul_-_Web_Decision.pdf-Section 1: Chronology and anonymised pupil list – pages 2 to 4 ./Cuthbertson_Paul_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-B. Allegations ./Dawson__M_-_Web_Decision.pdf-The panel considered the allegations set out in the Notice of Meeting dated 2 October ./Dawson__M_-_Web_Decision.pdf-2018. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-It was alleged that Mr Matthew Dawson was guilty of having been convicted of a relevant ./Dawson__M_-_Web_Decision.pdf-offence, in that: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-On or around 25 August 2016 he was convicted at Wolverhampton Crown Court of the ./Dawson__M_-_Web_Decision.pdf:offence of sexual activity with a female aged 13-17 years old, without reasonable belief ./Dawson__M_-_Web_Decision.pdf-that she was 18 years old and by abuse of position of trust, contrary to section 16 of the ./Dawson__M_-_Web_Decision.pdf-Sexual Offences Act 2003. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Mr Dawson had admitted by way of the Statement of Agreed Facts signed by him on 1 ./Dawson__M_-_Web_Decision.pdf-September 2018 that he had been convicted and that the conviction amounted to a ./Dawson__M_-_Web_Decision.pdf-conviction of a relevant offence. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-C. Summary of evidence ./Dawson__M_-_Web_Decision.pdf-Documents -- ./Dawson__M_-_Web_Decision.pdf-7 to 10 ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Section 4: Teaching Regulation Agency documents – pages 11 to 38 ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Section 5: Teacher documents – pages 39 to 55. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Statement of agreed facts ./Dawson__M_-_Web_Decision.pdf-The panel considered a statement of agreed facts which was signed by Mr Dawson on 1 ./Dawson__M_-_Web_Decision.pdf-September 2018. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf:This confirmed Mr Dawson's admissions that he had conducted a sexual relationship with ./Dawson__M_-_Web_Decision.pdf-Pupil A for around 6 months from November 2014. Pupil A was, at the time, a pupil in Mr ./Dawson__M_-_Web_Decision.pdf-Dawson's [Redacted] class and aged 17. The statement of agreed facts further confirmed ./Dawson__M_-_Web_Decision.pdf:that Mr Dawson had pleaded guilty to sexual activity with a child by abuse of position of ./Dawson__M_-_Web_Decision.pdf-trust contrary to section 16 of the Sexual Offences Act 2003 on 25 August 2016 and was ./Dawson__M_-_Web_Decision.pdf-sentenced to 12 months imprisonment and ordered to sign on to the Sex Offenders ./Dawson__M_-_Web_Decision.pdf-Register for 10 years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- 4 ./Dawson__M_-_Web_Decision.pdf- -- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-We confirm that we have read all the documents provided in the bundle in advance of the ./Dawson__M_-_Web_Decision.pdf-meeting. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-In advance of the meeting, the TRA agreed to a request from Mr Dawson that the ./Dawson__M_-_Web_Decision.pdf-allegations be considered without a hearing. We have the ability to direct that the case be ./Dawson__M_-_Web_Decision.pdf-considered at a hearing if required in the interests of justice or in the public interest. We ./Dawson__M_-_Web_Decision.pdf-did not determine that such a direction is necessary or appropriate in this case. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-This is a case in which it was alleged that Mr Dawson had been convicted of a relevant ./Dawson__M_-_Web_Decision.pdf:offence, by way of section 16 of the Sexual Offences Act 2003, following a sexual ./Dawson__M_-_Web_Decision.pdf-relationship that he had conducted with a [Redacted] pupil for around 6 months from ./Dawson__M_-_Web_Decision.pdf-November 2014. The pupil was, at the time, in Mr Dawson's [Redacted] class and aged ./Dawson__M_-_Web_Decision.pdf-17. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Findings of fact ./Dawson__M_-_Web_Decision.pdf-Our findings of fact are as follows: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-We have found the following particulars of the allegations against you proven, for these ./Dawson__M_-_Web_Decision.pdf-reasons: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-On or around 25 August 2016 you were convicted at Wolverhampton Crown Court ./Dawson__M_-_Web_Decision.pdf:of the offence of sexual activity with a female aged 13-17 years old, without ./Dawson__M_-_Web_Decision.pdf-reasonable belief that she was 18 years old and by abuse of position of trust, ./Dawson__M_-_Web_Decision.pdf-contrary to section 16 of the Sexual Offences Act 2003. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Mr Dawson has accepted by way of the signed statement of agreed facts that he was ./Dawson__M_-_Web_Decision.pdf-convicted of the above criminal offence. This is further confirmed by way of the certificate ./Dawson__M_-_Web_Decision.pdf-of conviction that appears at page 19 of the bundle. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-We accept the conviction as having proved the facts of the case that relate to the ./Dawson__M_-_Web_Decision.pdf:conviction, that Mr Dawson conducted a sexual relationship with a 17 year old pupil in his ./Dawson__M_-_Web_Decision.pdf-[Redacted] class from November 2014 until April 2015. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Findings as to conviction of a relevant offence ./Dawson__M_-_Web_Decision.pdf-The panel is satisfied that the conduct of Mr Dawson in relation to the facts it has found ./Dawson__M_-_Web_Decision.pdf-proved, involved breaches of the Teachers’ Standards. We consider that by reference to ./Dawson__M_-_Web_Decision.pdf-Part Two, Mr Dawson is in breach of the following standards: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- -- ./Dawson__M_-_Web_Decision.pdf-The panel has also taken account of how the teaching profession is viewed by others. ./Dawson__M_-_Web_Decision.pdf-The panel considered that Mr Dawson's behaviour in committing the offence could affect ./Dawson__M_-_Web_Decision.pdf-the public confidence in the teaching profession given the influence that teachers may ./Dawson__M_-_Web_Decision.pdf-have on pupils, parents and others in the community. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel has noted that Mr Dawson’s behaviour has ultimately led to him receiving a ./Dawson__M_-_Web_Decision.pdf-sentence of 12 months imprisonment which is indicative of the seriousness of the offence ./Dawson__M_-_Web_Decision.pdf-committed. He has also been ordered to sign on to the Sex Offenders Register for a ./Dawson__M_-_Web_Decision.pdf-period of 10 years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf:This is a case involving an offence of sexual activity with a 17 year old pupil by abuse of ./Dawson__M_-_Web_Decision.pdf-position of trust, which the Advice states is likely to be considered a relevant offence. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel has found the seriousness of the offending behaviour that led to the conviction ./Dawson__M_-_Web_Decision.pdf-is relevant to the teacher’s ongoing suitability to teach. The panel considers that a finding ./Dawson__M_-_Web_Decision.pdf-that this conviction is a relevant offence is necessary to reaffirm clear standards of ./Dawson__M_-_Web_Decision.pdf-conduct so as to maintain public confidence in the teaching profession. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Panel’s recommendation to the Secretary of State ./Dawson__M_-_Web_Decision.pdf-Given the panel’s findings in respect of conviction of a relevant offence, it is necessary -- ./Dawson__M_-_Web_Decision.pdf-The panel has considered the particular public interest considerations set out in the ./Dawson__M_-_Web_Decision.pdf-Advice and having done so has found a number of them to be relevant in this case. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-In light of the panel’s findings against Mr Dawson, which involved his conviction for ./Dawson__M_-_Web_Decision.pdf:having conducted a sexual relationship with one of his [Redacted] pupils and subsequent ./Dawson__M_-_Web_Decision.pdf-sentence to 12 months imprisonment at Wolverhampton Crown Court, there is a strong ./Dawson__M_-_Web_Decision.pdf-public interest consideration in respect of the protection of pupils. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel considers that public confidence in the profession could be seriously ./Dawson__M_-_Web_Decision.pdf-weakened if conduct such as that found against Mr Dawson were not treated with the ./Dawson__M_-_Web_Decision.pdf-utmost seriousness when regulating the conduct of the profession. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel considered that a strong public interest consideration in declaring proper ./Dawson__M_-_Web_Decision.pdf-standards of conduct in the profession was also present, as the conduct found against Mr ./Dawson__M_-_Web_Decision.pdf-Dawson was outside that which could reasonably be tolerated. -- ./Dawson__M_-_Web_Decision.pdf-considerations both in favour of and against prohibition as well as the interests of Mr ./Dawson__M_-_Web_Decision.pdf-Dawson. The panel took further account of the Advice, which suggests that a prohibition ./Dawson__M_-_Web_Decision.pdf-order may be appropriate if certain behaviours of a teacher have been proven. In the list ./Dawson__M_-_Web_Decision.pdf-of such behaviours, those that are relevant in this case are: ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-  serious departure from the personal and professional conduct elements of the ./Dawson__M_-_Web_Decision.pdf- Teachers’ Standards; ./Dawson__M_-_Web_Decision.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Dawson__M_-_Web_Decision.pdf- particularly where there is a continuing risk; ./Dawson__M_-_Web_Decision.pdf-  abuse of position or trust ./Dawson__M_-_Web_Decision.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Dawson__M_-_Web_Decision.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Dawson__M_-_Web_Decision.pdf- from the individual’s professional position; ./Dawson__M_-_Web_Decision.pdf-  the commission of a serious criminal offence, including those that resulted in a ./Dawson__M_-_Web_Decision.pdf- conviction, paying particular attention to offences that are ‘relevant matters’ for the ./Dawson__M_-_Web_Decision.pdf- purposes of The Police Act 1997 and criminal record disclosures. ./Dawson__M_-_Web_Decision.pdf-Even though there were behaviours that would point to a prohibition order being ./Dawson__M_-_Web_Decision.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Dawson__M_-_Web_Decision.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Dawson__M_-_Web_Decision.pdf-measure to impose, particularly taking into account the nature and severity of the ./Dawson__M_-_Web_Decision.pdf-behaviour in this case. ./Dawson__M_-_Web_Decision.pdf- -- ./Dawson__M_-_Web_Decision.pdf-prohibition order should be imposed with immediate effect. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Dawson__M_-_Web_Decision.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Dawson__M_-_Web_Decision.pdf-advises that a prohibition order applies for life, but there may be circumstances in any ./Dawson__M_-_Web_Decision.pdf-given case that may make it appropriate to allow a teacher to apply to have the ./Dawson__M_-_Web_Decision.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Dawson__M_-_Web_Decision.pdf-years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Dawson__M_-_Web_Decision.pdf:review period being recommended. These behaviours include serious sexual ./Dawson__M_-_Web_Decision.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Dawson__M_-_Web_Decision.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Dawson__M_-_Web_Decision.pdf-professional position to influence or exploit a person. The panel has found that Mr ./Dawson__M_-_Web_Decision.pdf:Dawson has been responsible for serious sexual misconduct in circumstances of an ./Dawson__M_-_Web_Decision.pdf-abuse of his position of trust and is subject to the Sex Offenders notification requirements ./Dawson__M_-_Web_Decision.pdf-for 10 years. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-The panel felt the findings indicated a situation in which a review period would not be ./Dawson__M_-_Web_Decision.pdf-appropriate and as such decided that it would be proportionate in all the circumstances ./Dawson__M_-_Web_Decision.pdf-for the prohibition order to be recommended without provisions for a review period. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-Decision and reasons on behalf of the Secretary of State ./Dawson__M_-_Web_Decision.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Dawson__M_-_Web_Decision.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Dawson__M_-_Web_Decision.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Dawson__M_-_Web_Decision.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Dawson__M_-_Web_Decision.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Dawson__M_-_Web_Decision.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./Dawson__M_-_Web_Decision.pdf-have considered therefore whether or not prohibiting Mr Dawson, and the impact that will ./Dawson__M_-_Web_Decision.pdf-have on him, is proportionate and in the public interest. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Dawson__M_-_Web_Decision.pdf-children. The panel has observed, “In light of the panel’s findings against Mr Dawson, ./Dawson__M_-_Web_Decision.pdf:which involved his conviction for having conducted a sexual relationship with one of his ./Dawson__M_-_Web_Decision.pdf-[Redacted] pupils and subsequent sentence to 12 months imprisonment at ./Dawson__M_-_Web_Decision.pdf-Wolverhampton Crown Court, there is a strong public interest consideration in respect of ./Dawson__M_-_Web_Decision.pdf-the protection of pupils”. A prohibition order would therefore prevent such a risk from ./Dawson__M_-_Web_Decision.pdf-being present in the future. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-I have also taken into account the panel’s comments on mitigation, which the panel sets ./Dawson__M_-_Web_Decision.pdf-out as follows, “The panel has also taken into careful consideration the mitigation put ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- 9 -- ./Dawson__M_-_Web_Decision.pdf-order in order to maintain public confidence in the profession. A published decision of this ./Dawson__M_-_Web_Decision.pdf-nature that is not backed up by full remorse or insight, does not in my view satisfy the ./Dawson__M_-_Web_Decision.pdf-public interest requirement concerning public confidence in the profession. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Dawson__M_-_Web_Decision.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Dawson__M_-_Web_Decision.pdf-recommended that no provision should be made for a review period. ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf:I have considered the panel’s comments “These behaviours include serious sexual ./Dawson__M_-_Web_Decision.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Dawson__M_-_Web_Decision.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Dawson__M_-_Web_Decision.pdf-professional position to influence or exploit a person. The panel has found that Mr ./Dawson__M_-_Web_Decision.pdf:Dawson has been responsible for serious sexual misconduct in circumstances of an ./Dawson__M_-_Web_Decision.pdf-abuse of his position of trust and is subject to the Sex Offenders notification requirements ./Dawson__M_-_Web_Decision.pdf-for 10 years.” ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- ./Dawson__M_-_Web_Decision.pdf- 10 ./Dawson__M_-_Web_Decision.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- b. meeting with her, including: ./Dean_-_16488_-_WEB_DECISION.pdf- i. on or around 12 August 2016; ./Dean_-_16488_-_WEB_DECISION.pdf- ii. for walks on one or more occasions during the summer of 2016; ./Dean_-_16488_-_WEB_DECISION.pdf- iii. at his flat on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- c. buying gifts for Pupil A on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- d. kissing Pupil A on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf: e. engaging in sexual activity with Pupil A on one or more occasions; ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf: 2. His conduct as may be found proven at allegation 1 above was conduct of a sexual ./Dean_-_16488_-_WEB_DECISION.pdf: nature and/or sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean has not made any unequivocal admission to the facts of the case in response to ./Dean_-_16488_-_WEB_DECISION.pdf-the Notice of Proceedings. The allegations were taken not to have been admitted. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-C. Preliminary applications ./Dean_-_16488_-_WEB_DECISION.pdf-The presenting officer applied to proceed with the hearing in the absence of Mr Dean. ./Dean_-_16488_-_WEB_DECISION.pdf-After hearing submissions from the presenting officer, and receiving legal advice, the ./Dean_-_16488_-_WEB_DECISION.pdf-panel announced the decision as follows: -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel announced its decision and reasons as follows: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has carefully considered the case before us and has reached a decision. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel confirms that it has read all the documents provided in the bundle in advance ./Dean_-_16488_-_WEB_DECISION.pdf-of the hearing. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean was a teacher at Thamesview Secondary School between 1 September 2013 ./Dean_-_16488_-_WEB_DECISION.pdf-and 31 December 2016. Between 2015 and 2016, Mr Dean taught science to Pupil A. ./Dean_-_16488_-_WEB_DECISION.pdf-This case relates to an allegation that Mr Dean had an inappropriate relationship with ./Dean_-_16488_-_WEB_DECISION.pdf:Pupil A, and that this relationship was of a sexual nature and/or sexually motivated. It is ./Dean_-_16488_-_WEB_DECISION.pdf-said that this relationship started in the summer of 2016 and continued into 2017 whilst ./Dean_-_16488_-_WEB_DECISION.pdf-Pupil A studied at North Kent College. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-It is alleged that the relationship in question was inappropriate in as far as it took place in ./Dean_-_16488_-_WEB_DECISION.pdf-close proximity in time to the period when a direct pupil-teacher relationship existed, and ./Dean_-_16488_-_WEB_DECISION.pdf-undermined the professional standing of Mr Dean as a teacher. For this reason, it is ./Dean_-_16488_-_WEB_DECISION.pdf-alleged that the conduct of Mr Dean amounts to unacceptable professional conduct ./Dean_-_16488_-_WEB_DECISION.pdf-and/or conduct which may bring the profession into disrepute. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Findings of fact -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel received hearsay evidence in the form of comments attributed to Pupil A by ./Dean_-_16488_-_WEB_DECISION.pdf-Individual A during her interview. In this interview, Pupil A stated that she had kissed Mr ./Dean_-_16488_-_WEB_DECISION.pdf-Dean at some point after August 2016. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean was questioned about this in his police interview, and admitted that he kissed ./Dean_-_16488_-_WEB_DECISION.pdf-Pupil A (page 123). Whilst the panel had not heard live evidence from Pupil A it took the ./Dean_-_16488_-_WEB_DECISION.pdf-view that her hearsay account (reported by Individual A) corroborated the clear ./Dean_-_16488_-_WEB_DECISION.pdf-admission by Mr Dean to this conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The kissing itself was accepted by Mr Dean to be connected to his personal relationship ./Dean_-_16488_-_WEB_DECISION.pdf:with Pupil A, as opposed to kissing her to greet her, and was thus sexualised in nature. ./Dean_-_16488_-_WEB_DECISION.pdf-Given Mr Dean's position as a teacher who had developed a relationship with Pupil A as ./Dean_-_16488_-_WEB_DECISION.pdf-a result of his very recent professional duties as her teacher, such actions were ./Dean_-_16488_-_WEB_DECISION.pdf-inappropriate. In consequence, the panel is satisfied that the kissing by Mr Dean formed ./Dean_-_16488_-_WEB_DECISION.pdf-part of his engagement in an inappropriate relationship with pupil A and thus allegation 1 ./Dean_-_16488_-_WEB_DECISION.pdf-d. is found proven in full. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf: a. engaging in sexual activity with Pupil A on one or more occasions. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-As set out above in relation to allegation 1 d., the panel has found that Mr Dean kissed ./Dean_-_16488_-_WEB_DECISION.pdf:Pupil A on at least one occasion, and that such kissing was of a sexualised nature. The ./Dean_-_16488_-_WEB_DECISION.pdf:panel is thus satisfied that, to this extent, Mr Dean did engage in sexual activity with Pupil ./Dean_-_16488_-_WEB_DECISION.pdf-A. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-For the reasons set out above, given the fact that Mr Dean had developed a relationship ./Dean_-_16488_-_WEB_DECISION.pdf-with Pupil A as a result of his very recent professional duties as her teacher, such actions ./Dean_-_16488_-_WEB_DECISION.pdf:were inappropriate. In consequence, the panel was satisfied that the sexual activity in ./Dean_-_16488_-_WEB_DECISION.pdf-question formed part of Mr Dean's engagement in an inappropriate relationship with Pupil ./Dean_-_16488_-_WEB_DECISION.pdf-A and thus allegation 1 e. is found proven in full. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-2. Your conduct as may be found proven at allegation 1 above was conduct of a ./Dean_-_16488_-_WEB_DECISION.pdf:sexual nature and/or sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 8 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has gone on to consider whether those particulars and elements of allegations ./Dean_-_16488_-_WEB_DECISION.pdf:1 found proven amount to conduct of a sexual nature and/or were sexually motivated. For ./Dean_-_16488_-_WEB_DECISION.pdf-the reasons set out below, allegations 1 b.i., ii., and c. were found not proven and were ./Dean_-_16488_-_WEB_DECISION.pdf-thus not considered. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has received legal advice in relation to how to approach the issue as to ./Dean_-_16488_-_WEB_DECISION.pdf:whether conduct can be described as sexual in nature and/or sexually motivated and has ./Dean_-_16488_-_WEB_DECISION.pdf-accepted that advice. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has assessed in detail the circumstances in which the conduct took place to ./Dean_-_16488_-_WEB_DECISION.pdf:consider whether, on the balance of probabilities, the conduct was of a sexual nature, or ./Dean_-_16488_-_WEB_DECISION.pdf:whether a sexual motivation on the part of Mr Dean can be inferred in as far as it could ./Dean_-_16488_-_WEB_DECISION.pdf:be said that his actions were motivated by an intention to obtain sexual gratification. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel considered each particular found proven separately to consider whether the ./Dean_-_16488_-_WEB_DECISION.pdf:conduct was of a sexual nature. There was no evidence before the panel that any of the ./Dean_-_16488_-_WEB_DECISION.pdf-messages sent, or the skype communications found proven at allegations 1 a. i. and 1 a. ./Dean_-_16488_-_WEB_DECISION.pdf:ii. were expressly sexual in nature. Similarly, whilst the use of the terms 'hubby' and 'wife' ./Dean_-_16488_-_WEB_DECISION.pdf:in messages is inappropriate, such messages are not inherently sexual in nature. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf:Similarly, there is no clear evidence that the visit to the flat was, per se, of a sexual ./Dean_-_16488_-_WEB_DECISION.pdf:nature or that sexual activity took place there. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In relation to allegations 1 d. and e., the panel was satisfied that this was conduct of a ./Dean_-_16488_-_WEB_DECISION.pdf:sexual nature as the kissing represented sexual activity between Pupil A and Mr Dean. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has determined that the conduct found proved at allegations 1 a and b. does ./Dean_-_16488_-_WEB_DECISION.pdf:not represent conduct of a sexual nature, but has nevertheless proceeded to consider the ./Dean_-_16488_-_WEB_DECISION.pdf-alternative proposition in the charge, namely whether it can be said that the conduct was ./Dean_-_16488_-_WEB_DECISION.pdf:sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is satisfied that Mr Dean sought to engage with Pupil A and initiate a personal ./Dean_-_16488_-_WEB_DECISION.pdf-and close social relationship, illustrated by the frequency and nature of contact including ./Dean_-_16488_-_WEB_DECISION.pdf-the use of personalised terms such as 'hubby' and 'wife'. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Whilst there is no evidence of Mr Dean planning the development of his relationship, the ./Dean_-_16488_-_WEB_DECISION.pdf-panel is satisfied that the exchange of social media and skype messages with Pupil A ./Dean_-_16488_-_WEB_DECISION.pdf:from 2016 to 2017 was motivated by Mr Dean's intention to commence a sexualised ./Dean_-_16488_-_WEB_DECISION.pdf:relationship with Pupil A, and was sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Similarly, the panel is satisfied that Pupil A's presence in Mr Dean's flat (allegation 1 b. iii) ./Dean_-_16488_-_WEB_DECISION.pdf:was motivated by Mr Dean's intention to pursue a sexualised relationship with Pupil A ./Dean_-_16488_-_WEB_DECISION.pdf:and was sexually motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is thus satisfied that Mr Dean's conduct at allegations 1 a. i, ii., iii; and b iii. ./Dean_-_16488_-_WEB_DECISION.pdf:represents sexually motivated conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 9 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has found that Mr Dean's actions at allegations 1 d. and e. in the form of ./Dean_-_16488_-_WEB_DECISION.pdf:sexualised kissing, was clearly conduct of a sexual nature, and was thus sexually ./Dean_-_16488_-_WEB_DECISION.pdf-motivated. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is satisfied, to the extent set out above, that allegation 2 is found proven. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-Allegations Not Proven ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has found the following particulars of the allegations, 1 b. i. and ii., and c., ./Dean_-_16488_-_WEB_DECISION.pdf-against you not proven, for these reasons: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-1) You engaged in an inappropriate relationship with Pupil A, whom you had taught -- ./Dean_-_16488_-_WEB_DECISION.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Dean_-_16488_-_WEB_DECISION.pdf- statutory provisions … ./Dean_-_16488_-_WEB_DECISION.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Dean_-_16488_-_WEB_DECISION.pdf- frameworks which set out their professional duties and responsibilities. ./Dean_-_16488_-_WEB_DECISION.pdf-The panel is satisfied that the conduct of Mr Dean amounts to misconduct of a serious ./Dean_-_16488_-_WEB_DECISION.pdf-nature which fell significantly short of the standards expected of the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has also considered whether Mr Dean's conduct displayed behaviours ./Dean_-_16488_-_WEB_DECISION.pdf-associated with any of the offences listed on pages 10 and 11 of the Advice. Whilst the ./Dean_-_16488_-_WEB_DECISION.pdf-panel is satisfied that Mr Dean has involved himself in unacceptable professional conduct ./Dean_-_16488_-_WEB_DECISION.pdf:which involves sexual misconduct, it cannot be said that this behaviour is directly ./Dean_-_16488_-_WEB_DECISION.pdf:associated with unlawful sexual activity. In consequence, the panel has found that none ./Dean_-_16488_-_WEB_DECISION.pdf-of the behaviours listed on pages 10 and 11 of the Advice are relevant. The panel notes ./Dean_-_16488_-_WEB_DECISION.pdf-that the allegations took place outside of the education setting. However, Mr Dean only ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 11 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-proximity to his time as her teacher. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel also notes that on 4 September 2016, safeguarding concerns were raised with ./Dean_-_16488_-_WEB_DECISION.pdf-Mr Dean by his school about a meeting with Pupil A at a leisure centre on or around 12 ./Dean_-_16488_-_WEB_DECISION.pdf-August 2016. Whilst the panel was unable to determine whether this meeting had been ./Dean_-_16488_-_WEB_DECISION.pdf-planned and was thus inappropriate, the fact that safeguarding concerns had been raised ./Dean_-_16488_-_WEB_DECISION.pdf-with Mr Dean represented an opportunity for him to reflect upon his relationship with ./Dean_-_16488_-_WEB_DECISION.pdf-Pupil A and the impact that such a relationship may have on this pupil's welfare. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-However, Mr Dean continued his relationship with Pupil A, which developed into one of a ./Dean_-_16488_-_WEB_DECISION.pdf:sexual nature. Such behaviour by Mr Dean represents a departure from the statutory ./Dean_-_16488_-_WEB_DECISION.pdf-frameworks within which teachers are required to work relating to safeguarding and ./Dean_-_16488_-_WEB_DECISION.pdf-consideration of the best interests and welfare of pupils. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-This conduct clearly affects the way Mr Dean fulfils his teaching role and could lead to ./Dean_-_16488_-_WEB_DECISION.pdf-pupils being exposed to or influenced by his behaviour in a harmful way. The panel is ./Dean_-_16488_-_WEB_DECISION.pdf-satisfied that Mr Dean's conduct in relation to the allegations found proven amounts to ./Dean_-_16488_-_WEB_DECISION.pdf-unacceptable professional conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has taken into account how the teaching profession is viewed by others and ./Dean_-_16488_-_WEB_DECISION.pdf-considered the influence that teachers may have on pupils, parents and others in the -- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel has considered the particular public interest considerations set out in the ./Dean_-_16488_-_WEB_DECISION.pdf-Advice and having done so has found a number of them to be relevant in this case. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In light of the panel’s findings against Mr Dean which involved his engagement in an ./Dean_-_16488_-_WEB_DECISION.pdf:inappropriate sexual relationship with a former pupil of his, there is a strong public ./Dean_-_16488_-_WEB_DECISION.pdf-interest consideration in respect of the protection of pupils, the maintenance of public ./Dean_-_16488_-_WEB_DECISION.pdf-confidence in the profession and declaring and upholding proper standards of conduct. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel considers that public confidence in the profession could be seriously ./Dean_-_16488_-_WEB_DECISION.pdf-weakened if conduct such as that found against Mr Dean were not treated with the ./Dean_-_16488_-_WEB_DECISION.pdf-utmost seriousness when regulating the conduct of the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel considered that a strong public interest consideration in declaring proper ./Dean_-_16488_-_WEB_DECISION.pdf-standards of conduct in the profession was also present as the conduct found against Mr ./Dean_-_16488_-_WEB_DECISION.pdf-Dean was outside that which could reasonably be tolerated. -- ./Dean_-_16488_-_WEB_DECISION.pdf-be appropriate if certain behaviours of a teacher have been proven. In the list of such ./Dean_-_16488_-_WEB_DECISION.pdf-behaviours, those that are relevant in this case are: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-  serious departure from the personal and professional conduct elements of the ./Dean_-_16488_-_WEB_DECISION.pdf- Teachers’ Standards; ./Dean_-_16488_-_WEB_DECISION.pdf-  misconduct seriously affecting the education and/or well-being of pupils, and ./Dean_-_16488_-_WEB_DECISION.pdf- particularly where there is a continuing risk; ./Dean_-_16488_-_WEB_DECISION.pdf-  a deep-seated attitude that leads to harmful behaviour; ./Dean_-_16488_-_WEB_DECISION.pdf-  abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Dean_-_16488_-_WEB_DECISION.pdf- rights of pupils; ./Dean_-_16488_-_WEB_DECISION.pdf:  sexual misconduct, eg involving actions that were sexually motivated or of a ./Dean_-_16488_-_WEB_DECISION.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Dean_-_16488_-_WEB_DECISION.pdf- from the individual’s professional position; ./Dean_-_16488_-_WEB_DECISION.pdf-Even though there were behaviours that would point to a prohibition order being ./Dean_-_16488_-_WEB_DECISION.pdf-appropriate, the panel went on to consider whether or not there were sufficient mitigating ./Dean_-_16488_-_WEB_DECISION.pdf-factors to militate against a prohibition order being an appropriate and proportionate ./Dean_-_16488_-_WEB_DECISION.pdf-measure to impose, particularly taking into account the nature and severity of the ./Dean_-_16488_-_WEB_DECISION.pdf-behaviour in this case. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 13 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-immediate effect. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The panel went on to consider whether or not it would be appropriate for them to ./Dean_-_16488_-_WEB_DECISION.pdf-recommend that a review period of the order should be considered. The panel were ./Dean_-_16488_-_WEB_DECISION.pdf-mindful that the Advice advises that a prohibition order applies for life, but there may be ./Dean_-_16488_-_WEB_DECISION.pdf-circumstances in any given case that may make it appropriate to allow a teacher to apply ./Dean_-_16488_-_WEB_DECISION.pdf-to have the prohibition order reviewed after a specified period of time that may not be ./Dean_-_16488_-_WEB_DECISION.pdf-less than 2 years. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-The Advice indicates that there are behaviours that, if proven, would militate against a ./Dean_-_16488_-_WEB_DECISION.pdf:review period being recommended. One of these behaviours includes serious sexual ./Dean_-_16488_-_WEB_DECISION.pdf:misconduct, eg where the act was sexually motivated and resulted in or had the potential ./Dean_-_16488_-_WEB_DECISION.pdf-to result in, harm to a person or persons, particularly where the individual has used their ./Dean_-_16488_-_WEB_DECISION.pdf-professional position to influence or exploit a person or persons. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf:The panel has found that Mr Dean has been responsible for developing a sexual ./Dean_-_16488_-_WEB_DECISION.pdf-relationship with a former pupil, and has thus taken advantage of his professional ./Dean_-_16488_-_WEB_DECISION.pdf-position in that respect. In the course of this relationship and since, Mr Dean has not ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 14 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-Decision and reasons on behalf of the Secretary of State ./Dean_-_16488_-_WEB_DECISION.pdf-I have given very careful consideration to this case and to the recommendation of the ./Dean_-_16488_-_WEB_DECISION.pdf-panel in respect of sanction and review period. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In considering this case, I have also given very careful attention to the advice that is ./Dean_-_16488_-_WEB_DECISION.pdf-published by the Secretary of State concerning the prohibition of teachers. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In this case, the panel has found the some of the allegations proven. The panel has also ./Dean_-_16488_-_WEB_DECISION.pdf-found that some of the allegations amount to unacceptable professional conduct and ./Dean_-_16488_-_WEB_DECISION.pdf-conduct that may bring the profession into disrepute. The panel has also been very clear ./Dean_-_16488_-_WEB_DECISION.pdf:in setting out exactly which findings were findings of conduct of a sexual nature and ./Dean_-_16488_-_WEB_DECISION.pdf:which were sexually motivated. In my consideration of this case I have put from my mind ./Dean_-_16488_-_WEB_DECISION.pdf-matters found not proven. I have also been careful to adhere to the findings of the panel ./Dean_-_16488_-_WEB_DECISION.pdf:in respect of findings of conduct of a sexual nature and conduct that was sexually ./Dean_-_16488_-_WEB_DECISION.pdf-motivated. The panel has made a recommendation to the Secretary of State that Mr ./Dean_-_16488_-_WEB_DECISION.pdf-Dean should be the subject of a prohibition order, with no provision for a review period. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-In particular the panel has found that Mr Dean is in breach of the following standards: ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-  Teachers uphold public trust in the profession and maintain high standards of ./Dean_-_16488_-_WEB_DECISION.pdf- ethics and behaviour, within and outside school, by ./Dean_-_16488_-_WEB_DECISION.pdf- o treating pupils with dignity, building relationships rooted in mutual respect, and ./Dean_-_16488_-_WEB_DECISION.pdf- at all times observing proper boundaries appropriate to a teacher’s ./Dean_-_16488_-_WEB_DECISION.pdf- professional position; ./Dean_-_16488_-_WEB_DECISION.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance with ./Dean_-_16488_-_WEB_DECISION.pdf- statutory provisions … ./Dean_-_16488_-_WEB_DECISION.pdf-  Teachers must have an understanding of, and always act within, the statutory ./Dean_-_16488_-_WEB_DECISION.pdf- frameworks which set out their professional duties and responsibilities. ./Dean_-_16488_-_WEB_DECISION.pdf-The findings of misconduct are particularly serious as they include a finding of both ./Dean_-_16488_-_WEB_DECISION.pdf:sexually motivated behaviour and conduct of a sexual nature. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Dean_-_16488_-_WEB_DECISION.pdf-the public interest. In considering that for this case I have considered the overall aim of a ./Dean_-_16488_-_WEB_DECISION.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Dean_-_16488_-_WEB_DECISION.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- 15 ./Dean_-_16488_-_WEB_DECISION.pdf- -- ./Dean_-_16488_-_WEB_DECISION.pdf-into his behaviour.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf- In my judgement the lack of insight means that there is some risk of the repetition of this ./Dean_-_16488_-_WEB_DECISION.pdf-behaviour and this risks the future well being of other pupils. I have therefore given this ./Dean_-_16488_-_WEB_DECISION.pdf-element considerable weight in reaching my decision. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Dean_-_16488_-_WEB_DECISION.pdf-confidence in the profession. The panel observe, “The findings of misconduct are serious ./Dean_-_16488_-_WEB_DECISION.pdf-and the conduct displayed would likely have a negative impact on the individual’s status ./Dean_-_16488_-_WEB_DECISION.pdf-as a teacher, potentially damaging the public perception.” I am particularly mindful of the ./Dean_-_16488_-_WEB_DECISION.pdf:finding of sexually motivated conduct and conduct of a sexual nature in this case and the ./Dean_-_16488_-_WEB_DECISION.pdf-impact that such a finding has on the reputation of the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have had to consider that the public has a high expectation of professional standards of ./Dean_-_16488_-_WEB_DECISION.pdf-all teachers and that failure to impose a prohibition order might be regarded by the public ./Dean_-_16488_-_WEB_DECISION.pdf-as a failure to uphold those high standards. In weighing these considerations I have had ./Dean_-_16488_-_WEB_DECISION.pdf-to consider the matter from the point of view of an “ordinary intelligent and well-informed ./Dean_-_16488_-_WEB_DECISION.pdf-citizen.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have considered whether the publication of a finding of unacceptable professional ./Dean_-_16488_-_WEB_DECISION.pdf-conduct, in the absence of a prohibition order, can itself be regarded by such a person as -- ./Dean_-_16488_-_WEB_DECISION.pdf-requirement concerning public confidence in the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-For these reasons I have concluded that a prohibition order is proportionate and in the ./Dean_-_16488_-_WEB_DECISION.pdf-public interest in order to achieve the aims which a prohibition order is intended to ./Dean_-_16488_-_WEB_DECISION.pdf-achieve. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have gone on to consider the matter of a review period. In this case the panel has ./Dean_-_16488_-_WEB_DECISION.pdf-recommended that no review period should apply. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have considered the panel’s comments “ Mr Dean has been responsible for developing ./Dean_-_16488_-_WEB_DECISION.pdf:a sexual relationship with a former pupil, and has thus taken advantage of his ./Dean_-_16488_-_WEB_DECISION.pdf-professional position in that respect. In the course of this relationship and since, Mr Dean ./Dean_-_16488_-_WEB_DECISION.pdf-has not expressed any concern for the welfare of Pupil A, or the impact that this ./Dean_-_16488_-_WEB_DECISION.pdf-relationship would have on her.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I have considered whether allowing for a no review period reflects the seriousness of the ./Dean_-_16488_-_WEB_DECISION.pdf-findings and is a proportionate period to achieve the aim of maintaining public confidence ./Dean_-_16488_-_WEB_DECISION.pdf-in the profession. In this case, there are three factors that in my view mean that a two ./Dean_-_16488_-_WEB_DECISION.pdf-year review period is not sufficient to achieve the aim of maintaining public confidence in ./Dean_-_16488_-_WEB_DECISION.pdf:the profession. These elements are the findings of both sexually motivated behaviour and ./Dean_-_16488_-_WEB_DECISION.pdf:conduct of a sexual nature, the lack of either insight or remorse , and the fact that the ./Dean_-_16488_-_WEB_DECISION.pdf-panel state that, “Mr Dean also received a warning in relation to his conduct in the form of ./Dean_-_16488_-_WEB_DECISION.pdf-safeguarding concerns being raised with him by his school on 4 September 2016.” ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-I consider therefore that allowing for a no review period is required to satisfy the ./Dean_-_16488_-_WEB_DECISION.pdf-maintenance of public confidence in the profession. ./Dean_-_16488_-_WEB_DECISION.pdf- ./Dean_-_16488_-_WEB_DECISION.pdf-This means that Mr Norman Dean is prohibited from teaching indefinitely and ./Dean_-_16488_-_WEB_DECISION.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Dean_-_16488_-_WEB_DECISION.pdf-children’s home in England. Furthermore, in view of the seriousness of the allegations ./Dean_-_16488_-_WEB_DECISION.pdf-found proved against him, I have decided that Mr Norman Dean shall not be entitled to ./Decision_A_Doyle.pdf- 1. He failed to maintain professional boundaries with one or more pupils, including by: ./Decision_A_Doyle.pdf- a) allowing one or more pupils to follow his social media profile on Instagram; ./Decision_A_Doyle.pdf- b) replying to one or more comments which he knew were made by pupils on his ./Decision_A_Doyle.pdf- social media profile on Instagram; ./Decision_A_Doyle.pdf- c) privately messaging one or more pupils individually on Instagram; and ./Decision_A_Doyle.pdf- d) messaging one or more pupils as part of a group chat on Instagram. ./Decision_A_Doyle.pdf- 2. One or more of the comments he made to and/or in response to pupils via social ./Decision_A_Doyle.pdf- media were: ./Decision_A_Doyle.pdf- a) inappropriate; and/or ./Decision_A_Doyle.pdf- b) flirtatious; and/or ./Decision_A_Doyle.pdf: c) of a sexual nature ./Decision_A_Doyle.pdf-The teacher in a statement of agreed and disputed facts dated 9 February 2021 admitted ./Decision_A_Doyle.pdf-allegations 1 (b), (c) and (d) and 2 (a). For the avoidance of doubt the teacher denied ./Decision_A_Doyle.pdf-allegations 1 (a) and 2 (b) and (c). Mr Doyle further admitted that the facts of the allegations ./Decision_A_Doyle.pdf-which were admitted amounted to unacceptable professional conduct but denied that the ./Decision_A_Doyle.pdf-facts of the allegations amounted to conduct that may bring the profession into disrepute. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Preliminary applications ./Decision_A_Doyle.pdf-There were no preliminary applications. ./Decision_A_Doyle.pdf- -- ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel found that Mr Doyle’s Instagram profile was open. It was set to ‘public’ which ./Decision_A_Doyle.pdf-enabled anyone to follow him, access his images, comment on his images and send direct ./Decision_A_Doyle.pdf-messages to him. The panel determined that by having his profile set to ‘public’ he allowed ./Decision_A_Doyle.pdf-pupils to follow him, comment on his profile and send direct messages. The teacher failed ./Decision_A_Doyle.pdf-to take into account the guidance outlined in the School’s ICT Policy which stated “Staff ./Decision_A_Doyle.pdf-are advised that if they do have a social media account, it should be made as private as ./Decision_A_Doyle.pdf-possible and any visible content should maintain a professional appearance.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel determined that the teacher did not maintain a professional appearance on his ./Decision_A_Doyle.pdf:Instagram account as he had posted comments against images which inferred sexually ./Decision_A_Doyle.pdf-explicit comments such as “only [REDACTED] I need #Jaaaaaag #Jack.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-On balance the panel found the facts proven in relation to allegation 1 (a). ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel considered the various screen shots taken of Mr Doyle’s Instagram account ./Decision_A_Doyle.pdf-which included comments, images and group chat messages. The panel determined that ./Decision_A_Doyle.pdf-these comments and messages were made to pupils at the School. Mr Doyle engaged in ./Decision_A_Doyle.pdf-private messages with pupils, replied to comments against images and sent messages ./Decision_A_Doyle.pdf-through the group chat mechanism on Instagram. The panel heard evidence from Mr Doyle ./Decision_A_Doyle.pdf-where he admitted that he was aware that during this period he was communicating with a -- ./Decision_A_Doyle.pdf-The panel determined that Mr Doyle could have taken steps to change the settings of his ./Decision_A_Doyle.pdf-Instagram account or to close his account once he had identified that pupils from the ./Decision_A_Doyle.pdf-School were contacting him through social media, at the start of the summer holidays. The ./Decision_A_Doyle.pdf-panel found that Mr Doyle could have taken reasonable steps to close down the account ./Decision_A_Doyle.pdf-quickly. Instead Mr Doyle chose to reply to comments and send messages in the group ./Decision_A_Doyle.pdf-chat for a period of time with pupils from the School. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- 2. One or more of the comments you made to and/or in response to pupils via ./Decision_A_Doyle.pdf- social media were: ./Decision_A_Doyle.pdf- a) inappropriate; and/or ./Decision_A_Doyle.pdf: c) of a sexual nature ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel then considered allegation 2 (a) to (c) namely, to consider the nature of the ./Decision_A_Doyle.pdf-comments made by Mr Doyle and whether they were inappropriate and/or flirtatious and/or ./Decision_A_Doyle.pdf:of a sexual nature. The teacher has admitted allegation 2 (a). ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel considered a number of responses and messages sent by Mr Doyle. The panel ./Decision_A_Doyle.pdf-found that Mr Doyle on a number of occasions referred to Pupils in a derogatory manner ./Decision_A_Doyle.pdf-to include “lego head”, “wussy” and “snakkkke.” The panel noted that the teacher had also ./Decision_A_Doyle.pdf-used language such as “FFS (for fuck’s sake),” “taking the piss” and “fucking circus.” The ./Decision_A_Doyle.pdf-panel determined that these comments were inappropriate and found allegation 2 (a) ./Decision_A_Doyle.pdf-proven. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel as part of the hearing was directed to the short undated handwritten statements ./Decision_A_Doyle.pdf-prepared by the pupils at the School in relation to the School investigation. None of the ./Decision_A_Doyle.pdf-pupils attended the hearing and none of the handwritten statements were signed by a ./Decision_A_Doyle.pdf-statement of truth. The panel was unclear as to how the pupils had been invited to complete ./Decision_A_Doyle.pdf-their statements and as such there was no evidence to exclude collusion. The panel found ./Decision_A_Doyle.pdf-that this evidence was not admissible. In any event the panel decided to consider whether ./Decision_A_Doyle.pdf-the facts of the allegations were proved with reference to the screen shots from social ./Decision_A_Doyle.pdf-media accounts and Mr Doyle’s evidence. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf:The panel then considered whether the comments and messages were of a sexual nature. ./Decision_A_Doyle.pdf-This allegation was denied by the teacher. The panel noted that the social media ./Decision_A_Doyle.pdf-conversations included “[REDACTED]”, “the only girl who will give you attention is your ./Decision_A_Doyle.pdf-mother” and “too hot for me.” The panel found that these comments, on an objective ./Decision_A_Doyle.pdf:assessment, had a sexual tone and were of a sexual nature. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Additionally, the panel found conversations where the teacher had commented “fittest one ./Decision_A_Doyle.pdf-too”, “glad you’re 16 now” and “swoop in.” In his evidence Mr Doyle stated that he was ./Decision_A_Doyle.pdf-reiterating comments made by older men to female pupils on their Instagram accounts. He ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- 7 ./Decision_A_Doyle.pdf- -- ./Decision_A_Doyle.pdf-said that these comments he sent were in “jest, a bit of a joke.” The panel found that Mr ./Decision_A_Doyle.pdf-Doyle did not understand the concerning nature of these messages which had been sent ./Decision_A_Doyle.pdf-to young female pupils and did not recognise them to be a safeguarding concern. The ./Decision_A_Doyle.pdf:panel found the comments to be of a sexual nature and found allegation 2 (c) proven. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel found the following particulars of the allegations against you not proven, for ./Decision_A_Doyle.pdf-these reasons: ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-2. One or more of the comments you made to and/or in response to pupils via social ./Decision_A_Doyle.pdf-media were: ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- b) flirtatious ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel then considered allegation 2 (b). This allegation was denied by the teacher. In ./Decision_A_Doyle.pdf-its consideration of flirtatious comments the panel applied the dictionary definition namely, ./Decision_A_Doyle.pdf:“behaving in such a way as to suggest a playful sexual attraction to someone.” The panel ./Decision_A_Doyle.pdf-considered the responses and the messages Mr Doyle sent to the pupils. [REDACTED]. ./Decision_A_Doyle.pdf:Whilst the panel found that some of these comments included sexual inuendoes and gave ./Decision_A_Doyle.pdf:rise to sexual connotations, the panel did not find that they were directed to individuals and ./Decision_A_Doyle.pdf-therefore, did not find this allegation 2 (b) proven. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_A_Doyle.pdf-may bring the profession into disrepute ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Having found all allegations, save for allegation 2 (b) proven, the panel went on to consider ./Decision_A_Doyle.pdf-whether the facts of those proven allegations amounted to unacceptable professional ./Decision_A_Doyle.pdf-conduct and conduct that may bring the profession into disrepute. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Unprofessional Conduct -- ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel was satisfied that the conduct of Mr Doyle, in relation to the facts found proved, ./Decision_A_Doyle.pdf-involved breaches of ‘Working Together to Safeguard Children.’ ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel was satisfied that Mr Doyle’s conduct fell significantly short of the standards ./Decision_A_Doyle.pdf-expected of the profession. Mr Doyle failed to manage appropriately his social media ./Decision_A_Doyle.pdf-account, by engaging in conversations with pupils through Instagram and failed to stop the ./Decision_A_Doyle.pdf-conversations promptly or change the privacy settings to his account within a reasonable ./Decision_A_Doyle.pdf-period. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf:Mr Doyle used derogatory and foul language and comments of a sexual nature to a number ./Decision_A_Doyle.pdf-of pupils at the School. In his comments the panel found that he called pupils names such ./Decision_A_Doyle.pdf-as “lego head” and “wussy”, he used language such as “FFS”, “piss” and “fucking” when ./Decision_A_Doyle.pdf:conversing with the pupils. He also engaged in conversations with comments of a sexual ./Decision_A_Doyle.pdf-nature and failed to report these as safeguarding concerns to the School. An objective ./Decision_A_Doyle.pdf-assessment would deem such communications as inappropriate and unprofessional. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel found that Mr Doyle’s conduct was due to naivety and an attempt to ./Decision_A_Doyle.pdf-communicate with the pupils, as Mr Doyle said, by trying to “engage with them at their ./Decision_A_Doyle.pdf-level” and “using banter.” The panel found this to be unprofessional and also in breach of ./Decision_A_Doyle.pdf-the School’s ICT Policy and code of conduct. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel also considered whether Mr Doyle’s conduct displayed behaviours associated ./Decision_A_Doyle.pdf-with any of the offences in the list that begins on page 12 of the Advice. The panel ./Decision_A_Doyle.pdf:determined that Mr Doyle’s behaviour involved sexual communication with a child because ./Decision_A_Doyle.pdf:the messages were of a sexual nature. The panel found that there was no evidence that ./Decision_A_Doyle.pdf:the messages were sexually motivated or in pursuit of sexual gratification. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel noted that the allegations took place outside the education setting albeit, he was ./Decision_A_Doyle.pdf-communicating with pupils from his School. Mr Doyle’s conduct, through the inappropriate ./Decision_A_Doyle.pdf-comments and messages he sent pupils, adversely affected the way he fulfilled his ./Decision_A_Doyle.pdf-teaching role and may have led to pupils being exposed to or influenced in a harmful way. ./Decision_A_Doyle.pdf-Mr Doyle called pupils derogatory names, used foul language and sent messages of a ./Decision_A_Doyle.pdf:sexual nature. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Disrepute ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel noted that Mr Doyle denied that his conduct had brought the profession into ./Decision_A_Doyle.pdf-disrepute. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- 9 ./Decision_A_Doyle.pdf- -- ./Decision_A_Doyle.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Decision_A_Doyle.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models ./Decision_A_Doyle.pdf-in the way that they behave. The panel determined that Mr Doyle would have an influential ./Decision_A_Doyle.pdf-role in shaping pupils behaviours. His conduct which included calling pupils names, joking ./Decision_A_Doyle.pdf-about older men approaching the female pupils and using foul language could harm the ./Decision_A_Doyle.pdf-way pupils interact with each other or engage with others on social media. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel noted that the advice is not intended to be exhaustive and there may be other ./Decision_A_Doyle.pdf-behaviours that panels consider to be “conduct that may bring the profession into ./Decision_A_Doyle.pdf-disrepute.” The panel found that Mr Doyle’s communications were inappropriate and of a ./Decision_A_Doyle.pdf:sexual nature. The panel found that his account was set to ‘public’ and therefore the ./Decision_A_Doyle.pdf-comments on his account were available for the public to see. This included parents, other ./Decision_A_Doyle.pdf-teachers and members of the community. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Further, the panel found that Mr Doyle’s misconduct would have a negative impact on the ./Decision_A_Doyle.pdf-profession and did not accept that the impact of his misconduct was limited to just his ./Decision_A_Doyle.pdf-reputation. Mr Doyle as a teacher is in a unique position and is a role model to pupils. His ./Decision_A_Doyle.pdf-failure to maintain appropriate professional boundaries could potentially damage the ./Decision_A_Doyle.pdf-public’s perception of a teacher. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-The panel therefore found that Mr Doyle’s actions constituted conduct that may bring the -- ./Decision_A_Doyle.pdf-In the list of such behaviours, those that were relevant in this case were: ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf- • serious departure from the personal and professional conduct elements of the ./Decision_A_Doyle.pdf- Teachers’ Standards; and ./Decision_A_Doyle.pdf- • misconduct seriously affecting the education and/or safeguarding and well-being of ./Decision_A_Doyle.pdf- pupils. ./Decision_A_Doyle.pdf-The panel considered carefully the seriousness of the behaviour, noting that the Advice ./Decision_A_Doyle.pdf-states that the expectation of both the public and pupils, is that members of the teaching ./Decision_A_Doyle.pdf-profession maintain an exemplary level of integrity and ethical standards at all times. The ./Decision_A_Doyle.pdf-panel found that whilst some of the responses and comments made to pupils at the School ./Decision_A_Doyle.pdf:by Mr Doyle were of a sexual nature, the panel did not find that this conduct was sexually ./Decision_A_Doyle.pdf:motivated or that Mr Doyle sought sexual gratification. The panel found that in relation to ./Decision_A_Doyle.pdf:the facts proven concerning communications of a sexual nature that Mr Doyle’s conduct ./Decision_A_Doyle.pdf-was on the lower end of the spectrum for these types of behaviours. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Mitigation ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-Even though the behaviour found proven in this case indicated that a prohibition order ./Decision_A_Doyle.pdf-could be appropriate, the panel went on to consider the mitigating factors. Mitigating factors ./Decision_A_Doyle.pdf-may indicate that a prohibition order would not be appropriate or proportionate. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-In light of the panel’s findings the panel determined that there was evidence to suggest that ./Decision_A_Doyle.pdf-Mr Doyle’s actions were deliberate but there was no evidence to suggest that he was acting -- ./Decision_A_Doyle.pdf-teacher who had limited teaching experience. For this reason the panel could not consider ./Decision_A_Doyle.pdf-whether Mr Doyle had made an exceptional contribution to the profession.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-A prohibition order would prevent Mr Doyle from teaching. A prohibition order would also ./Decision_A_Doyle.pdf-clearly deprive the public of his contribution to the profession for the period that it is in ./Decision_A_Doyle.pdf-force. ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-I have placed considerable weight on the following findings “The panel found that whilst ./Decision_A_Doyle.pdf-some of the responses and comments made to pupils at the School by Mr Doyle were of a ./Decision_A_Doyle.pdf:sexual nature, the panel did not find that this conduct was sexually motivated or that Mr ./Decision_A_Doyle.pdf:Doyle sought sexual gratification. The panel found that in relation to the facts proven ./Decision_A_Doyle.pdf:concerning communications of a sexual nature that Mr Doyle’s conduct was on the lower ./Decision_A_Doyle.pdf-end of the spectrum for these types of behaviours.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-I have also considered the mitigating factors considered “The panel did not find that Mr ./Decision_A_Doyle.pdf-Doyle’s actions were calculated or self-motivated.” ./Decision_A_Doyle.pdf- ./Decision_A_Doyle.pdf-I have given weight in my consideration of sanction to the following comment “The panel ./Decision_A_Doyle.pdf-was of the view that, applying the standard of the ordinary intelligent citizen, the ./Decision_A_Doyle.pdf-recommendation of no prohibition order would be both a proportionate and an appropriate ./Decision_A_Doyle.pdf-response. Given that the nature and severity of the behaviour were at the less serious end ./Decision_A_Doyle.pdf-of the spectrum and, having considered the mitigating factors that were present, the panel ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-1. Sent one or more of the messages set out in the attached Schedule to a former pupil, ./Decision_Dr_Olivieri_R.pdf- Miss A. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-2. Your conduct at 1 above was: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- a) in breach of the Creative Education Trust's E-Safety policy; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- b) in breach of the Creative Education Trust's Code of Conduct; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: c) sexually motivated. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The Schedule: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- a) "they be mad to be passing you by" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- b) "well I mean your photo says it all they'd be mad" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- c) "let me know I might pop say hi if you can" or words to that effect"; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: d) "oh I love when a lady has a high sex drive" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- e) "can't get enough myself" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- f) "I wish I was some sort of monk. Then I'd have peace of mind 101" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- g) "you got a nice rack to die for" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: h) "I'm into old fashioned sex 101" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- i) "Just fucking sucking and all that hahaha" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- j) "I do like it sucked balls deep hahaha" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- k) "do you spit or..." or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- I) "I mean if hypothetically we ever fucked" or words to that effect; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- m) "would love to have my face buried in those melons" or words to that effect. -- ./Decision_Dr_Olivieri_R.pdf-In October 2019, Miss A sent Dr Olivieri a message via Facebook Messenger. In that ./Decision_Dr_Olivieri_R.pdf-message she apologised for her behaviour whilst she was a pupil and told him he was a ./Decision_Dr_Olivieri_R.pdf-great teacher. Dr Olivieri recognised Miss A as being a former pupil when she sent him ./Decision_Dr_Olivieri_R.pdf-this message. At first, the exchange of messages was sporadic and the topics of ./Decision_Dr_Olivieri_R.pdf-discussion varied including music and parenting amongst others. Around January 2020, ./Decision_Dr_Olivieri_R.pdf:the messages became more flirtatious and then of a sexual nature, as set out in the ./Decision_Dr_Olivieri_R.pdf-allegation schedule. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was satisfied that Dr Olivieri's admissions were unequivocal and wholly ./Decision_Dr_Olivieri_R.pdf-consistent with the surrounding evidence in the bundle. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Accordingly, the panel was satisfied that it was more likely than not that these messages ./Decision_Dr_Olivieri_R.pdf-were sent and found this allegation proved. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-2. Your conduct at 1 above was: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- a) in breach of the Creative Education Trust's E-Safety policy; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- b) in breach of the Creative Education Trust's Code of Conduct; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf: c) sexually motivated. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In the agreed statement of facts, Dr Olivieri admitted all three elements of this allegation ./Decision_Dr_Olivieri_R.pdf-and also confirmed this in his oral evidence. The panel also viewed the relevant sections ./Decision_Dr_Olivieri_R.pdf-of the E-Safety policy and Code of Conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Some of those sections included: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-"All members of staff are advised not to communicate with [. . .] any current or past pupils ./Decision_Dr_Olivieri_R.pdf-[. . .] via any personal social media sites, applications or profiles." And "staff must not [. . ./Decision_Dr_Olivieri_R.pdf:.] attempt to initiate a relationship which is of a sexual nature, with a recent ex-pupil." ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Whilst the panel noted that the word 'recent' could be open to interpretation, it was clear ./Decision_Dr_Olivieri_R.pdf-from the evidence that only two or three years had passed from when Dr Olivieri last ./Decision_Dr_Olivieri_R.pdf-taught Miss A and he was aware she was friends with a current pupil that he still taught. ./Decision_Dr_Olivieri_R.pdf-In those circumstances, the panel formed the view that Miss A could rightly be ./Decision_Dr_Olivieri_R.pdf-considered a rather recent ex-pupil and that the conduct guidance therefore applied. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Having found allegation 1 proved, the panel considered the most likely explanation for ./Decision_Dr_Olivieri_R.pdf:sending messages of this sexual nature would be for sexual gratification as was admitted ./Decision_Dr_Olivieri_R.pdf-by Dr Olivieri. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was satisfied that Dr Olivieri's admissions to all three elements of this ./Decision_Dr_Olivieri_R.pdf-allegation were unequivocal and wholly consistent with the surrounding evidence in the ./Decision_Dr_Olivieri_R.pdf-bundle. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 8 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-Accordingly the panel was satisfied that it was more likely than not that Dr Olivieri had ./Decision_Dr_Olivieri_R.pdf:breached the policy, code of conduct and sent the messages for sexual gratification and ./Decision_Dr_Olivieri_R.pdf:accordingly his conduct was sexually motivated. Therefore, the panel found this ./Decision_Dr_Olivieri_R.pdf-allegation proved. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_Dr_Olivieri_R.pdf-may bring the profession into disrepute ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Having found all the allegations proved, the panel went on to consider whether the facts ./Decision_Dr_Olivieri_R.pdf-of those proved allegations amounted to unacceptable professional conduct and/or ./Decision_Dr_Olivieri_R.pdf-conduct that may bring the profession into disrepute. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition -- ./Decision_Dr_Olivieri_R.pdf-serious nature which fell significantly short of the standards expected of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Dr Olivieri's conduct was not an isolated incident, but persisted for a number of months. It ./Decision_Dr_Olivieri_R.pdf-was clear from the content of some of those messages (such as "I shouldn't say all this to ./Decision_Dr_Olivieri_R.pdf-you either [.] It's very unprofessional") that Dr Olivieri had an understanding at the time ./Decision_Dr_Olivieri_R.pdf-that his conduct was wrong. Dr Olivieri's conduct could not be classified as a momentary ./Decision_Dr_Olivieri_R.pdf-lapse of judgement. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel also considered whether Dr Olivieri's conduct displayed behaviours associated ./Decision_Dr_Olivieri_R.pdf-with any of the offences listed on page 12 of the Advice. The panel found the offence of ./Decision_Dr_Olivieri_R.pdf:'sexual communication with a child' to be relevant. The Advice indicates that where ./Decision_Dr_Olivieri_R.pdf-behaviours associated with such an offence exist, a panel is likely to conclude that an ./Decision_Dr_Olivieri_R.pdf-individual’s conduct would amount to unacceptable professional conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 9 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-The panel noted that the messages were mostly sent outside the school setting, although ./Decision_Dr_Olivieri_R.pdf-Dr Olivieri admitted to sending one of the messages during a school break time, clarifying ./Decision_Dr_Olivieri_R.pdf:that that particular message was not of a sexual nature. Nonetheless, the nature of the ./Decision_Dr_Olivieri_R.pdf-exchange must be considered in the context of his relatively recent professional ./Decision_Dr_Olivieri_R.pdf-relationship with Miss A in the educational setting. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Furthermore, the panel heard evidence from [REDACTED] that Miss B, a current pupil, ./Decision_Dr_Olivieri_R.pdf-was concerned about the impact this situation might have on her in terms of her ./Decision_Dr_Olivieri_R.pdf-academic performance as she was taught by Dr Olivieri. A number of other pupils and ./Decision_Dr_Olivieri_R.pdf:parents also saw the sexualised messages which had been posted on social media and ./Decision_Dr_Olivieri_R.pdf-their reaction to learning this was described by [REDACTED] as very difficult for the ./Decision_Dr_Olivieri_R.pdf-school to manage. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Accordingly, the panel was satisfied that Dr Olivieri was guilty of unacceptable ./Decision_Dr_Olivieri_R.pdf-professional conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel took into account the way the teaching profession is viewed by others and ./Decision_Dr_Olivieri_R.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Decision_Dr_Olivieri_R.pdf-community. The panel also took account of the uniquely influential role that teachers can ./Decision_Dr_Olivieri_R.pdf-hold in pupils’ lives and the fact that pupils must be able to view teachers as role models -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  the protection of pupils ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  the maintenance of public confidence in the profession ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  declaring and upholding proper standards of conduct ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  the interest of retaining the teacher in the profession ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In the light of the panel’s findings against Dr Olivieri which involved sending messages, ./Decision_Dr_Olivieri_R.pdf:some of which were of a sexual nature to a recent former pupil, there was a strong public ./Decision_Dr_Olivieri_R.pdf-interest consideration in respect of the protection of pupils. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_Dr_Olivieri_R.pdf-weakened if conduct such as that found against Dr Olivieri were not treated with the ./Decision_Dr_Olivieri_R.pdf-utmost seriousness when regulating the conduct of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Decision_Dr_Olivieri_R.pdf-standards of conduct in the profession was also present, as the conduct found against Dr ./Decision_Dr_Olivieri_R.pdf-Olivieri was outside that which could reasonably be tolerated. ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Decision_Dr_Olivieri_R.pdf-considerations both in favour of, and against, prohibition as well as the interests of Dr ./Decision_Dr_Olivieri_R.pdf-Olivieri. The panel took further account of the Advice, which suggests that a prohibition ./Decision_Dr_Olivieri_R.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Decision_Dr_Olivieri_R.pdf-of such behaviours, those that were relevant in this case were: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  serious departure from the personal and professional conduct elements of the ./Decision_Dr_Olivieri_R.pdf- Teachers’ Standards; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf:  sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_Dr_Olivieri_R.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_Dr_Olivieri_R.pdf- derived from the individual’s professional position; ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 11 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-In light of the above evidence, the panel considers the risk of repetition of such conduct ./Decision_Dr_Olivieri_R.pdf-in this case to be very low. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel then went on to consider the wider public interest. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was in no doubt that the facts of this case require a robust regulatory response ./Decision_Dr_Olivieri_R.pdf-in order to uphold proper standards and to maintain public confidence in the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel was obligated to consider the messages, their frequency and content, in the ./Decision_Dr_Olivieri_R.pdf-wider factual context of the evidence bundle and the oral evidence at the hearing. The ./Decision_Dr_Olivieri_R.pdf:panel was mindful that all misconduct, including sexual misconduct, can be evaluated on ./Decision_Dr_Olivieri_R.pdf:a wide spectrum of seriousness. Whilst the Advice makes clear that sexual misconduct is ./Decision_Dr_Olivieri_R.pdf-a factor tending to suggest that a Prohibition Order is likely to be appropriate, the panel ./Decision_Dr_Olivieri_R.pdf-was mindful this should not be reduced to a simple tick-box exercise. The panel found no ./Decision_Dr_Olivieri_R.pdf-evidence to suggest that Dr Olivieri was grooming Miss A or acting in a predatory ./Decision_Dr_Olivieri_R.pdf:manner. The panel considered that on the spectrum of sexual misconduct that is often ./Decision_Dr_Olivieri_R.pdf-presented before professional conduct panels, this case fell towards the lower end of that ./Decision_Dr_Olivieri_R.pdf-spectrum. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel first considered whether it would be proportionate to conclude this case with ./Decision_Dr_Olivieri_R.pdf-no recommendation of prohibition, considering whether the publication of the findings ./Decision_Dr_Olivieri_R.pdf-made by the panel would be sufficient. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-This a finely balanced case. Notwithstanding the factors that might weigh in favour of ./Decision_Dr_Olivieri_R.pdf-prohibition, the panel placed particular weight on the combination of the following: ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri's actions were not pre-planned ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  There is a very low risk of repetition ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf:  The sexual misconduct was at the lower end of the spectrum of seriousness ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri's positive contribution to the profession is that of an effective and ./Decision_Dr_Olivieri_R.pdf- committed teacher ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri demonstrated a high level of insight and remorse ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Dr Olivieri has been successfully employed at his current school and there has ./Decision_Dr_Olivieri_R.pdf- been no suggestion of any concerns in the last two years ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel considered that the careful balancing of these factors taken together with the -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- o having regard for the need to safeguard pupils’ well-being, in accordance ./Decision_Dr_Olivieri_R.pdf- with statutory provisions ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-  Teachers must have proper and professional regard for the ethos, policies and ./Decision_Dr_Olivieri_R.pdf- practices of the school in which they teach. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-The panel finds that the conduct of Dr Olivieri fell significantly short of the standards ./Decision_Dr_Olivieri_R.pdf-expected of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf:The findings of misconduct involved sending messages, some of which were of a sexual ./Decision_Dr_Olivieri_R.pdf-nature to a recent former pupil, conduct that breached policy and code of conduct. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 14 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_Dr_Olivieri_R.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Decision_Dr_Olivieri_R.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Decision_Dr_Olivieri_R.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Decision_Dr_Olivieri_R.pdf-considered therefore whether or not prohibiting Dr Olivieri, and the impact that will have ./Decision_Dr_Olivieri_R.pdf-on the teacher, is proportionate and in the public interest. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Decision_Dr_Olivieri_R.pdf-children and/or safeguard pupils. The panel has observed, “In the light of the panel’s ./Decision_Dr_Olivieri_R.pdf-findings against Dr Olivieri which involved sending messages, some of which were of a ./Decision_Dr_Olivieri_R.pdf:sexual nature to a recent former pupil, there was a strong public interest consideration in ./Decision_Dr_Olivieri_R.pdf-respect of the protection of pupils.” A prohibition order would therefore prevent such a ./Decision_Dr_Olivieri_R.pdf-risk from being present in the future. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Decision_Dr_Olivieri_R.pdf-panel sets out as follows, “The panel was satisfied that Dr Olivieri has demonstrated ./Decision_Dr_Olivieri_R.pdf-meaningful insight and genuine remorse into the harmful conduct he undertook, including ./Decision_Dr_Olivieri_R.pdf-the effect it had on Miss A and the wider school community, how he had let that ./Decision_Dr_Olivieri_R.pdf-behaviour occur. Dr Olivieri was also able to evidence the tangible steps he has taken to ./Decision_Dr_Olivieri_R.pdf-make sure it would not happen again.” The panel has also commented “the panel ./Decision_Dr_Olivieri_R.pdf-considers the risk of repetition of such conduct in this case to be very low.” I have ./Decision_Dr_Olivieri_R.pdf-therefore given this element weight in reaching my decision. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_Dr_Olivieri_R.pdf-confidence in the profession. The panel observe, “the panel considered that public ./Decision_Dr_Olivieri_R.pdf-confidence in the profession could be seriously weakened if conduct such as that found ./Decision_Dr_Olivieri_R.pdf-against Dr Olivieri were not treated with the utmost seriousness when regulating the ./Decision_Dr_Olivieri_R.pdf:conduct of the profession.” I am particularly mindful of the finding of sexual motivation ./Decision_Dr_Olivieri_R.pdf-involving a former pupil in this case and the impact that such a finding has on the ./Decision_Dr_Olivieri_R.pdf-reputation of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_Dr_Olivieri_R.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_Dr_Olivieri_R.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_Dr_Olivieri_R.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_Dr_Olivieri_R.pdf-citizen.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-In this case, I have placed considerable weight on the panel’s comments concerning ./Decision_Dr_Olivieri_R.pdf-unprofessional conduct. The panel has said, “Dr Olivieri's conduct was not an isolated ./Decision_Dr_Olivieri_R.pdf-incident, but persisted for a number of months. It was clear from the content of some of ./Decision_Dr_Olivieri_R.pdf-those messages (such as "I shouldn't say all this to you either [.] It's very unprofessional") ./Decision_Dr_Olivieri_R.pdf-that Dr Olivieri had an understanding at the time that his conduct was wrong. Dr Olivieri's ./Decision_Dr_Olivieri_R.pdf-conduct could not be classified as a momentary lapse of judgement.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have also placed considerable weight on the finding “that the panel was satisfied that it ./Decision_Dr_Olivieri_R.pdf-was more likely than not that Dr Olivieri had breached the policy, code of conduct and ./Decision_Dr_Olivieri_R.pdf:sent the messages for sexual gratification and accordingly his conduct was sexually ./Decision_Dr_Olivieri_R.pdf-motivated.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have given considerable weight in my decision to the public perception of the profession ./Decision_Dr_Olivieri_R.pdf-“The panel heard evidence from [REDACTED] about the impact these messages had on ./Decision_Dr_Olivieri_R.pdf-the school community. A number of parents contacted the School by phone on the ./Decision_Dr_Olivieri_R.pdf-morning of 24 February 2020, concerned by what they had seen on social media. One ./Decision_Dr_Olivieri_R.pdf-parent said they would remove their child from the School if the teacher remained. Staff ./Decision_Dr_Olivieri_R.pdf-members also raised concerns about the impact this would have on the reputation of the ./Decision_Dr_Olivieri_R.pdf-School and their own, as staff members of that School.” ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have carefully considered the seriousness of the misconduct found proven in this case ./Decision_Dr_Olivieri_R.pdf-and the weight the panel have given to mitigation. I have taken into account, Dr Olivieri’s ./Decision_Dr_Olivieri_R.pdf-[REDACTED], the insight and remorse shown and the steps he has taken to make sure it ./Decision_Dr_Olivieri_R.pdf-would not happen again. However, considering the Advice published by the Secretary of ./Decision_Dr_Olivieri_R.pdf-State, I have concluded that the panel have given disproportionate weight to the ./Decision_Dr_Olivieri_R.pdf-references provided and Dr Olivieri’s contribution to the profession. Due to the ./Decision_Dr_Olivieri_R.pdf-seriousness of the findings, which involved sending messages to a former pupil for ./Decision_Dr_Olivieri_R.pdf:sexual gratification, which itself was not an isolated incident, and took place over a ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf- 16 ./Decision_Dr_Olivieri_R.pdf- -- ./Decision_Dr_Olivieri_R.pdf-number of months, the panel could have given greater weight to the negative impact on ./Decision_Dr_Olivieri_R.pdf-the public’s perception of the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_Dr_Olivieri_R.pdf-Dr Olivieri has and is making to the profession. In my view, it is necessary to impose a ./Decision_Dr_Olivieri_R.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Decision_Dr_Olivieri_R.pdf:decision, in light of the circumstances in this case, involving sexually motivated conduct ./Decision_Dr_Olivieri_R.pdf-with a former pupil, does not in my view satisfy the public interest requirement concerning ./Decision_Dr_Olivieri_R.pdf-public confidence in the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-For these reasons I disagree with the panel’s recommendation, and I have concluded ./Decision_Dr_Olivieri_R.pdf-that a prohibition order is proportionate and in the public interest in order to achieve the ./Decision_Dr_Olivieri_R.pdf-intended aims of a prohibition order. ./Decision_Dr_Olivieri_R.pdf- ./Decision_Dr_Olivieri_R.pdf-I have decided that a two year review period is required to satisfy the maintenance of ./Decision_Dr_Olivieri_R.pdf-public confidence in the profession. ./Decision_Dr_Olivieri_R.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to pupils’ personal email addresses, the ./Decision_for_Dr_Rosemin_Najmudin.pdf-panel was satisfied that this conduct was inappropriate because it displayed a degree of ./Decision_for_Dr_Rosemin_Najmudin.pdf-informality that was concerning and not acceptable. The panel were concerned that, ./Decision_for_Dr_Rosemin_Najmudin.pdf:whilst there was no evidence or suggestion of sexual motivation on the part of Dr ./Decision_for_Dr_Rosemin_Najmudin.pdf:Najmudin, the use of sexualised language in the emails may teach the students that this ./Decision_for_Dr_Rosemin_Najmudin.pdf-was an appropriate way for a teacher to engage with a pupil and may therefore place ./Decision_for_Dr_Rosemin_Najmudin.pdf-them at a higher risk of exploitation in the future. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(a). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-b. on 6 July 2018, stating to Student C and/or Student D "Do you guys want to ./Decision_for_Dr_Rosemin_Najmudin.pdf- come home as mum is with me, I fly to India 24th July'; ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student D (copied to Student C) on 6 July 2018 which contained the ./Decision_for_Dr_Rosemin_Najmudin.pdf-language set out in the allegation. -- ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student E on 13 July 2018 (not 12 July 2018) which contained the language ./Decision_for_Dr_Rosemin_Najmudin.pdf-set out in the allegation. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to a pupil’s personal email address, the ./Decision_for_Dr_Rosemin_Najmudin.pdf-panel was satisfied that this conduct was inappropriate because it undermined the ./Decision_for_Dr_Rosemin_Najmudin.pdf-student’s faith in the education system and other teachers at the Academy, including by ./Decision_for_Dr_Rosemin_Najmudin.pdf-encouraging parents to submit complaints to the Academy. The panel also considered ./Decision_for_Dr_Rosemin_Najmudin.pdf:that the use of an ‘x’ to denote a kiss was sexualised language which was entirely ./Decision_for_Dr_Rosemin_Najmudin.pdf-inappropriate. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(d). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-e. on 13 July 2018, stating to Student F "Have they told you to come in, PLEASE ./Decision_for_Dr_Rosemin_Najmudin.pdf- ignore and go to work experience. I am furious they have done this and I am ./Decision_for_Dr_Rosemin_Najmudin.pdf- telling everyone NOT to come in as we have NEXT week. I swear this school is ./Decision_for_Dr_Rosemin_Najmudin.pdf- made of idiots!"; ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student F on 13 July 2018 which contained the language set out in the -- ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to Student H on 16 July 2018 which contained the language set out in the ./Decision_for_Dr_Rosemin_Najmudin.pdf-allegation. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to a pupil’s personal email address, the ./Decision_for_Dr_Rosemin_Najmudin.pdf-panel was satisfied that this conduct was inappropriate because of the inference that ./Decision_for_Dr_Rosemin_Najmudin.pdf:Student H was “cute”. The panel considered that this was inappropriate sexualised ./Decision_for_Dr_Rosemin_Najmudin.pdf-language. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(g). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-h. on 15 July 2018, encouraging students to make a complaint via their parents; ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-an email to more than one student on 15 July 2018 encouraging them to make a ./Decision_for_Dr_Rosemin_Najmudin.pdf-complaint about the Academy via their parents. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that the email was sent to pupils’ personal email addresses, the -- ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student E on 13 July 2018; ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student H on 16 July 2018; ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student I on 19 July 2018; ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student J on 19 July 2018; and ./Decision_for_Dr_Rosemin_Najmudin.pdf- - Student K on 19 July 2018. ./Decision_for_Dr_Rosemin_Najmudin.pdf-In addition to the fact that these emails were sent to pupils’ personal email addresses, ./Decision_for_Dr_Rosemin_Najmudin.pdf-the panel was satisfied that this conduct was inappropriate because it involved the use of ./Decision_for_Dr_Rosemin_Najmudin.pdf:sexualised language. The panel were concerned that, whilst there was no evidence or ./Decision_for_Dr_Rosemin_Najmudin.pdf:suggestion of sexual motivation on the part of Dr Najmudin, the use of sexualised ./Decision_for_Dr_Rosemin_Najmudin.pdf-language in the emails may teach the students that this was an appropriate way for a ./Decision_for_Dr_Rosemin_Najmudin.pdf-teacher to engage with a pupil and may therefore place them at a higher risk of ./Decision_for_Dr_Rosemin_Najmudin.pdf-exploitation in the future. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-On balance the panel therefore found the facts proven in relation to allegation 4(j). ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-k. in July 2018, providing one or more students with your personal email address ./Decision_for_Dr_Rosemin_Najmudin.pdf- and/or mobile number. ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel considered the evidence in the bundle and determined that Dr Najmudin sent ./Decision_for_Dr_Rosemin_Najmudin.pdf-emails which contained her personal email address and mobile number to Student B and -- ./Decision_for_Dr_Rosemin_Najmudin.pdf-and, having done so, found a number of them to be relevant in this case, namely the ./Decision_for_Dr_Rosemin_Najmudin.pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./Decision_for_Dr_Rosemin_Najmudin.pdf-profession and declaring and upholding proper standards of conduct. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In light of the panel’s findings against Dr Najmudin, which included: ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- • the unauthorised sending of pupils’ work both to other pupils and her own ./Decision_for_Dr_Rosemin_Najmudin.pdf- personal email account; ./Decision_for_Dr_Rosemin_Najmudin.pdf- • knowingly marking a student as present when they were in fact absent; ./Decision_for_Dr_Rosemin_Najmudin.pdf- • engaging in inappropriate email contact with students including the use of ./Decision_for_Dr_Rosemin_Najmudin.pdf: sexualised language (although the panel noted that there was no evidence of ./Decision_for_Dr_Rosemin_Najmudin.pdf: sexual motive) and undermining her colleagues to pupils using derogatory ./Decision_for_Dr_Rosemin_Najmudin.pdf- language; and ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf- 19 ./Decision_for_Dr_Rosemin_Najmudin.pdf- -- ./Decision_for_Dr_Rosemin_Najmudin.pdf- • her conviction for doing an act tending and intended to pervert the course of ./Decision_for_Dr_Rosemin_Najmudin.pdf- public justice, ./Decision_for_Dr_Rosemin_Najmudin.pdf-there was a strong public interest in prohibiting Dr Najmudin from the teaching ./Decision_for_Dr_Rosemin_Najmudin.pdf-profession. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-In particular, the panel decided that there was a strong public interest consideration in ./Decision_for_Dr_Rosemin_Najmudin.pdf-respect of the safeguarding and wellbeing of pupils, given the serious findings outlined ./Decision_for_Dr_Rosemin_Najmudin.pdf-above. The panel were particularly concerned that, whilst there was no evidence of ./Decision_for_Dr_Rosemin_Najmudin.pdf:sexual motivation, the use of sexualised language may teach the students that this was ./Decision_for_Dr_Rosemin_Najmudin.pdf-an appropriate way for a teacher to engage with a student and may therefore place them ./Decision_for_Dr_Rosemin_Najmudin.pdf-at a higher risk of exploitation in the future. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-The panel also took the view that knowingly marking a student present who was actually ./Decision_for_Dr_Rosemin_Najmudin.pdf-absent was a serious safeguarding issue, as it is conceivable that something could have ./Decision_for_Dr_Rosemin_Najmudin.pdf-happened to the student and it would not have been discovered until much later in the ./Decision_for_Dr_Rosemin_Najmudin.pdf-day because the student’s family assumed that the student was at school. ./Decision_for_Dr_Rosemin_Najmudin.pdf- ./Decision_for_Dr_Rosemin_Najmudin.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_for_Dr_Rosemin_Najmudin.pdf-weakened if conduct such as that found against Dr Najmudin were not treated with the ./Decision_for_Lauren_Melvin.pdf- you want to kiss me' and/or 'I love you' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- k) invited one or more pupils into her bedroom while on a School trip; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- l) told Pupil A that she had a dream about Pupil A; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-2. On or around 14 November 2019, ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- a) drove Pupil A to her home in her car; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: b) said to Pupil A 'this song is about a lesbian who has never had sex and who does ./Decision_for_Lauren_Melvin.pdf- it with someone more experienced' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-3. On an unknown date on or around November 2019 when hugging Pupil A stated ./Decision_for_Lauren_Melvin.pdf- 'your boobs are getting in the way' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- 4 ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-8. On one or more occasions between on or around September 2019 and November ./Decision_for_Lauren_Melvin.pdf- 2019, had an inappropriate personal relationship with Pupil A and/or made ./Decision_for_Lauren_Melvin.pdf- inappropriate comments to Pupil A; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-9. By her conduct set out in in one or more of the allegations above, she failed to ./Decision_for_Lauren_Melvin.pdf- observe a proper boundary appropriate to a teacher’s professional position; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-10. Her conduct as set out in one or more of the allegations above was: ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: a) sexual; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: b) sexually motivated. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Miss Melvin admitted the facts of allegations 1 to 10 and that her behaviour amounted to ./Decision_for_Lauren_Melvin.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Decision_for_Lauren_Melvin.pdf-disrepute, as set out in the response to the notice of referral dated 24 May 2021 and in ./Decision_for_Lauren_Melvin.pdf-the statement of agreed facts signed by Miss Melvin on 24 November 2021. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Preliminary applications ./Decision_for_Lauren_Melvin.pdf-There were no preliminary applications. ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegations 1(a) to 1(l) proved. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-2. On or around 14 November 2019, ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- a) drove Pupil A to her home in your car; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: b) said to Pupil A 'this song is about a lesbian who has never had sex and who ./Decision_for_Lauren_Melvin.pdf- does it with someone more experienced' or words to that effect; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted that within the statement of agreed facts, which Miss Melvin signed on ./Decision_for_Lauren_Melvin.pdf-24 November 2021, Miss Melvin admitted the facts of allegation 2(a) and 2(b). ./Decision_for_Lauren_Melvin.pdf-Notwithstanding this, the panel made its own determination on the facts available to it. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegations 2(a) and 2(b) proved. -- ./Decision_for_Lauren_Melvin.pdf-24 November 2021, Miss Melvin admitted the facts of allegation 9. Notwithstanding this, ./Decision_for_Lauren_Melvin.pdf-the panel made its own determination on the facts available to it. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegation 9 proved. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-10. Your conduct as set out in one or more of the allegations above was: ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: a) sexual ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- 10 ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf-The panel noted that within the statement of agreed facts, which Miss Melvin signed on ./Decision_for_Lauren_Melvin.pdf-24 November 2021, Miss Melvin admitted the facts of allegation 10. Notwithstanding this, ./Decision_for_Lauren_Melvin.pdf-the panel made its own determination on the facts available to it. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted the disciplinary investigation report submitted as part of the bundle ./Decision_for_Lauren_Melvin.pdf-together with the notification of allegation against a professional. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Having found the facts of particulars 1(a)-1(l), 2(a), 2(b), 3, 4, 5(a), 5(b), 6, 7(a), 7(b), ./Decision_for_Lauren_Melvin.pdf-7(c), 8, 9 and 10 proved, the panel considered the inappropriate comments and actions ./Decision_for_Lauren_Melvin.pdf-towards Pupil A and Pupil B (which included touching) were because of their nature and ./Decision_for_Lauren_Melvin.pdf:the circumstances sexual. The panel considered the inappropriate comments and ./Decision_for_Lauren_Melvin.pdf:actions towards Pupil A and Pupil B were sexually motivated in that they demonstrated a ./Decision_for_Lauren_Melvin.pdf:pattern of behaviour which was consistent with Miss Melvin being in pursuit of a sexual ./Decision_for_Lauren_Melvin.pdf-relationship. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found allegation 10(a) and 10(b) proved. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_for_Lauren_Melvin.pdf-may bring the profession into disrepute ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Decision_for_Lauren_Melvin.pdf-those proved allegations amounted to unacceptable professional conduct and/or conduct ./Decision_for_Lauren_Melvin.pdf-that may bring the profession into disrepute. -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Lauren_Melvin.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel was satisfied that the conduct of Miss Melvin fell significantly short of the ./Decision_for_Lauren_Melvin.pdf-standards expected of the profession. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel also considered whether Miss Melvin’s conduct displayed behaviours ./Decision_for_Lauren_Melvin.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf:The panel found that the offences of sexual activity, sexual communications, controlling ./Decision_for_Lauren_Melvin.pdf-behaviour, and serious offences involving alcohol were relevant. The Advice indicates ./Decision_for_Lauren_Melvin.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./Decision_for_Lauren_Melvin.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Decision_for_Lauren_Melvin.pdf-conduct. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel noted that allegations 2(a) and 2(b) took place outside the education setting in ./Decision_for_Lauren_Melvin.pdf-that Miss Melvin drove Pupil A home in her car. However, the panel considered that the ./Decision_for_Lauren_Melvin.pdf-nature of Miss Melvin’s misconduct still impacted upon her profession as a teacher. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Accordingly, the panel was satisfied that Miss Melvin was guilty of unacceptable -- ./Decision_for_Lauren_Melvin.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Decision_for_Lauren_Melvin.pdf- particularly where there is a continuing risk; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • abuse of position or trust (particularly involving pupils); ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Decision_for_Lauren_Melvin.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Decision_for_Lauren_Melvin.pdf- pupil; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Lauren_Melvin.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Lauren_Melvin.pdf- derived from the individual’s professional position; ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • failure in their duty of care towards a child, including exposing a child to risk or ./Decision_for_Lauren_Melvin.pdf- failing to promote the safety and welfare of the children (as set out in Part 1 of ./Decision_for_Lauren_Melvin.pdf- KCSIE); ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./Decision_for_Lauren_Melvin.pdf- the profession, the school or colleagues. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition -- ./Decision_for_Lauren_Melvin.pdf-imposed with immediate effect. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Decision_for_Lauren_Melvin.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Lauren_Melvin.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Lauren_Melvin.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Lauren_Melvin.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Decision_for_Lauren_Melvin.pdf-years. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Lauren_Melvin.pdf:recommendation of a review period. These behaviours include serious sexual ./Decision_for_Lauren_Melvin.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Decision_for_Lauren_Melvin.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Decision_for_Lauren_Melvin.pdf:used her professional position to influence or exploit a person or persons, any sexual ./Decision_for_Lauren_Melvin.pdf-misconduct involving a child. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel found that Miss Melvin was responsible for inappropriate comments and ./Decision_for_Lauren_Melvin.pdf:actions towards Pupil A and Pupil B which were sexual and/or sexually motivated. ./Decision_for_Lauren_Melvin.pdf-Further the panel found that Miss Melvin’s comments and actions towards Pupil A and ./Decision_for_Lauren_Melvin.pdf-Pupil B were reported [REDACTED]. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Decision_for_Lauren_Melvin.pdf-relevance and weigh in favour of a longer review period. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Lauren_Melvin.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Decision_for_Lauren_Melvin.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Decision_for_Lauren_Melvin.pdf-review period. -- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- • Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Lauren_Melvin.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel was also, “satisfied that the conduct of Miss Melvin fell significantly short of the ./Decision_for_Lauren_Melvin.pdf-standards expected of the profession.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-The panel also, “considered whether Miss Melvin’s conduct displayed behaviours ./Decision_for_Lauren_Melvin.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf:The panel, “found that the offences of sexual activity, sexual communications, controlling ./Decision_for_Lauren_Melvin.pdf-behaviour, and serious offences involving alcohol were relevant. The Advice indicates ./Decision_for_Lauren_Melvin.pdf-that where behaviours associated with such an offence exist, a panel is more likely to ./Decision_for_Lauren_Melvin.pdf-conclude that an individual’s conduct would amount to unacceptable professional ./Decision_for_Lauren_Melvin.pdf-conduct.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- 19 ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf:The findings of misconduct are particularly serious as they include a finding of sexual ./Decision_for_Lauren_Melvin.pdf-activity. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Decision_for_Lauren_Melvin.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Decision_for_Lauren_Melvin.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Decision_for_Lauren_Melvin.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Decision_for_Lauren_Melvin.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Decision_for_Lauren_Melvin.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_for_Lauren_Melvin.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Decision_for_Lauren_Melvin.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Decision_for_Lauren_Melvin.pdf-whether the consequences of such a publication are themselves sufficient. I have ./Decision_for_Lauren_Melvin.pdf-considered therefore whether or not prohibiting Miss Melvin, and the impact that will have ./Decision_for_Lauren_Melvin.pdf-on the teacher, is proportionate and in the public interest. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Decision_for_Lauren_Melvin.pdf:children and safeguard pupils. The panel has observed, “that the offences of sexual ./Decision_for_Lauren_Melvin.pdf:activity, sexual communications, controlling behaviour, and serious offences involving ./Decision_for_Lauren_Melvin.pdf-alcohol were relevant.” A prohibition order would therefore prevent such a risk from ./Decision_for_Lauren_Melvin.pdf-being present in the future. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Decision_for_Lauren_Melvin.pdf-panel sets out as follows, “Miss Melvin’s representative submitted on her behalf that Miss ./Decision_for_Lauren_Melvin.pdf-Melvin was genuinely remorseful for her actions, not only because of the impact on ./Decision_for_Lauren_Melvin.pdf-herself but also because of the potentially negative impact on students. Miss Melvin ./Decision_for_Lauren_Melvin.pdf-recognised that there was no justification for her conduct.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_for_Lauren_Melvin.pdf-confidence in the profession. The panel observe, “The panel took into account the way ./Decision_for_Lauren_Melvin.pdf-the teaching profession is viewed by others and considered the influence that teachers ./Decision_for_Lauren_Melvin.pdf-may have on pupils, parents and others in the community. The panel also took account of ./Decision_for_Lauren_Melvin.pdf-the uniquely influential role that teachers can hold in pupils’ lives, and the fact that pupils ./Decision_for_Lauren_Melvin.pdf-must be able to view teachers as role models in the way they behave.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf:I am particularly mindful of the finding of sexual behaviour in this case and the impact ./Decision_for_Lauren_Melvin.pdf-that such a finding has on the reputation of the profession. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_for_Lauren_Melvin.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_for_Lauren_Melvin.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_for_Lauren_Melvin.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_for_Lauren_Melvin.pdf-citizen.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf- -- ./Decision_for_Lauren_Melvin.pdf-proportionate and appropriate response to recommend no prohibition order. ./Decision_for_Lauren_Melvin.pdf-Recommending that the publication of adverse findings was sufficient would ./Decision_for_Lauren_Melvin.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Decision_for_Lauren_Melvin.pdf-the severity of the consequences for Miss Melvin of prohibition.” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-A prohibition order would prevent Miss Melvin from teaching and would also clearly ./Decision_for_Lauren_Melvin.pdf-deprive the public of her contribution to the profession for the period that it is in force. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-In this case, I have placed considerable weight on the panel’s comments concerning the ./Decision_for_Lauren_Melvin.pdf-behaviour, “The panel found that Miss Melvin was responsible for inappropriate ./Decision_for_Lauren_Melvin.pdf:comments and actions towards Pupil A and Pupil B which were sexual and/or sexually ./Decision_for_Lauren_Melvin.pdf-motivated. Further the panel found that Miss Melvin’s comments and actions towards ./Decision_for_Lauren_Melvin.pdf-Pupil A and Pupil B were reported [REDACTED].” ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_for_Lauren_Melvin.pdf-Miss Melvin has made to the profession. In my view, it is necessary to impose a ./Decision_for_Lauren_Melvin.pdf-prohibition order in order to maintain public confidence in the profession. The serious ./Decision_for_Lauren_Melvin.pdf-nature of the misconduct here and the clear terms of the Advice support my thinking and ./Decision_for_Lauren_Melvin.pdf-my judgement. ./Decision_for_Lauren_Melvin.pdf- ./Decision_for_Lauren_Melvin.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Allegations ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel considered the allegations set out in the notice of meeting dated 17 February ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-2022. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-It was alleged that Mr Symons was guilty of unacceptable professional conduct and/or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-conduct that may bring the profession into disrepute, in that whilst employed as a supply ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-teacher: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-1) On one or more occasions in or about 2018 or 2019 he possessed and/or viewed ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: inappropriate pornographic imagery which depicted: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- a) children under the age of 18; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- b) bestiality ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:2) Such conduct as may be proved at 1(a) above is indicative of a sexual interest in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- children. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:3) Such conduct as may be proved at 1) above was sexually motivated. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Mr Symons admitted the facts of allegations 1 to 3 and that his behaviour amounted to ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-unacceptable professional conduct and/or conduct that may bring the profession into ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-disrepute, as set out in the Statement of Agreed Facts signed by Mr Symons on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Preliminary applications ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-There were no preliminary applications. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The matter was referred to the TRA by both the Agency and the police. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Findings of fact ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The findings of fact are as follows: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-reasons: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-1) On one or more occasions in or about 2018 or 2019 you possessed and/or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: viewed inappropriate pornographic imagery which depicted: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- a) children under the age of 18; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- b) bestiality ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that in the statement of agreed facts, which Mr Symons signed on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021, Mr Symons admitted the facts of allegations 1(a) and 1(b). ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:Mr Symons admitted that he possessed and viewed inappropriate pornographic images, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-including those which depicted children under the age of 18 and bestiality. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:Mr Symons admitted that his interests in hentai and furry pornography developed into ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-him viewing hentai and other artwork of underage children. Mr Symons further admitted ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-that, while he did not view indecent photographs or pseudo-photographs of children, he ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-did view artwork which portrayed underage children engaged in sexual activity, including ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-oral sex, on one or more occasions. The images were therefore inappropriate and/or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:pornographic in nature. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted the contents of the CCTV footage of Mr Symons’ police interview, in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-which he admitted allegations 1(a) and 1(b). ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- 6 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel found both allegations 1(a) and 1(b) proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:2) Such conduct as may be proved at 1(a) above is indicative of a sexual interest ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- in children. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that in the statement of agreed facts, signed by Mr Symons on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021, Mr Symons admitted the facts of allegation 2. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Mr Symons admitted that his conduct as admitted to at allegation 1(a) is indicative of a ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:sexual interest in children. Accordingly, Mr Symons admitted allegation 2 in its entirety. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted the contents of the CCTV footage of Mr Symons’ police interview, in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-which he admitted allegation 2. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel found allegation 2 proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:3) Such conduct as may be proved at 1) above was sexually motivated. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that in the statement of agreed facts signed by Mr Symons on 30 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-November 2021, Mr Symons admitted the facts of allegation 3. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:Mr Symons admitted that the conduct at allegation 1 was sexually motivated. Mr Symons ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:admitted that he engaged in sexual acts whilst viewing such material detailed in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:allegation 1, thus using it for his own sexual gratification. Accordingly, Mr Symons ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-admitted allegation 3 in its entirety. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel further noted the contents of the CCTV footage of Mr Symons’ police ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-interview, in which he admitted allegation 3. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Having considered all the evidence before them, the panel determined that it could not be ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:concluded anything other than Mr Symons’ conduct was sexually motivated. The panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-therefore found allegation 3 proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-In summary the panel found allegations 1(a), 1(b), 2 and 3 proved. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-may bring the profession into disrepute ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Having found a number of the allegations proved, the panel went on to consider whether ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the facts of those proved allegations amounted to unacceptable professional conduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-and/or conduct that may bring the profession into disrepute. -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-standards expected of the profession. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel also considered whether Mr Symons’ conduct displayed behaviours ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. The panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considered those applicable to be sexual activity and any activity involving viewing, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-taking, making, possessing, distributing or publishing any indecent photograph or image ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-or indecent pseudo photograph or image of a child, or permitting any such activity, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-including one-off incidents was relevant. The panel however noted in relation to images, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-that Mr Symons’ conduct solely involved viewing and possessing. The panel further ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-noted that the images possessed and/or viewed by Mr Symons were depictions of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:pornographic images rather than images of actual children. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The Advice indicates that where behaviours associated with such conduct exists, a panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-is more likely to conclude that an individual’s actions would amount to unacceptable ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-professional conduct. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel noted that the allegations took place outside the education setting. Mr Symons ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:viewed pornographic images from a website whilst at home and outside of working hours. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-However, the panel considered that Mr Symons’ misconduct was serious and his actions ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-would have a negative impact on his status as a teacher and, further, as also set out ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-below, would be likely to damage the public perception of teachers. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Accordingly, the panel was satisfied that Mr Symons was guilty of unacceptable ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-professional conduct. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel took into account the way the teaching profession is viewed by others and ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considered the influence that teachers may have on pupils, parents and others in the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-community. The panel also took account of the uniquely influential role that teachers can -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-In carrying out the balancing exercise, the panel had regard to the public interest ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considerations both in favour of, and against, prohibition as well as the interests of Mr ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Symons. The panel took further account of the Advice, which suggests that a prohibition ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-of such behaviours, those that are relevant in this case are: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • serious departure from the personal and professional conduct elements of the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- Teachers’ Standards; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- derived from the individual’s professional position; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- publishing any indecent photograph or image or indecent pseudo photograph or ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- image of a child, or permitting such activity, including one-off incidents; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • sustained deliberate behaviour that undermines pupils, the profession, the school ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- or colleagues; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-prohibition order reviewed after a specified period of time that may not be less than two ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-years. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommendation of a review period. These behaviours include any sexual misconduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-involving a child; and any activity involving viewing, taking, making, possessing, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-distributing or publishing any indecent photograph or image or indecent pseudo ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-photograph or image of a child. The panel found that Mr Symons was responsible for ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:possessing and viewing pornographic imagery depicting children under the age of 18. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- 11 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The Advice also indicates that there are behaviours that, if proved, would have greater ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-relevance and weigh in favour of a longer review period. The panel found that Mr ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-Symons was not responsible for any such behaviours. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:The panel found that although the misconduct involved sexual motivation, looking at the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-evidence as a whole and assessing the case on its own merits, the level of seriousness ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-was towards the lower end of the spectrum. In reaching this conclusion the panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-specifically noted: ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • that no harm was caused to anyone, in particular children; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • the risk that Mr Symons posed to children in the panel’s view was minimal; ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- • the images were representations and depictions rather than actual images of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- children; -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-confidence in the profession. The panel observe, “The panel had regard to the particular ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-public interest considerations set out in the Advice and, having done so, found a number ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-of them to be relevant in this case, namely: the safeguarding and wellbeing of pupils and ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the protection of other members of the public; the maintenance of public confidence in ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the profession; declaring and upholding proper standards of conduct; and that prohibition ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-strikes the right balance between the rights of the teacher and the public interest.” I am ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:particularly mindful of the finding of possession and/or viewing pornographic imagery ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-depicting children and bestiality in this case and the impact that such a finding has on the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-reputation of the profession. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-citizen.” ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-public interest. The panel has said, “The panel decided that the public interest ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-considerations outweighed the interests of Mr Symons. The sexual motivation element of ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-the misconduct was a significant factor in forming that opinion.” ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have also placed considerable weight on the finding of the panel that “The Advice ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommendation of a review period. These behaviours include any sexual misconduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-involving a child; and any activity involving viewing, taking, making, possessing, ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-distributing or publishing any indecent photograph or image or indecent pseudo ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-photograph or image of a child. The panel found that Mr Symons was responsible for ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:possessing and viewing pornographic imagery depicting children under the age of 18. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- 14 ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- -- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommended a two year review period. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I have considered the panel’s comments “The panel found that although the misconduct ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-involved sexual motivation, looking at the evidence as a whole and assessing the case ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-on its own merits, the level of seriousness was towards the lower end of the spectrum.” ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-The panel has also said that “it would be proportionate in all the circumstances for the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-prohibition order to be recommended with provisions for a two year review period”. ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf- ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-I recognise the serious nature of this case and that Mr Symons admitted he possessed ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf:and viewed inappropriate pornographic images, including those which depicted children ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-under the age of 18 and bestiality, and I have carefully considered the significant impact ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-that could have on maintaining public trust in the profession. In balancing my decision, I ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-have also recognised Mr Symons accepted the inappropriateness of his conduct and had ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-sought immediate professional help following his police interview. In my view the panel ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-have given disproportionate weight to the level of seriousness of the findings, which they ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-said “was towards the lower end of the spectrum” and “the images were representations ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-and depictions rather than actual images of children” along with their consideration of the ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-impact on the profession and the risk to children. Due to the nature of the allegations ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-found proven and the damaging effect on the profession, I do not support the panel’s ./Decision_for_Mr_Ben_Symons_18802_-_R.pdf-recommendation regarding review period. ./Decision_for_Mr_Ian_Bensley.pdf-In respect of the allegations, Mr Bensley was sentenced at Derby Crown Court on 25 ./Decision_for_Mr_Ian_Bensley.pdf:November 2019 to 12 months’ imprisonment. Further, Mr Bensley was placed on the sex ./Decision_for_Mr_Ian_Bensley.pdf:offenders register for 10 years and was subjected to a sexual harm prevention order for a ./Decision_for_Mr_Ian_Bensley.pdf-period of 10 years. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./Decision_for_Mr_Ian_Bensley.pdf-of allegations 1, 2, 3, 4, 5, 6, 7, 8 and 9 were proven. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-Findings as to conviction of a relevant offence ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-Having found the allegations proved, the panel went on to consider whether the facts of ./Decision_for_Mr_Ian_Bensley.pdf-those proved allegations amounted to conviction of a relevant offence. ./Decision_for_Mr_Ian_Bensley.pdf- -- ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Decision_for_Mr_Ian_Bensley.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Mr_Ian_Bensley.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Ian_Bensley.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Ian_Bensley.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Decision_for_Mr_Ian_Bensley.pdf-years. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Ian_Bensley.pdf-recommendation of a review period. Two of these behaviours are, firstly, acts which were ./Decision_for_Mr_Ian_Bensley.pdf:sexually motivated and, secondly, any activity involving viewing, taking, making, ./Decision_for_Mr_Ian_Bensley.pdf-possessing, distributing or publishing any indecent photograph or image or indecent ./Decision_for_Mr_Ian_Bensley.pdf-pseudo photograph or image of a child. The panel found that Mr Bensley was responsible ./Decision_for_Mr_Ian_Bensley.pdf-for a conviction of 6 counts of making an indecent photograph/pseudo photographs of a ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf- 11 ./Decision_for_Mr_Ian_Bensley.pdf- -- ./Decision_for_Mr_Ian_Bensley.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Ian_Bensley.pdf-recommended that no provision should be made for a review period. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Decision_for_Mr_Ian_Bensley.pdf-that, if proved, would militate against the recommendation of a review period. Two of ./Decision_for_Mr_Ian_Bensley.pdf:these behaviours are, firstly, acts which were sexually motivated and, secondly, any ./Decision_for_Mr_Ian_Bensley.pdf-activity involving viewing, taking, making, possessing, distributing or publishing any ./Decision_for_Mr_Ian_Bensley.pdf-indecent photograph or image or indecent pseudo photograph or image of a child. The ./Decision_for_Mr_Ian_Bensley.pdf-panel found that Mr Bensley was responsible for a conviction of 6 counts of making an ./Decision_for_Mr_Ian_Bensley.pdf-indecent photograph/pseudo photographs of a child and 3 counts of committing an act ./Decision_for_Mr_Ian_Bensley.pdf-outraging public decency by behaving in an indecent manner.” ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Ian_Bensley.pdf-In this case, factors mean that allowing a review period is not sufficient to achieve the ./Decision_for_Mr_Ian_Bensley.pdf-aim of maintaining public confidence in the profession. These elements are the ./Decision_for_Mr_Ian_Bensley.pdf-seriousness of the findings, the lack of either insight or remorse. ./Decision_for_Mr_Ian_Bensley.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Allegations ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel considered the allegations set out in the notice of meeting dated 14 June ./Decision_for_Mr_Liam_Shakles_R.pdf-2022. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-It was alleged that Mr Shakles was guilty of having been convicted of a relevant offence, ./Decision_for_Mr_Liam_Shakles_R.pdf-in that he was convicted of: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf:1. Attempting/engaging in sexual communication with a child between 4 July 2019 and ./Decision_for_Mr_Liam_Shakles_R.pdf- 8 July 2019, contrary to the Sexual Offences Act 2003 s.15A(1). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-2. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children Act ./Decision_for_Mr_Liam_Shakles_R.pdf- 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-3. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children Act ./Decision_for_Mr_Liam_Shakles_R.pdf- 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-7. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children Act ./Decision_for_Mr_Liam_Shakles_R.pdf- 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles admitted the facts of allegations 1 to 7 and that his behaviour amounted to a ./Decision_for_Mr_Liam_Shakles_R.pdf-conviction of a relevant offence, as set out in the response to the notice of proceedings ./Decision_for_Mr_Liam_Shakles_R.pdf-dated 11 March 2022 and in the statement of agreed facts signed by Mr Shakles on 18 ./Decision_for_Mr_Liam_Shakles_R.pdf-January 2022. The panel noted however that in respect of allegation 1, Mr Shakles ./Decision_for_Mr_Liam_Shakles_R.pdf-admitted in the statement of agreed facts that he was convicted of attempting to engage ./Decision_for_Mr_Liam_Shakles_R.pdf:in sexual communications with a child between 4 July 2019 and 8 July 2019 contrary to ./Decision_for_Mr_Liam_Shakles_R.pdf-the Criminal Attempts Act 1981 s1(1), rather that contrary to the Sexual Offences Act ./Decision_for_Mr_Liam_Shakles_R.pdf-15A(1). This is also reflected in the Certificate of Conviction. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 4 ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-In advance of the meeting, the TRA agreed to a request from Mr Shakles for the ./Decision_for_Mr_Liam_Shakles_R.pdf-allegations to be considered without a hearing. The panel had the ability to direct that the ./Decision_for_Mr_Liam_Shakles_R.pdf-case be considered at a hearing if required in the interests of justice or in the public ./Decision_for_Mr_Liam_Shakles_R.pdf-interest. The panel did not determine that such a direction was necessary or appropriate ./Decision_for_Mr_Liam_Shakles_R.pdf-in this case. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles commenced employment as an unqualified teacher at Ridgeway Academy ./Decision_for_Mr_Liam_Shakles_R.pdf-(‘the School’) on 2 September 2019. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-On 19 September 2019, Mr Shakles was arrested on suspicion of possession of indecent ./Decision_for_Mr_Liam_Shakles_R.pdf:images of children and attempting to engage in sexual communications with a child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles’ employment was terminated on 4 October 2019. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-On 4 March 2021, Mr Shakles was convicted and sentenced at Worcester Crown Court, ./Decision_for_Mr_Liam_Shakles_R.pdf-of six counts of making indecent photographs of children and one count of attempting to ./Decision_for_Mr_Liam_Shakles_R.pdf:engage in sexual communications with a child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Findings of fact ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The findings of fact are as follows: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Mr_Liam_Shakles_R.pdf-reasons: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf:1. Attempting/engaging in sexual communication with a child between 4 July ./Decision_for_Mr_Liam_Shakles_R.pdf- 2019 and 8 July 2019, contrary to the Sexual Offences Act 2003 s.15A(1). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-2. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children ./Decision_for_Mr_Liam_Shakles_R.pdf- Act 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-3. Making an indecent photograph or pseudo-photograph of children between 23 ./Decision_for_Mr_Liam_Shakles_R.pdf- February 2015 and 17 September 2019, contrary to the Protection of Children ./Decision_for_Mr_Liam_Shakles_R.pdf- Act 1978 s.1(a). ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted page 8 of the Teacher Misconduct: The Prohibition of Teachers (‘the ./Decision_for_Mr_Liam_Shakles_R.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Decision_for_Mr_Liam_Shakles_R.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Decision_for_Mr_Liam_Shakles_R.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Decision_for_Mr_Liam_Shakles_R.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Decision_for_Mr_Liam_Shakles_R.pdf-in this case. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel had been provided with a copy of the certificate of conviction from Worcester ./Decision_for_Mr_Liam_Shakles_R.pdf-Crown Court, which detailed that Mr Shakles had been convicted of 6 counts of making ./Decision_for_Mr_Liam_Shakles_R.pdf-indecent photographs or pseudo-photographs of children and 1 count of ./Decision_for_Mr_Liam_Shakles_R.pdf:attempting/engaging in sexual communications with someone who he thought was a ./Decision_for_Mr_Liam_Shakles_R.pdf-child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In respect of the allegations, Mr Shakles was sentenced at Worcester Crown Court on 4 ./Decision_for_Mr_Liam_Shakles_R.pdf-March 2021 to a total of 14 months’ imprisonment. In addition, he was placed on the Sex ./Decision_for_Mr_Liam_Shakles_R.pdf-Offenders Register for 10 years; made subject to a Sexual Harm Prevention Order for 10 ./Decision_for_Mr_Liam_Shakles_R.pdf-years; required to forfeit all devices; and ordered to pay a victim surcharge of £100. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-On examination of the documents before the panel, the panel was satisfied that the facts ./Decision_for_Mr_Liam_Shakles_R.pdf-of allegations 1, 2, 3, 4, 5, 6, and 7 were proven. ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted that Mr Shakles’ actions took place outside of the education setting and ./Decision_for_Mr_Liam_Shakles_R.pdf-did not involve any pupils or members of staff at the school. The panel were aware that ./Decision_for_Mr_Liam_Shakles_R.pdf-an offence can be considered relevant even if it did not involve misconduct in the course ./Decision_for_Mr_Liam_Shakles_R.pdf-of teaching, however, the panel believed that Mr Shakles’ criminal conduct was highly ./Decision_for_Mr_Liam_Shakles_R.pdf-relevant to teaching, working with children and working in an education setting. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel noted that the offences took place over a significant period of time and appeared to ./Decision_for_Mr_Liam_Shakles_R.pdf-escalate in that period from viewing images to attempting to communicate with someone ./Decision_for_Mr_Liam_Shakles_R.pdf-who he thought was a child. The offences involved a large number of images, many of ./Decision_for_Mr_Liam_Shakles_R.pdf-which fell within the most serious category, Category A. The panel further noted that the ./Decision_for_Mr_Liam_Shakles_R.pdf-Worcester Crown Court sentencing Judge described Mr Shakles as having “an ./Decision_for_Mr_Liam_Shakles_R.pdf:entrenched sexual interest in very young children”, noting that he “deliberately took steps ./Decision_for_Mr_Liam_Shakles_R.pdf-to gain employment in a school on a teacher training programme despite the fact that he ./Decision_for_Mr_Liam_Shakles_R.pdf-was well aware that he had this serious and entrenched interest in young girls”. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel noted that Mr Shakles believed he was communicating with a 12 year old girl. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted that the behaviour involved in committing the offence could have had an ./Decision_for_Mr_Liam_Shakles_R.pdf-impact on the safety or security of pupils and/or members of the public. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel considered that Mr Shakles’ behaviour in committing the offence could affect public ./Decision_for_Mr_Liam_Shakles_R.pdf-confidence in the teaching profession, given the influence that teachers may have on ./Decision_for_Mr_Liam_Shakles_R.pdf-pupils, parents and others in the community. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel noted that Mr Shakles’ behaviour ultimately led to a sentence of imprisonment ./Decision_for_Mr_Liam_Shakles_R.pdf-and the imposition of a Sexual Harm Prevention Order for 10 years, which was indicative ./Decision_for_Mr_Liam_Shakles_R.pdf-of the seriousness of the offences committed. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf:This was a case involving an offence of sexual communication with an individual that he ./Decision_for_Mr_Liam_Shakles_R.pdf-thought was a child and activity involving viewing, taking, making, possessing, ./Decision_for_Mr_Liam_Shakles_R.pdf-distributing or publishing any indecent photograph or image or indecent pseudo ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 8 ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-orders should not be given in order to be punitive, or to show that blame has been ./Decision_for_Mr_Liam_Shakles_R.pdf-apportioned, although they are likely to have punitive effect. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Decision_for_Mr_Liam_Shakles_R.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Decision_for_Mr_Liam_Shakles_R.pdf-safeguarding and wellbeing of pupils and the protection of other members of the public; ./Decision_for_Mr_Liam_Shakles_R.pdf-the maintenance of public confidence in the profession; and declaring and upholding ./Decision_for_Mr_Liam_Shakles_R.pdf-proper standards of conduct. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In the light of the panel’s findings against Mr Shakles, which involved making indecent ./Decision_for_Mr_Liam_Shakles_R.pdf:photographs of children and attempting to engage in sexual communications with an ./Decision_for_Mr_Liam_Shakles_R.pdf-individual who he believed was a child, there was a strong public interest consideration in ./Decision_for_Mr_Liam_Shakles_R.pdf-respect of the protection of pupils given the serious findings of inappropriate relationships ./Decision_for_Mr_Liam_Shakles_R.pdf-with children. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_for_Mr_Liam_Shakles_R.pdf-weakened if conduct such as that found against Mr Shakles were not treated with the ./Decision_for_Mr_Liam_Shakles_R.pdf-utmost seriousness when regulating the conduct of the profession. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel decided that a strong public interest consideration in declaring proper ./Decision_for_Mr_Liam_Shakles_R.pdf-standards of conduct in the profession was also present as the conduct found against Mr -- ./Decision_for_Mr_Liam_Shakles_R.pdf-order may be appropriate if certain behaviours of a teacher have been proved. In the list ./Decision_for_Mr_Liam_Shakles_R.pdf-of such behaviours, those that are relevant in this case are: ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- • serious departure from the personal and professional conduct elements of the ./Decision_for_Mr_Liam_Shakles_R.pdf- Teachers’ Standards; ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Decision_for_Mr_Liam_Shakles_R.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Decision_for_Mr_Liam_Shakles_R.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures; ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Mr_Liam_Shakles_R.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Mr_Liam_Shakles_R.pdf- derived from the individual’s professional position; ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- • any activity involving viewing, taking, making, possessing, distributing or ./Decision_for_Mr_Liam_Shakles_R.pdf- publishing any indecent photograph or image or pseudo photograph or image of a ./Decision_for_Mr_Liam_Shakles_R.pdf- child, or permitting such activity, including one-off incidents. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Decision_for_Mr_Liam_Shakles_R.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Decision_for_Mr_Liam_Shakles_R.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Decision_for_Mr_Liam_Shakles_R.pdf-proportionate. -- ./Decision_for_Mr_Liam_Shakles_R.pdf-made by the panel would be sufficient. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel was of the view that, applying the standard of the ordinary intelligent citizen, it ./Decision_for_Mr_Liam_Shakles_R.pdf-would not be a proportionate and appropriate response to recommend no prohibition ./Decision_for_Mr_Liam_Shakles_R.pdf-order. Recommending that the publication of adverse findings was sufficient would ./Decision_for_Mr_Liam_Shakles_R.pdf-unacceptably compromise the public interest considerations present in this case, despite ./Decision_for_Mr_Liam_Shakles_R.pdf-the severity of the consequences for Mr Shakles of prohibition. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel was of the view that prohibition was both proportionate and appropriate. The ./Decision_for_Mr_Liam_Shakles_R.pdf-panel decided that the public interest considerations outweighed the interests of Mr ./Decision_for_Mr_Liam_Shakles_R.pdf:Shakles. The seriousness of the offences and imposition of a sexual harm prevention ./Decision_for_Mr_Liam_Shakles_R.pdf-order for a period of 10 years, and the lack of insight or remorse, was a significant factor ./Decision_for_Mr_Liam_Shakles_R.pdf-in forming that opinion. Accordingly, the panel made a recommendation to the Secretary ./Decision_for_Mr_Liam_Shakles_R.pdf-of State that a prohibition order should be imposed with immediate effect. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 11 ./Decision_for_Mr_Liam_Shakles_R.pdf- -- ./Decision_for_Mr_Liam_Shakles_R.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Mr_Liam_Shakles_R.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Liam_Shakles_R.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Decision_for_Mr_Liam_Shakles_R.pdf-years. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Liam_Shakles_R.pdf-recommendation of a review period. These behaviours include commission of a serious ./Decision_for_Mr_Liam_Shakles_R.pdf-criminal offence involving viewing, taking, making, possessing, distributing or publishing ./Decision_for_Mr_Liam_Shakles_R.pdf-any indecent photograph or image or indecent pseudo photograph or image of a child ./Decision_for_Mr_Liam_Shakles_R.pdf:and engaging in sexual communications with someone he thought was a child. The panel ./Decision_for_Mr_Liam_Shakles_R.pdf-found that Mr Shakles was responsible for making indecent images of children and ./Decision_for_Mr_Liam_Shakles_R.pdf:attempting to engage in sexual communications with an individual whom he thought was ./Decision_for_Mr_Liam_Shakles_R.pdf-a child. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Mr_Liam_Shakles_R.pdf-not be appropriate and, as such, decided that it would be proportionate in all the ./Decision_for_Mr_Liam_Shakles_R.pdf-circumstances for the prohibition order to be recommended without provisions for a ./Decision_for_Mr_Liam_Shakles_R.pdf-review period. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-Decision and reasons on behalf of the Secretary of State ./Decision_for_Mr_Liam_Shakles_R.pdf-I have given very careful consideration to this case and to the recommendation of the -- ./Decision_for_Mr_Liam_Shakles_R.pdf-The panel also state that, “Mr Shakles’ conduct was of the utmost seriousness and ./Decision_for_Mr_Liam_Shakles_R.pdf-completely incompatible with the standards of behaviour expected of any member of the ./Decision_for_Mr_Liam_Shakles_R.pdf-public, let alone a teacher who is placed in a position of trust with children.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-The findings of a relevant offence are particularly serious as they include findings of ./Decision_for_Mr_Liam_Shakles_R.pdf:attempting / engaging in sexual communication with a child and the making of indecent ./Decision_for_Mr_Liam_Shakles_R.pdf-photographs or pseudo-photos of children. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Decision_for_Mr_Liam_Shakles_R.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Decision_for_Mr_Liam_Shakles_R.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Decision_for_Mr_Liam_Shakles_R.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Decision_for_Mr_Liam_Shakles_R.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_for_Mr_Liam_Shakles_R.pdf-finding of a relevant conviction, would itself be sufficient to achieve the overall aim. I have ./Decision_for_Mr_Liam_Shakles_R.pdf-to consider whether the consequences of such a publication are themselves sufficient. I ./Decision_for_Mr_Liam_Shakles_R.pdf-have considered therefore whether or not prohibiting Mr Shakles, and the impact that will ./Decision_for_Mr_Liam_Shakles_R.pdf-have on the teacher, is proportionate and in the public interest. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In this case, I have considered the extent to which a prohibition order would protect ./Decision_for_Mr_Liam_Shakles_R.pdf-children and safeguard pupils. The panel has observed, “The panel further noted that the ./Decision_for_Mr_Liam_Shakles_R.pdf-Worcester Crown Court sentencing Judge described Mr Shakles as having “an ./Decision_for_Mr_Liam_Shakles_R.pdf:entrenched sexual interest in very young children”, noting that he “deliberately took steps ./Decision_for_Mr_Liam_Shakles_R.pdf-to gain employment in a school on a teacher training programme despite the fact that he ./Decision_for_Mr_Liam_Shakles_R.pdf-was well aware that he had this serious and entrenched interest in young girls” A ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order would therefore prevent such a risk from being present in the future. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have also taken into account the panel’s comments on insight and remorse, which the ./Decision_for_Mr_Liam_Shakles_R.pdf-panel sets out as follows, “Whilst the panel noted that although the [REDACTED] stated ./Decision_for_Mr_Liam_Shakles_R.pdf-that the risk of reoffending was considered minimal, the panel could not confidently share ./Decision_for_Mr_Liam_Shakles_R.pdf-the same view. No other evidence was submitted to show that Mr Shakles had insight or ./Decision_for_Mr_Liam_Shakles_R.pdf-remorse for his actions.” In my judgement, the lack of full insight or remorse means that ./Decision_for_Mr_Liam_Shakles_R.pdf-there is some risk of the repetition of this behaviour and this puts at risk the future -- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have also considered the impact of a prohibition order on Mr Shakles himself. The panel ./Decision_for_Mr_Liam_Shakles_R.pdf-comment “No evidence was submitted to attest to Mr Shakles’ history as a teaching ./Decision_for_Mr_Liam_Shakles_R.pdf-professional or which showed that Mr Shakles demonstrates exceptionally high ./Decision_for_Mr_Liam_Shakles_R.pdf-standards in both personal and professional conduct or that he has contributed ./Decision_for_Mr_Liam_Shakles_R.pdf-significantly to the education sector.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-A prohibition order would prevent Mr Shakles from teaching and would also clearly ./Decision_for_Mr_Liam_Shakles_R.pdf-deprive the public of his contribution to the profession for the period that it is in force. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-In this case, I have placed considerable weight on the panel’s comments, “The ./Decision_for_Mr_Liam_Shakles_R.pdf:seriousness of the offences and imposition of a sexual harm prevention order for a period ./Decision_for_Mr_Liam_Shakles_R.pdf-of 10 years, and the lack of insight or remorse, was a significant factor in forming that ./Decision_for_Mr_Liam_Shakles_R.pdf-opinion.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_for_Mr_Liam_Shakles_R.pdf-Mr Shakles has made to the profession. In my view, it is necessary to impose a ./Decision_for_Mr_Liam_Shakles_R.pdf-prohibition order in order to maintain public confidence in the profession. A published ./Decision_for_Mr_Liam_Shakles_R.pdf-decision, in light of the circumstances in this case, that is not backed up by full remorse ./Decision_for_Mr_Liam_Shakles_R.pdf-or insight, does not in my view satisfy the public interest requirement concerning public ./Decision_for_Mr_Liam_Shakles_R.pdf-confidence in the profession. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Mr_Liam_Shakles_R.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Liam_Shakles_R.pdf-recommended that no provision should be made for a review period. ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf-I have considered the panel’s comments “The panel found that Mr Shakles was ./Decision_for_Mr_Liam_Shakles_R.pdf:responsible for making indecent images of children and attempting to engage in sexual ./Decision_for_Mr_Liam_Shakles_R.pdf-communications with an individual whom he thought was a child.” ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Liam_Shakles_R.pdf- 14 ./Decision_for_Mr_Liam_Shakles_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-September 2022. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-It was alleged that Mr Adcock was guilty of unacceptable professional conduct and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf-conduct that may bring the profession into disrepute, in that: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Whilst a teacher at Okehampton Community College, Devon: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-1. He engaged in inappropriate and/or unprofessional behaviour between April 2018 and ./Decision_for_Mr_Stephen_Adcock_R.pdf-October 2018 by ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:a. On one or more occasions he viewed or attempted to view pornographic video and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:pornographic material using school equipment; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-b. On one or more occasions, using school equipment, he viewed and/or attempted to ./Decision_for_Mr_Stephen_Adcock_R.pdf:view pornographic video and/or pornographic material with search terms referring to: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- i. “virgin fuck”, and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ii “Sluts” and / or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- iii “Teen Porn”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-c. On one or more occasions, using school equipment, he viewed or attempted to view: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- i. Adult dating websites and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ii. couple swapping websites ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-d. On one or more occasions, using school equipment, he viewed and/or attempted to ./Decision_for_Mr_Stephen_Adcock_R.pdf:view video and/or material of sexual indecency; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:2. His behaviour as may be found proven at Allegation 1 above was conduct of a sexual ./Decision_for_Mr_Stephen_Adcock_R.pdf:nature and/or was sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock admitted the facts alleged and admitted unacceptable professional conduct ./Decision_for_Mr_Stephen_Adcock_R.pdf-and conduct that may bring the profession into disrepute. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Preliminary applications ./Decision_for_Mr_Stephen_Adcock_R.pdf-There were no preliminary applications. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Summary of evidence -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The findings of fact are as follows: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Mr_Stephen_Adcock_R.pdf-reasons: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Whilst a teacher at Okehampton Community College, Devon: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-1. You engaged in inappropriate and/or unprofessional behaviour between April ./Decision_for_Mr_Stephen_Adcock_R.pdf-2018 and October 2018 by ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:a. On one or more occasions you viewed or attempted to view pornographic video ./Decision_for_Mr_Stephen_Adcock_R.pdf:and/or pornographic material using school equipment; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:Mr Adcock admitted having viewed or attempted to view pornographic video and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:pornographic material using school equipment in his response dated 13 December 2021 ./Decision_for_Mr_Stephen_Adcock_R.pdf-to the Notice of Referral. He made the same admission in the statement of agreed facts ./Decision_for_Mr_Stephen_Adcock_R.pdf-explaining that the occasions when this had happened were when he was working alone ./Decision_for_Mr_Stephen_Adcock_R.pdf-within a closed office, and that it did not occur in the classroom environment. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual A has provided a witness statement that he was informed of the allegation ./Decision_for_Mr_Stephen_Adcock_R.pdf-concerning Mr Adcock on 8 October 2018 by Individual D and Individual E. He explained ./Decision_for_Mr_Stephen_Adcock_R.pdf-that those members of staff had informed him that they had been trialling some new ./Decision_for_Mr_Stephen_Adcock_R.pdf-software to identify if there were any searches being used by anyone within the College ./Decision_for_Mr_Stephen_Adcock_R.pdf-that was concerning (“the Software”). He was informed that the software had identified ./Decision_for_Mr_Stephen_Adcock_R.pdf-that Mr Adcock had been accessing adult dating, couple swapping, swingers’ sites and ./Decision_for_Mr_Stephen_Adcock_R.pdf-other dating sites, and that some semi nudity had been detected. He commissioned ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual B to conduct an investigation. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual B has provided a statement producing his investigation report. He explained ./Decision_for_Mr_Stephen_Adcock_R.pdf-that during the investigation, he conducted an interview with Individual C. During that ./Decision_for_Mr_Stephen_Adcock_R.pdf:interview, Individual B learned that as well as Mr Adcock viewing soft porn, there were ./Decision_for_Mr_Stephen_Adcock_R.pdf:also visits to other websites including live streaming sex websites. Individual B has ./Decision_for_Mr_Stephen_Adcock_R.pdf-provided screenshots of the websites and images viewed on Mr Adcock’s computer, and ./Decision_for_Mr_Stephen_Adcock_R.pdf-has also provided a report containing a detailed examination of the web browsing history ./Decision_for_Mr_Stephen_Adcock_R.pdf-relating to Mr Adcock’s computer. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The examination of that web-browsing history indicated the searching of inappropriate ./Decision_for_Mr_Stephen_Adcock_R.pdf-images and websites occurred regularly on a weekly basis, taking place during PPA, ./Decision_for_Mr_Stephen_Adcock_R.pdf-non-contact time, break time, lunchtime and/or after school. The website activity was ./Decision_for_Mr_Stephen_Adcock_R.pdf-undertaken in Mr Adcock’s office, which he had sole use of, on his school PC, using his ./Decision_for_Mr_Stephen_Adcock_R.pdf-admin account. In his report, Individual B stated that only four staff in the College had ./Decision_for_Mr_Stephen_Adcock_R.pdf-admin rights, allowing users to have unfiltered access to the internet. Mr Adcock was one -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-possible to use a setting to prevent his PC from locking. However, he stated that Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock’s office was in a busy science corridor, with a window giving clear sight to Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock’s work station. There was an occasion when the access to inappropriate ./Decision_for_Mr_Stephen_Adcock_R.pdf-websites took place over a two hour period, and a third person would have needed to ./Decision_for_Mr_Stephen_Adcock_R.pdf-have been undetected over this time to continue the activity. He also stated that the ./Decision_for_Mr_Stephen_Adcock_R.pdf-searches only took place during Mr Adcock’s non-teaching time. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Given Mr Adcock’s admission, and the evidence detected through use of the Software, ./Decision_for_Mr_Stephen_Adcock_R.pdf-the panel considered that it was more likely than not that Mr Adcock had viewed or ./Decision_for_Mr_Stephen_Adcock_R.pdf:attempted to view pornographic video and/or pornographic material using school ./Decision_for_Mr_Stephen_Adcock_R.pdf-equipment. The panel considered that this was both inappropriate and unprofessional. ./Decision_for_Mr_Stephen_Adcock_R.pdf-Individual B stated that Mr Adcock was responsible for the electronic safety of pupils and ./Decision_for_Mr_Stephen_Adcock_R.pdf-staff within the College, and his actions were in direct conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-b. On one or more occasions, using school equipment, you viewed and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:attempted to view pornographic video and/or pornographic material with search ./Decision_for_Mr_Stephen_Adcock_R.pdf-terms referring to: ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-i. “virgin fuck”, and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-ii “Sluts” and / or ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-iii “Teen Porn”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock denied this allegation in his response dated 13 December 2021 to the Notice ./Decision_for_Mr_Stephen_Adcock_R.pdf-of Referral. However, he subsequently admitted this allegation in the statement of agreed ./Decision_for_Mr_Stephen_Adcock_R.pdf-facts on 16 June 2022. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Appended to Individual B’s statement is a list of search terms that had been detected that ./Decision_for_Mr_Stephen_Adcock_R.pdf-were within the web-browsing history of Mr Adcock’s computer. Those search terms ./Decision_for_Mr_Stephen_Adcock_R.pdf:included “sluts” and “porn teen”. The Devon and Cornwall Police Constabulary provided ./Decision_for_Mr_Stephen_Adcock_R.pdf-information to the presenting officer that the College’s investigation had lead the College ./Decision_for_Mr_Stephen_Adcock_R.pdf-to locate concerning search history, terms such as “virgin fuck”, “Sluts” and “Teen Porn”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-In light of Mr Adcock’s admission, the list of search terms and the information provided by ./Decision_for_Mr_Stephen_Adcock_R.pdf-the police, the panel considered it more likely than not that Mr Adcock had used these ./Decision_for_Mr_Stephen_Adcock_R.pdf-search terms. The panel considered that this was both inappropriate and unprofessional. ./Decision_for_Mr_Stephen_Adcock_R.pdf-As referred to above, Individual B stated that Mr Adcock was responsible for the ./Decision_for_Mr_Stephen_Adcock_R.pdf-electronic safety of pupils and staff within the College, and his actions were in direct ./Decision_for_Mr_Stephen_Adcock_R.pdf-conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-“swingers” websites identifying “swingers” in Mr Adcock’s locality. It also included “hot ./Decision_for_Mr_Stephen_Adcock_R.pdf-mature contacts” stated as “looking for casual online dating fun with a local stranger”. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-In light of Mr Adcock’s admission and the screenshots provided, the panel found this ./Decision_for_Mr_Stephen_Adcock_R.pdf-allegation proven. The panel considered that this was both inappropriate and ./Decision_for_Mr_Stephen_Adcock_R.pdf-unprofessional. As referred to above, Individual B stated that Mr Adcock was responsible ./Decision_for_Mr_Stephen_Adcock_R.pdf-for the electronic safety of pupils and staff within the College, and his actions were in ./Decision_for_Mr_Stephen_Adcock_R.pdf-direct conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-d. On one or more occasions, using school equipment, you viewed and/or ./Decision_for_Mr_Stephen_Adcock_R.pdf:attempted to view video and/or material of sexual indecency; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock denied this allegation in his response dated 13 December 2021 to the Notice ./Decision_for_Mr_Stephen_Adcock_R.pdf-of Referral. However, he admitted this allegation in the statement of agreed facts on 16 ./Decision_for_Mr_Stephen_Adcock_R.pdf-June 2022. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The screenshots of images that were viewed using Mr Adcock’s computer and which are ./Decision_for_Mr_Stephen_Adcock_R.pdf:appended to Individual B’s statement contain images that are sexually explicit and ./Decision_for_Mr_Stephen_Adcock_R.pdf-inappropriate in a school setting, and were thereby indecent. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Evidence was identified of Mr Adcock’s computer having been used to access a live ./Decision_for_Mr_Stephen_Adcock_R.pdf:streaming sex website where users could join live videos of extreme sex acts being ./Decision_for_Mr_Stephen_Adcock_R.pdf-performed. Investigation showed that whilst it was possible that this website first ./Decision_for_Mr_Stephen_Adcock_R.pdf-appeared as a pop-up, Mr Adcock clicked onto the website and clicked into a video ./Decision_for_Mr_Stephen_Adcock_R.pdf:stream of live sex on at least one occasion. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-In light of Mr Adcock’s admission and the screenshots provided, the panel found this ./Decision_for_Mr_Stephen_Adcock_R.pdf-allegation proven. The panel considered that this was both inappropriate and ./Decision_for_Mr_Stephen_Adcock_R.pdf-unprofessional. As referred to above, Individual B stated that Mr Adcock was responsible ./Decision_for_Mr_Stephen_Adcock_R.pdf-for the electronic safety of pupils and staff within the College, and his actions were in ./Decision_for_Mr_Stephen_Adcock_R.pdf-direct conflict with his duties. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-2. Your behaviour as may be found proven at Allegation 1 above was conduct of a ./Decision_for_Mr_Stephen_Adcock_R.pdf:sexual nature and/or was sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- 8 ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-context to the circumstances around the allegations. [REDACTED]. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-[REDACTED]. The panel noted that there was no medical evidence that the behaviour ./Decision_for_Mr_Stephen_Adcock_R.pdf-engaged in by Mr Adcock was caused by [REDACTED]. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock, thereafter, denied this allegation in his response dated 13 December 2021 to ./Decision_for_Mr_Stephen_Adcock_R.pdf-the Notice of Referral. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-However, Mr Adcock has subsequently changed his position and has admitted this ./Decision_for_Mr_Stephen_Adcock_R.pdf-allegation in the statement of agreed facts on 16 June 2022. He has agreed in the ./Decision_for_Mr_Stephen_Adcock_R.pdf:statement of agreed facts the definition of sexual provided in s78a-b of the Sexual ./Decision_for_Mr_Stephen_Adcock_R.pdf:Offences Act 2003, and the definition of sexual motivation stated in relevant case law. Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock has therefore admitted this allegation in full knowledge of how conduct of a ./Decision_for_Mr_Stephen_Adcock_R.pdf:sexual nature and sexual motivation are defined. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel considered that the volume of searches carried out by Mr Adcock, and the ./Decision_for_Mr_Stephen_Adcock_R.pdf-volume of images accessed by him, is indicative that his conduct was not accidental in ./Decision_for_Mr_Stephen_Adcock_R.pdf-nature. Similarly, although there may have been a pop-up to the live streaming website, ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock proceeded to access the site. The panel considered his actions to have been ./Decision_for_Mr_Stephen_Adcock_R.pdf:conduct of a sexual nature because the websites accessed and search terms used were ./Decision_for_Mr_Stephen_Adcock_R.pdf:by their nature sexual. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:Furthermore, the panel considered Mr Adcock’s actions to have been in pursuit of sexual ./Decision_for_Mr_Stephen_Adcock_R.pdf-gratification. He accessed the material during school hours, evidencing that he was ./Decision_for_Mr_Stephen_Adcock_R.pdf-seeking instant gratification. Furthermore, the dating and couple swapping websites ./Decision_for_Mr_Stephen_Adcock_R.pdf-contained references to individuals and couples in Mr Adcock’s locality indicating that it is ./Decision_for_Mr_Stephen_Adcock_R.pdf:more likely than not that he was in pursuit of a future sexual relationship. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel found this allegation proven. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Findings as to unacceptable professional conduct and/or conduct that ./Decision_for_Mr_Stephen_Adcock_R.pdf-may bring the profession into disrepute ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel was satisfied that the conduct of Mr Adcock in relation to the facts found ./Decision_for_Mr_Stephen_Adcock_R.pdf-proved, involved breaches of the Teachers’ Standards. The panel considered that, by ./Decision_for_Mr_Stephen_Adcock_R.pdf-reference to Part 2, Mr Adcock was in breach of the following standards: ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Mr_Stephen_Adcock_R.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel was satisfied that the conduct of Mr Adcock fell significantly short of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-standards expected of the profession. By accessing this material during school hours, ./Decision_for_Mr_Stephen_Adcock_R.pdf-and on school equipment, Mr Adcock placed pupils at risk of seeing the material, given ./Decision_for_Mr_Stephen_Adcock_R.pdf-the evidence that his office was in a busy science corridor, with a window in the door that ./Decision_for_Mr_Stephen_Adcock_R.pdf-gave clear sight to his work station. Mr Adcock had responsibilities to promote electronic ./Decision_for_Mr_Stephen_Adcock_R.pdf-safety within the College and he took advantage of the lighter restrictions on his usage, in ./Decision_for_Mr_Stephen_Adcock_R.pdf:order to access pornographic material. This was in clear contradiction to the policies and ./Decision_for_Mr_Stephen_Adcock_R.pdf-practices of the College, and against his safeguarding responsibilities. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel also considered whether Mr Adcock’s conduct displayed behaviours ./Decision_for_Mr_Stephen_Adcock_R.pdf-associated with any of the offences listed on pages 12 and 13 of the Advice. The panel ./Decision_for_Mr_Stephen_Adcock_R.pdf-did not consider those behaviours were relevant. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Accordingly, the panel was satisfied that Mr Adcock was guilty of unacceptable ./Decision_for_Mr_Stephen_Adcock_R.pdf-professional conduct. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel took into account the way the teaching profession is viewed by others and -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- Teachers’ Standards; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- misconduct seriously affecting the education and/or well-being of pupils, and ./Decision_for_Mr_Stephen_Adcock_R.pdf- particularly where there is a continuing risk; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- a deep-seated attitude that leads to harmful behaviour; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- abuse of position or trust (particularly involving vulnerable pupils) or violation of the ./Decision_for_Mr_Stephen_Adcock_R.pdf- rights of pupils; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf: sexual misconduct, for example, involving actions that were sexually motivated or of a ./Decision_for_Mr_Stephen_Adcock_R.pdf: sexual nature and/or that use or exploit the trust, knowledge or influence derived ./Decision_for_Mr_Stephen_Adcock_R.pdf- from the individual’s professional position; ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- 11 ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-panel considered Mr Adcock’s online behaviours to be serious given that he was ./Decision_for_Mr_Stephen_Adcock_R.pdf-accessing such content in school hours, on school equipment, in direct contravention of ./Decision_for_Mr_Stephen_Adcock_R.pdf-his responsibilities for electronic safety and contrary to the College’s acceptable use ./Decision_for_Mr_Stephen_Adcock_R.pdf-policy. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Decision_for_Mr_Stephen_Adcock_R.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Decision_for_Mr_Stephen_Adcock_R.pdf-proportionate. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf:The panel has found Mr Adcock’s behaviours to be deliberate and sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-There was no evidence to suggest that Mr Adcock was acting under duress. Mr Adcock ./Decision_for_Mr_Stephen_Adcock_R.pdf-has provided an explanation of [REDACTED]. However, there is no evidence as to the ./Decision_for_Mr_Stephen_Adcock_R.pdf-impact of these factors upon Mr Adcock’s behaviour. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-There have been no previous findings against Mr Adcock and he has been a teacher for ./Decision_for_Mr_Stephen_Adcock_R.pdf-over 20 years. However, the only references the panel have been provided with are ones ./Decision_for_Mr_Stephen_Adcock_R.pdf-that were sought by the College when he was employed, so are not current. There is no ./Decision_for_Mr_Stephen_Adcock_R.pdf-evidence of Mr Adcock demonstrating exceptionally high standards in both his personal ./Decision_for_Mr_Stephen_Adcock_R.pdf-and professional conduct, nor that he has contributed significantly to the education -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel went on to consider whether or not it would be appropriate to recommend that ./Decision_for_Mr_Stephen_Adcock_R.pdf-a review period of the order should be considered. The panel was mindful that the Advice ./Decision_for_Mr_Stephen_Adcock_R.pdf-states that a prohibition order applies for life, but there may be circumstances, in any ./Decision_for_Mr_Stephen_Adcock_R.pdf-given case, that may make it appropriate to allow a teacher to apply to have the ./Decision_for_Mr_Stephen_Adcock_R.pdf-prohibition order reviewed after a specified period of time that may not be less than 2 ./Decision_for_Mr_Stephen_Adcock_R.pdf-years. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Mr_Stephen_Adcock_R.pdf-recommendation of a review period. Those behaviours are not relevant in this case. ./Decision_for_Mr_Stephen_Adcock_R.pdf:Although the panel has found that Mr Adcock engaged in conduct that was sexually ./Decision_for_Mr_Stephen_Adcock_R.pdf-motivated, there is no evidence of it having resulted in harm to a person or persons, and ./Decision_for_Mr_Stephen_Adcock_R.pdf-there could have been no criticism of Mr Adcock had he accessed the material outside of ./Decision_for_Mr_Stephen_Adcock_R.pdf-school hours on a personal computer. The panel did not therefore consider that his ./Decision_for_Mr_Stephen_Adcock_R.pdf:behaviour was serious sexual misconduct. Taking account of the regret and feelings of ./Decision_for_Mr_Stephen_Adcock_R.pdf-shame expressed by Mr Adcock, the panel considered that he ought to be given the ./Decision_for_Mr_Stephen_Adcock_R.pdf-opportunity to develop and demonstrate insight around his behaviours. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Mr_Stephen_Adcock_R.pdf-be appropriate and, as such, decided that it would be proportionate in all the ./Decision_for_Mr_Stephen_Adcock_R.pdf-circumstances for the prohibition order to be recommended with provisions for a review ./Decision_for_Mr_Stephen_Adcock_R.pdf-period. The panel therefore recommends a period of two years before an application for ./Decision_for_Mr_Stephen_Adcock_R.pdf-review can be made. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- -- ./Decision_for_Mr_Stephen_Adcock_R.pdf- practices of the school in which they teach, and maintain high standards in their ./Decision_for_Mr_Stephen_Adcock_R.pdf- own attendance and punctuality. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf- Teachers must have an understanding of, and always act within, the statutory ./Decision_for_Mr_Stephen_Adcock_R.pdf- frameworks which set out their professional duties and responsibilities. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The panel finds that the conduct of Mr Adcock fell significantly short of the standards ./Decision_for_Mr_Stephen_Adcock_R.pdf-expected of the profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-The findings of misconduct are serious as they include a finding that Mr Adcock viewed ./Decision_for_Mr_Stephen_Adcock_R.pdf:or attempted to view pornographic video and/or pornographic material using school ./Decision_for_Mr_Stephen_Adcock_R.pdf:equipment, conduct found to be of a sexual nature and/or sexually motivated. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have to determine whether the imposition of a prohibition order is proportionate and in ./Decision_for_Mr_Stephen_Adcock_R.pdf-the public interest. In considering that for this case, I have considered the overall aim of a ./Decision_for_Mr_Stephen_Adcock_R.pdf-prohibition order which is to protect pupils and to maintain public confidence in the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. I have considered the extent to which a prohibition order in this case would ./Decision_for_Mr_Stephen_Adcock_R.pdf-achieve that aim taking into account the impact that it will have on the individual teacher. ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have also asked myself, whether a less intrusive measure, such as the published ./Decision_for_Mr_Stephen_Adcock_R.pdf-finding of unacceptable professional conduct and conduct that may bring the profession ./Decision_for_Mr_Stephen_Adcock_R.pdf-into disrepute, would itself be sufficient to achieve the overall aim. I have to consider ./Decision_for_Mr_Stephen_Adcock_R.pdf-whether the consequences of such a publication are themselves sufficient. I have -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-and has referred to the impact upon himself and his family. Mr Adcock has not, to date, ./Decision_for_Mr_Stephen_Adcock_R.pdf-recognised the impact his actions have had on the College.” In my judgement, the lack of ./Decision_for_Mr_Stephen_Adcock_R.pdf-full insight means that there is some risk of the repetition of this behaviour and this puts ./Decision_for_Mr_Stephen_Adcock_R.pdf-at risk the future wellbeing of pupils’. I have therefore given this element considerable ./Decision_for_Mr_Stephen_Adcock_R.pdf-weight in reaching my decision. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have gone on to consider the extent to which a prohibition order would maintain public ./Decision_for_Mr_Stephen_Adcock_R.pdf-confidence in the profession. The panel observe, “public confidence in the profession ./Decision_for_Mr_Stephen_Adcock_R.pdf-could be seriously weakened if conduct such as that found against Mr Adcock were not ./Decision_for_Mr_Stephen_Adcock_R.pdf-treated with the utmost seriousness when regulating the conduct of the profession.” I am ./Decision_for_Mr_Stephen_Adcock_R.pdf:particularly mindful of the finding of accessing/viewing pornographic content in a school ./Decision_for_Mr_Stephen_Adcock_R.pdf-environment in this case and the impact that such a finding has on the reputation of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have had to consider that the public has a high expectation of professional standards of ./Decision_for_Mr_Stephen_Adcock_R.pdf-all teachers and that the public might regard a failure to impose a prohibition order as a ./Decision_for_Mr_Stephen_Adcock_R.pdf-failure to uphold those high standards. In weighing these considerations, I have had to ./Decision_for_Mr_Stephen_Adcock_R.pdf-consider the matter from the point of view of an “ordinary intelligent and well-informed ./Decision_for_Mr_Stephen_Adcock_R.pdf-citizen.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have considered whether the publication of a finding of unacceptable professional -- ./Decision_for_Mr_Stephen_Adcock_R.pdf-this. His behaviour in this regard was harmful to the College. He abused his position of ./Decision_for_Mr_Stephen_Adcock_R.pdf-trust by using the greater access he had by virtue of his position.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have also placed considerable weight on the finding that “The panel was satisfied that ./Decision_for_Mr_Stephen_Adcock_R.pdf-the conduct of Mr Adcock fell significantly short of the standards expected of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. By accessing this material during school hours, and on school equipment, Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock placed pupils at risk of seeing the material, given the evidence that his office was ./Decision_for_Mr_Stephen_Adcock_R.pdf-in a busy science corridor, with a window in the door that gave clear sight to his work ./Decision_for_Mr_Stephen_Adcock_R.pdf-station. Mr Adcock had responsibilities to promote electronic safety within the College ./Decision_for_Mr_Stephen_Adcock_R.pdf-and he took advantage of the lighter restrictions on his usage, in order to access ./Decision_for_Mr_Stephen_Adcock_R.pdf:pornographic material. This was in clear contradiction to the policies and practices of the ./Decision_for_Mr_Stephen_Adcock_R.pdf-College, and against his safeguarding responsibilities.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have given less weight in my consideration of sanction therefore, to the contribution that ./Decision_for_Mr_Stephen_Adcock_R.pdf-Mr Adcock has made to the profession. In my view, it is necessary to impose a prohibition ./Decision_for_Mr_Stephen_Adcock_R.pdf-order in order to maintain public confidence in the profession. A published decision, in ./Decision_for_Mr_Stephen_Adcock_R.pdf-light of the circumstances in this case, that is not backed up by full insight, does not in my ./Decision_for_Mr_Stephen_Adcock_R.pdf-view satisfy the public interest requirement concerning public confidence in the ./Decision_for_Mr_Stephen_Adcock_R.pdf-profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-For these reasons, I have concluded that a prohibition order is proportionate and in the ./Decision_for_Mr_Stephen_Adcock_R.pdf-public interest in order to achieve the intended aims of a prohibition order. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have gone on to consider the matter of a review period. In this case, the panel has ./Decision_for_Mr_Stephen_Adcock_R.pdf-recommended a 2 year review period. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I have considered the panel’s comments “The Advice indicates that there are behaviours ./Decision_for_Mr_Stephen_Adcock_R.pdf-that, if proved, would militate against the recommendation of a review period. Those ./Decision_for_Mr_Stephen_Adcock_R.pdf-behaviours are not relevant in this case. Although the panel has found that Mr Adcock ./Decision_for_Mr_Stephen_Adcock_R.pdf:engaged in conduct that was sexually motivated, there is no evidence of it having ./Decision_for_Mr_Stephen_Adcock_R.pdf-resulted in harm to a person or persons, and there could have been no criticism of Mr ./Decision_for_Mr_Stephen_Adcock_R.pdf-Adcock had he accessed the material outside of school hours on a personal computer. ./Decision_for_Mr_Stephen_Adcock_R.pdf:The panel did not therefore consider that his behaviour was serious sexual misconduct. ./Decision_for_Mr_Stephen_Adcock_R.pdf-Taking account of the regret and feelings of shame expressed by Mr Adcock, the panel ./Decision_for_Mr_Stephen_Adcock_R.pdf-considered that he ought to be given the opportunity to develop and demonstrate insight ./Decision_for_Mr_Stephen_Adcock_R.pdf-around his behaviours.” ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-I agree with the panel and have decided that a 2 year review period reflects the ./Decision_for_Mr_Stephen_Adcock_R.pdf-seriousness of the findings and is a proportionate period to achieve the aim of ./Decision_for_Mr_Stephen_Adcock_R.pdf-maintaining public confidence in the profession. ./Decision_for_Mr_Stephen_Adcock_R.pdf- ./Decision_for_Mr_Stephen_Adcock_R.pdf-This means that Mr Stephen Adcock is prohibited from teaching indefinitely and ./Decision_for_Mr_Stephen_Adcock_R.pdf-cannot teach in any school, sixth form college, relevant youth accommodation or ./Decision_for_Ms_Connor_Kim.pdf- b) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where she did ./Decision_for_Ms_Connor_Kim.pdf- not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to the ./Decision_for_Ms_Connor_Kim.pdf- Sexual Offences Act 2003 s.16(1)(e)(i) for which she was sentenced on 07 July ./Decision_for_Ms_Connor_Kim.pdf- 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- c) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where she did ./Decision_for_Ms_Connor_Kim.pdf- not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 contrary to the ./Decision_for_Ms_Connor_Kim.pdf- Sexual Offences Act 2003 s.16(1)(e)(i) for which she was sentenced on 07 July ./Decision_for_Ms_Connor_Kim.pdf- 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: d) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in sexual ./Decision_for_Ms_Connor_Kim.pdf- activity when she did not believe the victim was over the age of 18 on 30/09/04 – ./Decision_for_Ms_Connor_Kim.pdf- 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which she was ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: e) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in sexual ./Decision_for_Ms_Connor_Kim.pdf- activity when she did not believe the victim was over the age of 18 on 30/09/04- ./Decision_for_Ms_Connor_Kim.pdf- 31/12/04 contrary to Sexual Offences Act 2003 s. 17(1) (e) (i) for which she was ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: f) Abuse of Position of Trust: Causing/inciting sexual activity with a female aged 13- ./Decision_for_Ms_Connor_Kim.pdf- 17 when she did not believe the victim was over the age of 18 on 30/09/04 – ./Decision_for_Ms_Connor_Kim.pdf- 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which she was ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 4 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-Decision and reasons ./Decision_for_Ms_Connor_Kim.pdf-The panel announced its decision and reasons as follows: ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel carefully considered the case before it and reached a decision. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Ms Connor was employed as a performing arts teacher at St Monica’s RC High School ./Decision_for_Ms_Connor_Kim.pdf-(‘the School’) from 1996 until 2015. In 2015, Ms Connor taught for one term at Stockport ./Decision_for_Ms_Connor_Kim.pdf-Academy before returning to the School in 2016, where she worked up until March 2018 ./Decision_for_Ms_Connor_Kim.pdf-when she was suspended. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf:Between 30 September 2004 and 31 December 2004, alleged sexual misconduct took ./Decision_for_Ms_Connor_Kim.pdf-place between Ms Connor and a pupil when the pupil was [REDACTED]. The ./Decision_for_Ms_Connor_Kim.pdf-relationship continued and ended when the pupil was [REDACTED]. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-As a result of the above, on 5 March 2020, a criminal trial took place and Ms Connor was ./Decision_for_Ms_Connor_Kim.pdf:convicted of 3 counts of sexual activity with a child in a position of trust and 3 counts of ./Decision_for_Ms_Connor_Kim.pdf:causing or inciting a child by a person in a position of trust to engage in sexual activity. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 7 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-Ms Connor was later sentenced to 9 months imprisonment to run concurrently as well as ./Decision_for_Ms_Connor_Kim.pdf:being placed on the sexual offenders register for 10 years. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The DBS referred the matter to the TRA on 5 October 2020. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Findings of fact ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The findings of fact are as follows: ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel found the following particulars of the allegations against you proved, for these ./Decision_for_Ms_Connor_Kim.pdf-reasons: ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- c) Abuse of Position of Trust: Sexual Activity with a female aged 13-17 where ./Decision_for_Ms_Connor_Kim.pdf- you did not believe the victim was over the age of 18 on 30/09/04 – 31/12/04 ./Decision_for_Ms_Connor_Kim.pdf- contrary to the Sexual Offences Act 2003 s.16(1)(e)(i) for which you were ./Decision_for_Ms_Connor_Kim.pdf- sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- d) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in ./Decision_for_Ms_Connor_Kim.pdf: sexual activity when you did not believe the victim was over the age of 18 on ./Decision_for_Ms_Connor_Kim.pdf- 30/09/04 – 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which ./Decision_for_Ms_Connor_Kim.pdf- you were sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- e) Abuse of Position of Trust: Causing/inciting a female aged 13-17 to engage in ./Decision_for_Ms_Connor_Kim.pdf: sexual activity when you did not believe the victim was over the age of 18 on ./Decision_for_Ms_Connor_Kim.pdf- 30/09/04- 31/12/04 contrary to Sexual Offences Act 2003 s. 17(1) (e) (i) for ./Decision_for_Ms_Connor_Kim.pdf- which you were sentenced on 07 July 2020 to 9 months imprisonment ./Decision_for_Ms_Connor_Kim.pdf- concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: f) Abuse of Position of Trust: Causing/inciting sexual activity with a female aged ./Decision_for_Ms_Connor_Kim.pdf- 13-17 when you did not believe the victim was over the age of 18 on 30/09/04 ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 8 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf- – 31/12/04 contrary to Sexual Offences Act 2003 s.17(1)(e)(i) for which you ./Decision_for_Ms_Connor_Kim.pdf- were sentenced on 07 July 2020 to 9 months imprisonment concurrent. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel considered the statement of agreed facts, signed by Ms Connor on 4 October ./Decision_for_Ms_Connor_Kim.pdf-2022. In that statement of agreed facts, Ms Connor admitted that she was convicted of 4 ./Decision_for_Ms_Connor_Kim.pdf:offences of sexual activity with a female aged 13-17 whom she did not believe to be over ./Decision_for_Ms_Connor_Kim.pdf:the age of 18 years old and 2 offences of causing/inciting sexual activity with a female ./Decision_for_Ms_Connor_Kim.pdf-aged 13-17 where she did not believe the victim was over the age of 18 years old. Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor admitted that she was sentenced to 9 months imprisonment to run concurrently ./Decision_for_Ms_Connor_Kim.pdf-for the offences and further, it was admitted that the facts of the allegations amounted to ./Decision_for_Ms_Connor_Kim.pdf-a conviction of a relevant offence. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted that the statement of agreed facts as signed on 4 October 2022 listed ./Decision_for_Ms_Connor_Kim.pdf:the incorrect configuration of offences, being 4 offences of sexual activity and 2 offences ./Decision_for_Ms_Connor_Kim.pdf:of causing/inciting sexual activity, whereas the certificate of conviction listed 3 offences ./Decision_for_Ms_Connor_Kim.pdf:of sexual activity and 3 offences of causing/inciting sexual activity. Despite this, Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor had earlier admitted the allegations as set out correctly within the response to ./Decision_for_Ms_Connor_Kim.pdf-the notice of referral dated 12 May 2022. On this basis, the panel was satisfied that Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor admitted the allegations. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Ms Connor acknowledged that she did not appeal the conviction in the criminal courts. ./Decision_for_Ms_Connor_Kim.pdf-However, she wished to record that she does not agree with the convictions. The panel ./Decision_for_Ms_Connor_Kim.pdf-also noted that Ms Connor had pled not guilty within the criminal trial but had ./Decision_for_Ms_Connor_Kim.pdf-subsequently been found guilty and sentenced. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted page 8 of the Teacher misconduct: The prohibition of teachers (‘the ./Decision_for_Ms_Connor_Kim.pdf-Advice’) which states that where there has been a conviction at any time, of a criminal ./Decision_for_Ms_Connor_Kim.pdf-offence, the panel will accept the certificate of conviction as conclusive proof of both the ./Decision_for_Ms_Connor_Kim.pdf-conviction and the facts necessarily implied by the conviction, unless exceptional ./Decision_for_Ms_Connor_Kim.pdf-circumstances apply. The panel did not find that any exceptional circumstances applied ./Decision_for_Ms_Connor_Kim.pdf-in this case. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel had been provided with a copy of the certificate of conviction from Manchester ./Decision_for_Ms_Connor_Kim.pdf-Minshull Street Crown Court, which had been amended by a final amended certificate of ./Decision_for_Ms_Connor_Kim.pdf-conviction or finding, which detailed that Ms Connor had been convicted of 3 counts of ./Decision_for_Ms_Connor_Kim.pdf:“sexual activity with a girl 13-17 offender no belief she is 18 – abuse of position of trust” ./Decision_for_Ms_Connor_Kim.pdf:and 3 counts of “cause/incite sexual activity with a girl 13 to 17 of abuse of position of ./Decision_for_Ms_Connor_Kim.pdf-trust – not s.21 premises – offender 18 or over”. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-In respect of the allegations, Ms Connor was sentenced at Manchester Minshull Street ./Decision_for_Ms_Connor_Kim.pdf-Crown Court on 7 July 2020 to 9 months imprisonment to run concurrently. In addition, ./Decision_for_Ms_Connor_Kim.pdf:she was placed on the sex offenders register pursuant to section 92 of the Sexual ./Decision_for_Ms_Connor_Kim.pdf-Offences Act 2003, for 10 years. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 9 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-impact on the safety and/or security of pupils. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel also took account of the way the teaching profession is viewed by others. The ./Decision_for_Ms_Connor_Kim.pdf-panel considered that Ms Connor’s behaviour in committing the offence could affect ./Decision_for_Ms_Connor_Kim.pdf-public confidence in the teaching profession, given the influence that teachers may have ./Decision_for_Ms_Connor_Kim.pdf-on pupils, parents and others in the community. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted that Ms Connor’s behaviour ultimately led to a sentence of ./Decision_for_Ms_Connor_Kim.pdf-imprisonment, which was indicative of the seriousness of the offences committed. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf:This was a case concerning an offence involving sexual activity, which the Advice states ./Decision_for_Ms_Connor_Kim.pdf-is more likely to be considered a relevant offence. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel found that the seriousness of the offending behaviour that led to the ./Decision_for_Ms_Connor_Kim.pdf:conviction, and in particular that it involved sexual activity with a child who was and had ./Decision_for_Ms_Connor_Kim.pdf-previously been a pupil in her care, was relevant to Ms Connor’s ongoing suitability to ./Decision_for_Ms_Connor_Kim.pdf-teach. The panel considered that a finding that these convictions were for relevant ./Decision_for_Ms_Connor_Kim.pdf-offences was necessary to reaffirm clear standards of conduct so as to maintain public ./Decision_for_Ms_Connor_Kim.pdf-confidence in the teaching profession. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 10 ./Decision_for_Ms_Connor_Kim.pdf- -- ./Decision_for_Ms_Connor_Kim.pdf-effect. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel had regard to the particular public interest considerations set out in the Advice ./Decision_for_Ms_Connor_Kim.pdf-and, having done so, found a number of them to be relevant in this case, namely: the ./Decision_for_Ms_Connor_Kim.pdf-safeguarding and wellbeing of pupils; the maintenance of public confidence in the ./Decision_for_Ms_Connor_Kim.pdf-profession; declaring and upholding proper standards of conduct; and that prohibition ./Decision_for_Ms_Connor_Kim.pdf-strikes the right balance between the rights of the teacher and the public interest, if they ./Decision_for_Ms_Connor_Kim.pdf-are in conflict. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-In the light of the panel’s findings against Ms Connor, which involved a finding that there ./Decision_for_Ms_Connor_Kim.pdf:had been conviction for 3 counts of sexual activity with a child in a position of trust and 3 ./Decision_for_Ms_Connor_Kim.pdf:counts of causing/inciting a child by a person in a position of trust to engage in sexual ./Decision_for_Ms_Connor_Kim.pdf-activity, there was a strong public interest consideration in respect of the protection of ./Decision_for_Ms_Connor_Kim.pdf-pupils, given the extremely serious findings of inappropriate relationships with children. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Similarly, the panel considered that public confidence in the profession could be seriously ./Decision_for_Ms_Connor_Kim.pdf-weakened if conduct such as that found against Ms Connor was not treated with the ./Decision_for_Ms_Connor_Kim.pdf-utmost seriousness when regulating the conduct of the profession. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel was of the view that a strong public interest consideration in declaring proper ./Decision_for_Ms_Connor_Kim.pdf-standards of conduct in the profession was also present as the conduct found against Ms ./Decision_for_Ms_Connor_Kim.pdf-Connor was outside that which could reasonably be tolerated. -- ./Decision_for_Ms_Connor_Kim.pdf- • the commission of a serious criminal offence, including those that resulted in a ./Decision_for_Ms_Connor_Kim.pdf- conviction or caution, paying particular attention to offences that are ‘relevant ./Decision_for_Ms_Connor_Kim.pdf- matters’ for the purposes of The Police Act 1997 and criminal record disclosures. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • misconduct seriously affecting the education and/or well-being of pupils, and ./Decision_for_Ms_Connor_Kim.pdf- particularly where there is a continuing risk; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • abuse of position or trust (particularly involving pupils); ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • any abuse of any trust, knowledge or influence grained through their professional ./Decision_for_Ms_Connor_Kim.pdf: position in order to advance a romantic or sexual relationship with a pupil or former ./Decision_for_Ms_Connor_Kim.pdf- pupil; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf: • sexual misconduct, for example, involving actions that were sexually motivated or ./Decision_for_Ms_Connor_Kim.pdf: of a sexual nature and/or that use or exploit the trust, knowledge or influence ./Decision_for_Ms_Connor_Kim.pdf- derived from the individual’s professional position; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • violating of the rights of pupils; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- • sustained or serious bullying, or other deliberate behaviour that undermines pupils, ./Decision_for_Ms_Connor_Kim.pdf- the profession, the school or colleagues; ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-Even though some of the behaviour found proved in this case indicated that a prohibition ./Decision_for_Ms_Connor_Kim.pdf-order would be appropriate, the panel went on to consider the mitigating factors. ./Decision_for_Ms_Connor_Kim.pdf-Mitigating factors may indicate that a prohibition order would not be appropriate or ./Decision_for_Ms_Connor_Kim.pdf-proportionate. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-There was no evidence that Ms Connor’s actions were not deliberate, in fact the panel ./Decision_for_Ms_Connor_Kim.pdf-noted the Judge’s sentencing remarks which stated, “These were not isolated incidents. ./Decision_for_Ms_Connor_Kim.pdf:[the Pupil] was groomed and manipulated.” ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-There was no evidence to suggest that Ms Connor was acting under extreme duress, ./Decision_for_Ms_Connor_Kim.pdf-and, in fact, the panel found Ms Connor’s actions to be calculated and motivated. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-No evidence was submitted to attest to Ms Connor’s history or ability as a teacher. Nor ./Decision_for_Ms_Connor_Kim.pdf-was any evidence submitted which demonstrated exceptionally high standards in both ./Decision_for_Ms_Connor_Kim.pdf-personal and professional conduct or that Ms Connor has contributed significantly to the ./Decision_for_Ms_Connor_Kim.pdf-education sector. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel noted the sentencing remarks submitted as part of the bundle, which noted -- ./Decision_for_Ms_Connor_Kim.pdf-to the Secretary of State that a prohibition order should be imposed with immediate ./Decision_for_Ms_Connor_Kim.pdf-effect. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel went on to consider whether or not it would be appropriate for it to decide to ./Decision_for_Ms_Connor_Kim.pdf-recommend a review period of the order. The panel was mindful that the Advice states ./Decision_for_Ms_Connor_Kim.pdf-that a prohibition order applies for life, but there may be circumstances, in any given ./Decision_for_Ms_Connor_Kim.pdf-case, that may make it appropriate to allow a teacher to apply to have the prohibition ./Decision_for_Ms_Connor_Kim.pdf-order reviewed after a specified period of time that may not be less than 2 years. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The Advice indicates that there are behaviours that, if proved, would militate against the ./Decision_for_Ms_Connor_Kim.pdf:recommendation of a review period. One of these behaviours include serious sexual ./Decision_for_Ms_Connor_Kim.pdf:misconduct, such as where the act was sexually motivated and resulted in, or had the ./Decision_for_Ms_Connor_Kim.pdf-potential to result in, harm to a person or persons, particularly where the individual has ./Decision_for_Ms_Connor_Kim.pdf-used her professional position to influence or exploit a person or persons. The panel ./Decision_for_Ms_Connor_Kim.pdf:found that Ms Connor was convicted of 3 counts of sexual activity with a child and 3 ./Decision_for_Ms_Connor_Kim.pdf:counts of causing or inciting a child to engage in sexual activity. ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf-The panel decided that the findings indicated a situation in which a review period would ./Decision_for_Ms_Connor_Kim.pdf-not be appropriate and, as such, decided that it would be proportionate, in all the ./Decision_for_Ms_Connor_Kim.pdf- ./Decision_for_Ms_Connor_Kim.pdf- 13 ./Decision_for_Ms_Connor_Kim.pdf- -- ./