TRB 2022/2023 – 1

FACTS

The Registrar issued a Complaint against a registered male teacher alleging unprofessional (being disgraceful or improper) conduct. The unprofessional conduct included several breaches of professional boundaries which included extensive inappropriate electronic messages sent to a student and the giving of personal gifts to the same student. This culminated in the teacher and student engaging in sexual activity after the student turned 18 and had graduated from High School. The respondent was represented but neither he nor his representative appeared before the Board. By way of a signed Notice of Intent the respondent admitted to the allegations contained in the Complaint.

FINDINGS

The Disciplinary Committee found the respondent guilty of unprofessional conduct (being both disgraceful and improper conduct) and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action; his registration was cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

Case 1: TRB 2021/2022 – 1

FACTS

A registered male teacher was dismissed by his employer following findings of misconduct. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct) and that he was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved engaging in inappropriate communication with a student and breaching the Protective Practices Guidelines on multiple occasions. The respondent was represented and appeared before the Board at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (being both disgraceful and improper conduct) and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. His registration was cancelled with immediate effect and he was disqualified from being a registered teacher until further order.

Case 2: TRB 2021/2022 – 2

FACTS

The Registrar issued a Complaint against a formerly registered male teacher alleging unprofessional (being disgraceful and improper) conduct. The unprofessional conduct included extensive inappropriate electronic messages sent to students and breaches of professional boundaries. The respondent did not appear before the Board but was represented at the hearing. Through counsel the respondent admitted to most of the allegations contained in the Complaint, as amended at the Inquiry.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (being both disgraceful and improper conduct) and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. He was disqualified from being a registered teacher on a permanent basis.

Case 3: TRB 2021/2022 – 3

FACTS

A formerly registered male teacher was dismissed by his employer following findings of misconduct. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct) and that he was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved inappropriate conduct with a student and breaching the Protective Practices Guidelines on multiple occasions. The respondent was not represented and did not appear before the Board at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (being both disgraceful and improper conduct) and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. He was disqualified from being a registered teacher on a permanent basis.

Case 4: TRB 2021/2022 – 4

FACTS

A registered male teacher was the subject of a complaint by a former student who alleged the teacher failed to make a mandatory notification of abuse on three separate occasions. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct). The respondent was represented and appeared before the Board at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (being disgraceful and/or improper conduct). The Disciplinary Committee determined there was proper cause for disciplinary action. He received a reprimand and was suspended from the Register of Teachers until his successful completion of a program focussing on professional practice and professional boundaries for teachers.

Case 5: TRB 2021/2022 – 5

FACTS

A formerly registered female teacher was dismissed by her employer following the employer’s ‘managing unsatisfactory performance’ process, which found the respondent engaged in persistent unsatisfactory performance.  The Registrar issued a Complaint against the respondent alleging unprofessional conduct (namely incompetence and improper conduct).

The grounds of the Complaint alleged the respondent breached standards 3, 4, 5 and 7 of the Australian Professional Standards for Teachers, which amounted to incompetence and included; failing to plan and implement effective teaching and learning, failing to create and maintain supportive and safe learning environments, failing to appropriately manage challenging behaviour and ensure students’ wellbeing, failing to assess, provide feedback and report on student learning and failing to engage professionally with colleagues/carer and the community. The respondent did not appear before the Board and was not represented.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (namely incompetence and improper conduct) and determined there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until further order.

Case 6: TRB 2021/2022 – 6

FACTS

A formerly registered male teacher was dismissed by his employer following the employer’s ‘managing unsatisfactory performance’ process, which found the respondent engaged in persistent unsatisfactory performance across multiple sites. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (namely incompetence) and that he was not a fit and proper person to be registered as a teacher. The grounds of the Complaint alleged the respondent breached multiple standards of the Australian Professional Standards for Teachers, which amounted to incompetence. The respondent appeared before the Board and was not represented.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (namely incompetence) and determined there was proper cause for disciplinary action. The respondent had conditions imposed upon his registration restricting him to working as a Temporary Relief Teacher in Primary settings whilst being subject to a Supervision, Training and Mentorship plan.

Case 7: TRB 2021/2022 – 7

FACTS

A registered male teacher was co-charged with two counts of trafficking in a controlled drug and one count of using (namely smoking, consuming or administering) a controlled drug. The charges against the respondent were subsequently withdrawn. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct). The respondent was represented and appeared before the Board at the hearing. The respondent admitted he was guilty of unprofessional conduct (being disgraceful and/or improper conduct).

FINDINGS

The Disciplinary Committee determined there was proper cause for disciplinary action. Conditions were imposed on the respondent’s registration requiring him to maintain a program of counselling or treatment and to submit to random hair follicle testing for the detection of illicit substances at the request of the Registrar.

Case 1: TRB 2020/2021 – 1

FACTS

A registered male teacher was stopped by police in 2019 on his way to work at an educational site and following testing returned a positive roadside drug screen. The presence of illicit drugs was confirmed following forensic testing and the respondent was issued an expiation notice however, he elected to be prosecuted. Subsequently, the respondent pleaded guilty to ‘Drive a Vehicle with Combination of Drugs in Fluid or Blood’. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being both disgraceful and improper conduct) and that he was not a fit and proper person to be a registered teacher. The respondent appeared before the Board at the hearing.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent received a reprimand and conditions were imposed upon his registration requiring him to submit to a random drug screening regime and engage with a mentor within the teaching profession to seek guidance and assistance with respect to any concerns or issues arising from his professional practice.

Case 2: TRB 2020/2021 – 2

FACTS

A formerly registered male teacher was found not guilty in the District Court of South Australia after trial by a Judge alone of the offences of aggravated communicating with the intention of making a child amenable to sexual activity and aggravated indecent assault. During the course of those proceedings the Court received extensive evidence of inappropriate electronic communication with a student outside of his duties as a teacher. The Registrar issued a Complaint alleging unprofessional conduct (being disgraceful or improper conduct of the Respondent) and that he was not a fit and proper person to be a registered teacher. The Respondent was legally represented, but neither he nor his legal representative appeared before the Board at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the Respondent guilty of unprofessional conduct (being both disgraceful and improper conduct). The Disciplinary Committee determined there was proper cause for disciplinary action. The Respondent was disqualified from being a registered teacher until further order of the Board.

TRB 2019/2020 – 1

FACTS

Police stopped a formerly registered female teacher on three separate occasions between 2014-2018 and, following testing returned positive results for driving whilst illicit drugs were present in her oral fluid.  On the first occasion, the respondent received an expiation notice for the offence of ‘Prescribed Drug (methylamphetamine) in Oral Fluid’.  On the second occasion, the respondent pleaded guilty to and was convicted of the offence of ‘Drive Motor Vehicle with Drug Type Unknown in Fluid or Blood’.  On the third occasion, the respondent pleaded guilty to and was convicted of the offence of ‘Drive Motor Vehicle with Methamphetamine in Fluid or Blood’. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being both disgraceful and improper conduct) and that she was not a fit and proper person to be a registered teacher. The respondent appeared before the Board at the hearing.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until the fulfilment of specified conditions relating to her assessment and treatment by Drug and Alcohol Services South Australia.

TRB 2019/2020 – 2

FACTS

A male teacher currently suspended by the Board after having been found guilty of unprofessional conduct applied to have his suspension lifted and to be re-admitted to the Register of Teachers. He had complied with the conditions previously imposed and the minimum period of suspension had passed. The previously considered unprofessional conduct included a series of inappropriate electronic messages sent to a student while the registrant was teaching in the United Kingdom; this conduct was investigated by authorities in the United Kingdom, which the registrant failed to declare when applying for registration in South Australia. The respondent did not appear before the Board and was not represented.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee determined to lift the suspension imposed, revoke the conditions imposed and readmit the teacher to the Register of Teachers.

TRB 2019/2020 – 3

FACTS

A formerly registered male teacher was found to have been in breach of conditions imposed on his registration and found to have made false and/or misleading statements to his medical practitioners and the Board regarding his use of alcohol. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct) and that he was not a fit and proper person to be registered as a teacher. The unprofessional conduct included the misuse of alcohol. The respondent did not appear before the Board and was legally represented at the hearing. The respondent admitted to the majority of the allegations contained in the Complaint but denied allegations relative to making false and/or misleading statements.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct that he is not a fit and proper person to be a registered teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until the fulfilment of specified conditions relating to blood testing for alcohol consumption and the provision of psychiatric reports.

TRB 2019/2020 – 4

FACTS

A formerly registered female teacher entered a plea of guilty in the Adelaide Magistrates Court to one count of aggravated assault against her then partner. The offence was aggravated by the use of a knife. It was alleged the teacher held a knife above the head of her domestic partner. Her partner intercepted and disarmed her – no injuries were received. She was sentenced to a term of imprisonment which was suspended upon the respondent entering into a bond to be of good behaviour for a period of three years. She had also not provided required information pursuant to Section 34 of the Teachers Registration and Standards Act 2004 to the Registrar on three occasions. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until further order.

TRB 2019/2020 – 5

FACTS

A registered female teacher was dismissed by her employer following an investigation into allegations of unprofessional conduct. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct) and that she was not a fit and proper person to be registered as a teacher. The unprofessional conduct was that on one occasion she kissed and participated in intimate touching with a student at a nightclub and purchased alcohol for the underage student. Subsequently, on two separate occasions, she engaged in intimate kissing and touching with two recent ex-students at nightclubs. The respondent appeared before the Board and was represented at the hearing. The respondent admitted to all of the allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct (being disgraceful and improper conduct). The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent received a reprimand, her registration was cancelled with immediate effect and she was disqualified from being registered as a teacher until further order.

TRB 2019/2020 – 6

FACTS

A formerly registered male teacher was dismissed by his employer following an investigation into allegations of unprofessional conduct. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful or improper conduct) and that he was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved making inappropriate remarks to female students and interacting with a female student at her place of work, outside of the scope of the student/teacher relationship. The respondent appeared before the Board and was represented at the hearing. The respondent did not admit to all of the allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until further order.

TRB 2019/2020 – 7

FACTS

A formerly registered male teacher resigned from his employment following an investigation into allegations of unprofessional conduct. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct) and that he was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved extensive inappropriate electronic communication with a student. The respondent did not appear before the Board and was not represented at the hearing. The respondent did not admit to all of the allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (being both disgraceful and improper conduct). The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2019/2020 – 8

FACTS

A registered male teacher had previously been found guilty by the Board of unprofessional conduct relating to his misuse of alcohol and had conditions imposed upon his registration relating to the provision of regular reports from his treating health professional(s). Subsequent to this finding he committed two further offences being Drive With Excess Blood Alcohol and Contravening a Condition of a Probationary Licence. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct) and that he was not a fit and proper person to be registered as a teacher. The respondent appeared before the Board and was represented at the hearing. The respondent did not admit to all of the allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct (being improper conduct). The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent received a reprimand and conditions were imposed upon his registration requiring him to submit to random blood testing for alcohol consumption and to provide regular psychological reports.

TRB 2019/2020 – 9

FACTS

A formerly registered male teacher was charged with one count of possession of child exploitation material (aggravated); the charge was ultimately not proceeded with by police. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and improper conduct) and that he was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved engaging in sexually explicit conversations and conduct online with people he knew or believed, to be of school age. He also frequented and accessed websites that contained offensive material said to involve teenagers. The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct (being both disgraceful and improper conduct) and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. He received a reprimand and was disqualified from being a registered teacher on a permanent basis.

TRB 2018/8 – 10

FACTS

The Registrar issued a Complaint against a registered male teacher alleging unprofessional (being disgraceful and/or improper) conduct. The unprofessional conduct related to a series of inappropriate electronic messages sent (circa 2005) to a former student while the registrant was teaching in the United Kingdom. This conduct was considered by authorities in the United Kingdom. The respondent failed to appropriately declare this conduct at both the time of applying for registration and also for employment in South Australia. The respondent did not appear before the Board but was represented at the hearing. The respondent made partial admissions to the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent received a reprimand and his registration was suspended for a period of not less than six months. In addition, conditions were imposed upon the respondent’s registration requiring the provision of a satisfactory psychological report before the registrant’s suspension could be lifted.

TRB 2018/9 - 11

FACTS

A registered male teacher was suspended by his employer for a specified period in response to findings of misconduct. The Registrar issued a Complaint against the respondent alleging unprofessional (being disgraceful and improper) conduct. The unprofessional conduct involved professional boundary breaches in the form of inappropriate electronic communication (social media messages of a non-sexual nature) and inappropriate physical contact with a student. The respondent appeared before the Board and was represented at the hearing. The respondent admitted the factual matters but not the allegations of unprofessional conduct contained in the Complaint.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was reprimanded and had conditions imposed on his registration requiring provision of a psychological report as well as regular reports from his Principal addressing his progress in maintaining appropriate professional boundaries with students.

TRB 2018/10 - 12

FACTS

A registered male teacher was found guilty in the District Court of South Australia of one count of aggravated producing child exploitation material and one count of aggravated possession of child exploitation material. He was sentenced to a term of imprisonment which was suspended upon the respondent entering into a bond to be of good behaviour for a period of two years. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. The respondent did not admit to all allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2019/1 - 1

FACTS

A registered male teacher was dismissed by his employer following an allegation of serious misconduct. The Registrar issued a Complaint against the respondent alleging unprofessional (being improper) conduct by way of inappropriate communication with students. The respondent did not appear before the Board and was not represented at the hearing. The respondent did not admit to all allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect.

TRB 2019/2 - 2

FACTS

A formerly registered male teacher entered a plea of guilty in the Supreme Court of South Australia to one count of murder. He was sentenced to a term of imprisonment for life, with a non-parole period of fifteen years. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. With one exception the respondent admitted to all allegations contained in the Complaint by way of a written submission to the Board.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2019/2 - 3

FACTS

A formerly registered female teacher entered a plea of guilty in the Adelaide District Court to one count of making communication with the intention of procuring a child to engage in or submit to sexual activity. She was sentenced to a term of imprisonment which was suspended upon the respondent entering into a bond to be of good behaviour for a period of three years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that she was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. The respondent did not admit to all allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2019/2 - 4

FACTS

A formerly registered male teacher entered a plea of guilty in the Adelaide Magistrates Court to three counts of aggravated producing child exploitation material, one count of aggravated possessing child exploitation material and one count of possessing child exploitation material. He was sentenced to a term of imprisonment for three years, with a non-parole period of two years. The Registrar issued a Complaint against the respondent alleging unprofessional (being disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2019/5 - 6

FACTS

A registered female teacher resigned from her employer in response to allegations of unprofessional misconduct. The Registrar issued a Complaint against the respondent alleging unprofessional (being disgraceful and/or improper) conduct and that she was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved the provision of fraudulent medical certificates by the respondent to her employer on more than one occasion. The respondent did not appear before the Board and was not represented at the hearing. The respondent did not admit to all allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent had her registration as a teacher cancelled with immediate effect and was disqualified from being a registered teacher until further order.

TRB 2019/5 - 7

FACTS

A registered male teacher was dismissed by his employer following an allegation of misconduct. The Registrar issued a Complaint against the respondent alleging unprofessional conduct, that the respondent’s capacity to teach was seriously impaired and that he was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved a conviction for theft and a conviction for committing a speeding offence while driving a motor vehicle with methamphetamine in his oral fluid. The respondent did not appear before the Board but was represented at the hearing. The respondent admitted to most allegations contained in the Complaint by way of a Statement of Agreed Facts.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and was disqualified from being a registered teacher for a period of five years.

TRB 2017/9 - 6

FACTS

A registered female teacher was observed to have difficulties in her teaching practice in three schools. The alleged unprofessional conduct called into question the respondent’s mental health and fitness to teach. The respondent resigned from her employment. The Registrar issued a Complaint against the respondent alleging her capacity to teach was seriously impaired by mental illness or disability affecting her behaviour and/or competence as a teacher. The respondent appeared before the Board at the hearing. The respondent did not admit to the allegations contained in the Complaint. The hearing was adjourned to allow for provision of an independent medical report.

FINDINGS

On continuation, following receipt of the medical report, the Disciplinary Committee resolved to dismiss the application as they were not satisfied on the balance of probabilities that the respondent’s capacity to teach was seriously impaired by an illness or disability affecting her behaviour or competence as a teacher.

TRB 2017/9 – 7

FACTS

A formerly registered male teacher entered a plea of guilty in the Adelaide District Court to two counts of possess child exploitation material (one aggravated, one basic) and to four counts of indecent filming. He was sentenced to a term of imprisonment for two years, with a non-parole period of ten months. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. The respondent admitted to all allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2017/10 – 8

FACTS

A formerly registered female teacher was charged with multiple drug and firearm offences that were later withdrawn. Subsequently she received an expiation notice for possession of cannabis and a Drug Diversion Referral for possession of a controlled drug. In addition, she entered a plea of guilty to: two counts of dishonestly taking property without the owner’s consent in the Adelaide Magistrates Court; and one count of dishonestly taking property without the owner’s consent in the Elizabeth Magistrates Court. It was further alleged she submitted fraudulent documentation to the Board. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that she was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. The respondent did not admit to any allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that she was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher until further order of the Board.

TRB 2017/10 - 9

FACTS

A registered male teacher entered a plea of guilty in the Supreme Court of Tasmania to one count of maintaining a sexual relationship with a young person. He was sentenced to a term of imprisonment for two years. The final eight months was suspended upon the respondent entering into a bond to be of good behaviour for a period of two years. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. The respondent admitted to all allegations contained in the Complaint by way of a written submission to the Board.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent’s registration was cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2018/2 - 1

FACTS

A formerly registered male teacher was found guilty in the Adelaide District Court to one count of persistent sexual exploitation of a child. He was sentenced to a term of imprisonment for ten years, with a non-parole period of six years. Following an appeal against the sentence the Full Court of the Supreme Court of South Australia resentenced the respondent for a term of imprisonment for three years and six months, with a non-parole period of two years and six months. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2018/3 - 2

FACTS

A registered female teacher was found guilty in the Port Pirie Magistrates Court to drive motor vehicle with methamphetamine in fluid or blood and contravene condition of provisional license – prescribed drug. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct. The respondent appeared before the Board at the hearing. The respondent admitted to all but one of the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent received a reprimand and her registration was suspended for a period of two months. In addition, conditions were imposed upon the respondent’s registration requiring the provision of regular drug screening test results to the Board.

TRB 2018/3 - 3

FACTS

A formerly registered male teacher resigned from his position following allegations of unprofessional conduct. The conduct involved leading a group of students engaged in a self-reliant night on an outdoor education activity. He and a colleague left the students, remaining at an alternative site overnight. They did not return to the area until the following morning. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct. The respondent did not appear before the Board and was not represented at the hearing. The respondent admitted to all allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent’s pending application for renewal of registration was granted. The respondent was issued with a reprimand and conditions were imposed on his registration preventing him from being the senior teacher or sole teacher on overnight school activities.

TRB 2018/3 – 4

FACTS

A formerly registered male teacher was charged with assault against his partner; these charges were later withdrawn. The respondent was also alleged to have had a preoccupation with sexual partners wearing school uniforms. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. The respondent did not admit to the allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2018/3 - 5

FACTS

A registered male teacher gave sworn evidence in a trial in the District Court of South Australia admitting to his purchase, supply and use of cocaine. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. The respondent admitted to all allegations contained in the Complaint by way of a signed Statutory Declaration.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was suspended from the Register of Teachers with immediate effect until further order of the Board.

TRB 2018/4 – 6

FACTS

A registered female teacher had her authority to teach withdrawn by her employer in response to a finding of improper conduct. The Registrar issued a Complaint against the respondent alleging unprofessional (being disgraceful and improper) conduct. The unprofessional conduct involved the respondent showing two Year 11 students a copy of a text message on her personal mobile phone that contained vulgar and inappropriate language of a highly sexual nature and discussing lurid matters in her personal life with them. The respondent did not appear before the Board and was not represented at the hearing. The respondent admitted to all the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct (being disgraceful and improper conduct). The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent had her registration as a teacher suspended until the fulfilment of specified conditions including the provision of regular reports from her treating psychologist and completion of a relevant professional development course.

TRB 2018/4 - 7

FACTS

A registered male teacher pleaded guilty in the Adelaide District Court to one count of sexual intercourse with a person under the age of fourteen years. He was sentenced to a term of imprisonment for two years, nine months and eighteen days, with a non-parole period of fourteen months. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent appeared before the Board via telephone linkup but was not represented at the hearing. With one exception the respondent admitted to all allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2018/6-8

FACTS

A formerly registered female teacher was directed to remain absent from the workplace until her employer received medical information confirming she was not suffering from a disorder/medical condition which could impact her ability to undertake teaching responsibilities. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being disgraceful and/or improper conduct) and that she was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved returning a positive roadside drug screen and providing various contradictory reports of her drug use. The respondent appeared before the Board at the hearing. The respondent admitted to the factual allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct (being disgraceful and improper conduct). The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent was disqualified from being registered until the fulfilment of specified conditions including attending further sessions with her treating psychologist, the provision of a medical report and continued drug testing.

TRB 2016/9 - 4

FACTS

A formerly registered male teacher entered a plea of guilty in the Adelaide District Court to two counts of persistent sexual exploitation of a child. He was sentenced to a term of imprisonment. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. He did however admit to all the allegations contained in the Complaint by way of a signed Notice of Intent and written submissions.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he is not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2016/9 - 5

FACTS

A registered male teacher entered a plea of guilty in the Adelaide District Court to one count of attempting to obtain access to child exploitation material. He was sentenced to a term of imprisonment which was suspended upon the respondent entering into a bond to be of good behaviour for a period of two years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing.  He did however admit to all the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he is not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2016/10 - 6

FACTS

A registered male teacher entered a plea of guilty in the Adelaide District Court to four counts of aggravated indecent assault. He was sentenced to a term of imprisonment which was suspended upon the respondent entering into a bond to be of good behaviour for a period of two years.  The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2016/10 - 7

FACTS

A registered male teacher was suspended from duty by his employer following allegations of unprofessional conduct involving extensive messaging with two students. This messaging did not concern school matters and was of a personal nature. The respondent resigned from his teaching position following his employer instigating disciplinary proceedings. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent provided written submissions but did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of two counts of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined there was proper cause for disciplinary action. The respondent received a reprimand. The Board also imposed conditions on the respondent’s registration requiring he successfully complete the ‘Ethics in Education’ course addressing ethical and protective practices in the student/teacher relationship and undergo a psychological assessment. Furthermore, the respondent’s registration as a teacher was suspended with immediate effect until further order of the Board.

TRB 2016/11 - 8

FACTS

A registered male teacher entered a plea of guilty in the Adelaide Magistrates Court to one count of possession of child exploitation material. He was convicted and released on a bond to be of good behaviour for eighteen months. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be registered as a teacher. The respondent appeared before the Board at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher until further order of the Board.

TRB 2017/2-1

FACTS

A formerly registered male teacher entered a plea of guilty in the Adelaide District Court to one count of produce child pornography. He was sentenced to a term of imprisonment which was suspended upon the respondent entering into a bond to be of good behaviour for a period of eighteen months. The Registrar issued a Complaint against the respondent alleging unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be registered as a teacher. The respondent appeared before the Board and was represented at the hearing. The respondent admitted to all allegations contained in the Complaint by way of a written submission to the Board.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2017/3-2

FACTS

A registered male teacher resigned from his employer following incidents at a school camp. The Registrar issued a Complaint against the respondent alleging unprofessional (being improper) conduct. The respondent appeared before the Board and was represented at the hearing.  The respondent admitted to all the allegations contained in the Complaint by way of a written submission to the Board.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The Disciplinary Committee imposed conditions on his registration preventing him from being the teacher in charge on school camps until he successfully completed a specific course on bushcraft.

TRB 2017/3-3

FACTS

The Registrar issued a Complaint against a formerly registered female teacher alleging unprofessional (being both disgraceful and improper) conduct and that she was not a fit and proper person to be registered as a teacher. The unprofessional conduct involved a failure to maintain appropriate student/teacher boundaries. The respondent did not appear before the Board and was not represented at the hearing.  The respondent did not admit to the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2017/3-4

FACTS

A formerly registered female teacher was observed to have some difficulties in her teaching practice in two schools. The alleged unprofessional conduct demonstrated the respondent was not able to adequately plan for and prepare classes. The respondent had participated in the ‘Managing Unsatisfactory Performance’ and ‘Persistent Unsatisfactory Performance’ processes. The respondent resigned from her employment. The ‘Persistent Unsatisfactory Performance’ process was terminated without formal conclusion. The Registrar issued a Complaint against the respondent alleging unprofessional conduct (being incompetence and improper conduct). The respondent did not appear before the Board and was not represented at the hearing. The respondent admitted to all the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional conduct (being incompetence). The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being a registered teacher until further order of the Board.

TRB 2017/5-5

FACTS

The Registrar issued a Complaint against a registered male teacher alleging unprofessional (being disgraceful and/or improper) conduct. The unprofessional conduct included a series of convictions for alcohol-related driving offences. The respondent appeared before the Board and was represented at the hearing.  The respondent admitted to all the allegations contained in the Complaint during the hearing.

FINDINGS

At the conclusion of the hearing, the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent received a reprimand and had conditions imposed on his registration requiring the provision, upon the Registrar’s request, of medical reports as to his alcohol dependency status and whether it remains in remission.

TRB 2015/9 - 2

FACTS

A registered female teacher was observed to have some difficulties in her teaching practice in two schools. The alleged unprofessional conduct demonstrated the respondent was not able to apply appropriate strategies to manage student behaviour, and student learning in those circumstances was compromised. The respondent also appeared to be unable to accept and adapt to assistance and advice offered to her to improve her management of the classroom. The respondent had participated in ‘Intensive Performance Support’ and ‘Managing Poor Performance’. The respondent resigned from her employment. The managing underperformance was terminated without formal conclusion. The Registrar issued a Complaint against the respondent alleging unprofessional conduct, namely incompetence. The allegations were denied by the respondent. The respondent appeared before the Board and represented herself at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (being incompetence) and determined that there was proper cause for disciplinary action. The respondent had her registration as a teacher cancelled with immediate effect and she was disqualified from being a registered teacher until further order of the Board.

TRB 2015/9 - 3

FACTS

A registered male teacher entered a plea of guilty in the Adelaide Magistrates Court to two charges namely: one count of being in possession of child pornography (aggravated offence) and one count of being in possession of child pornography (basic offence). He was committed to the Adelaide District Court and sentenced to a term of imprisonment. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be a registered teacher. The respondent admitted to all the allegations by way of a written submission and signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had his registration cancelled with immediate effect and he was disqualified from being registered as a teacher on a permanent basis.

TRB 2015/12 - 4

FACTS

A registered male teacher entered a plea of guilty in the Adelaide District Court to one count of persistent sexual exploitation of a child. He was convicted and sentenced to a term of imprisonment. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had his registration cancelled with immediate effect and he was disqualified from being registered as a teacher on a permanent basis.

TRB 2016/1 - 1

FACTS

A registered male teacher entered a plea of guilty in the Adelaide Magistrates Court in 2014 to one count of aggravated indecent assault; in 2015 the respondent entered a plea of guilty to an additional two counts of aggravated indecent assault. He was sentenced to a term of imprisonment which was suspended upon the respondent entering into a bond to be of good behaviour for a period of three years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit a proper person to be registered as a teacher. The respondent did not appear before the Board and was not represented at the hearing. He did however admit to all the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he is not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2016/1 - 2

FACTS

A registered male teacher entered a plea of guilty in the Adelaide Magistrates Court to one count of using a carriage service to access child pornography contrary to the laws of the Commonwealth, and one count of aggravated possession of child pornography contrary to the laws of the State. He was committed to the Adelaide District Court and sentenced to a term of imprisonment which was later suspended on Appeal. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit a proper person to be registered as a teacher.  The respondent did not appear before the Board and was not represented at the hearing. He did however admit to all the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he is not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2016/4 - 3

FACTS

A female teacher registered in South Australia entered a plea of guilty in the Court of Summary Jurisdiction, Darwin to the charge of harbouring an escaped prisoner whilst residing in the Northern Territory. She was sentenced to a period of three months’ imprisonment which was suspended upon her entering into a bond to be of good behaviour for a period of twelve months. Further by failing to within fourteen days give written notice of the charge and subsequent conviction to the Board contravened a condition of her teacher registration. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent appeared before the Board and admitted to the allegations contained in the Complaint.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of two counts of unprofessional conduct, being one count of disgraceful and improper conduct and one count of improper conduct. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was reprimanded and further disqualified from being registered as a teacher for a period of twelve months.

TRB 2014/7 – 5

FACTS

A registered male teacher entered a plea of guilty to one count of accessing child exploitation material, one count of aggravated possession of child pornography and eleven counts of using a carriage service to transmit indecent communications to a person under the age of 16 years. He was convicted and sentenced in the District Court to a term of imprisonment of four years and nine months with a non-parole period of two years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be a registered teacher.  The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent had his registration as a teacher cancelled and he was disqualified from being a registered teacher on a permanent basis.

TRB 2014/9 – 6

FACTS

A registered male teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher/student relationship by forming an improper emotional attachment to two emotionally vulnerable students.  The Registrar issued a Complaint against the respondent alleging unprofessional conduct.  The respondent did not appear before the Board and was not represented at the hearing. The respondent did however admit to the allegations in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher until further order of the Board.

TRB 2014/9 – 7

FACTS

A registered male teacher entered a plea of guilty to three counts of unlawful sexual intercourse, one count of indecent assault, one count of produce child pornography (aggravated offence) and one count of possessing child pornography (aggravated offence). He was convicted and sentenced in the District Court of South Australia to a term of imprisonment of five years and six months with a non-parole period of three years and six months. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be registered as a teacher.  The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2014/9 – 8

FACTS

A registered male teacher entered a plea of guilty to three counts of communicating with the intention of procuring a child to engage in sexual activity and one count of aggravated possession of child pornography. He was convicted and sentenced in the District Court of South Australia to a term of imprisonment of two years with a non-parole period of fourteen months with the sentence suspended and the respondent being placed on a bond to be of good behaviour for two years with supervision for a period of eighteen months. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that the Respondent is not a fit and proper person to be registered as a teacher.  The respondent did not appear before the Board and was not represented at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2014/10 – 9

FACTS

A registered female teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher/student relationship by forming an improper online relationship with a student and in doing so jeopardised the student’s emotional, social and educational welfare.  It was also alleged that the teacher breached a managerial direction from her employer. The Registrar issued a Complaint against the respondent alleging unprofessional conduct.  The respondent did not appear before the Board and was not represented at the hearing.  The respondent did however admit to the allegations in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent had her registration as a teacher cancelled with immediate effect and she was disqualified from being a registered teacher until further order of the Board.

TRB 2014/11 – 10

FACTS

A formerly registered male teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher/student relationship on three separate occasions and over a number of years.  The first matter related to the forming, fostering, encouraging and maintaining a close relationship with a student.  The second matter related to forming an improper sexual relationship with a student.  The third matter related to communicating with students via MSN about unrelated school matters and outside of school hours.  The Registrar issued a Complaint against the respondent alleging unprofessional conduct.  The respondent did not appear before the Board and was not represented at the hearing. The respondent indicated by way of a signed Notice of Intent that he denied the allegations contained in the Complaint and advised that he would not participate in the proceedings.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of three counts of unprofessional conduct, being two counts of improper conduct and one count of disgraceful and improper conduct.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2014/12 – 11

FACTS

A formerly registered male teacher entered a plea of guilty in the District Court to twelve offences, being six counts of indecent assault of a child under the age of twelve years, five counts of indecent assault of a child over the age of twelve years and one count of inciting the commission of an act of gross indecency by a child over the age of twelve years. He was convicted and sentenced to a term of imprisonment. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be a registered teacher. The respondent did not appear before the Board and was not represented at the hearing.  The respondent did however admit to the allegations in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent was disqualified from being a registered teacher on a permanent basis.

TRB 2015/3 - 1

FACTS

A registered male teacher entered a plea of guilty to one count of possession of child pornography and one count of aggravated possession of child pornography. He was convicted and sentenced in the District Court of South Australia to a term of imprisonment. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit a proper person to be registered as a teacher.  The respondent did not appear before the Board and was not represented at the hearing. He did however admit to all the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he is not a fit and proper person to be a registered teacher.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2013/10 – 4

FACTS

A formerly registered male teacher was found guilty in the Adelaide District Court of one count of persistent sexual exploitation of a child.  He was convicted and sentenced to three years imprisonment with a non-parole period of eighteen months.  The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear at the hearing, as he is currently serving a custodial sentence, and was not represented. The respondent did however admit to the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2013/12 - 5

FACTS

A registered female teacher plead guilty to the charge of manslaughter in the Supreme Court of South Australia. She was convicted and sentenced to a period of five years imprisonment with the sentence being suspended with the respondent being placed on a bond to be of good behaviour for three years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear and was not represented at the hearing.  The respondent did however admit to the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent’s registration as a teacher was cancelled and she was further disqualified from being registered as a teacher on a permanent basis.

TRB 2014/2 - 1

FACTS

A formerly registered male teacher was alleged to have breached the boundaries of the professional student/teacher relationship through the use of social media on two occasions in 2009/10 involving inappropriate relationships with two female year 11/12 students. The Registrar issued a Complaint against the respondent alleging two counts of unprofessional conduct and that he was not a fit and proper person to be a registered teacher. In relation to count one the respondent was charged in the Adelaide District Court with aggravated communicating with a child for prurient interest. He entered a plea of guilty in the Adelaide District Court to the charge and was convicted and sentenced to six months imprisonment with the sentence suspended and the respondent being placed on a bond to be of good behaviour for twelve months. In relation to count two and the second charge the respondent did not contest the matter.  The respondent did not appear at the hearing, was not represented but provided written submissions.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of two counts of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. Further, the Disciplinary Committee found that he was not a fit and proper person to be a registered teacher and that there were grounds for disciplinary action on this charge also.  The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2014/5 - 2

FACTS

A formerly registered male teacher, who was relatively inexperienced, was alleged to have failed to maintain appropriate professional boundaries in the teacher/student relationship and in so doing jeopardised the student’s emotional, social and educational welfare;  further it was alleged that he took advantage of the relationship of trust and was in breach of his duty of care to the student by encouraging her, or failing to discourage her, in the development of an inappropriate emotional dependence upon him. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that the respondent was not a fit and proper person to be a registered teacher. The respondent appeared and was represented by Counsel at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until he has met and complied with a condition to complete to the Board’s satisfaction an approved Ethics in Education Course which has relevance to the issue of maintaining appropriate boundaries in the teacher/student relationship. No orders were made regarding the application that the respondent was not a fit and proper person to be a registered teacher.

TRB 2014/5 - 3

FACTS

A formerly registered male teacher entered a plea of guilty in the Adelaide District Court to two charges namely: production of child pornography and aggravated production of child pornography.  He was convicted and sentenced to three years and two months’ imprisonment with a non-parole period of twenty months. The sentence was suspended by the Court with the respondent being placed on a bond to be of good behaviour for two years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be a registered teacher. The respondent had indicated an intention not to appear before the Board and admitted to the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that he was not a fit and proper person to be a registered teacher.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2014/6 – 4

FACTS

A registered male teacher entered a plea of guilty in the Adelaide Magistrates Court to six counts of a person in authority having sex with person under 18 years of age. He was convicted and sentenced in the Adelaide District Court to a term of imprisonment of four years and six months with a non-parole period of eighteen months. The Registrar issued a Complaint against the respondent alleging unprofessional conduct.  The respondent did not appear before the Board and was not represented at the hearing. The respondent did however admit to the allegations contained in the Complaint by way of a signed Notice of Intent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct.  The Disciplinary Committee determined that there was proper cause for disciplinary action.  The respondent had his registration as a teacher cancelled with immediate effect and he was disqualified from being a registered teacher on a permanent basis.

TRB 2012/8-4

FACTS

A formerly registered male teacher was alleged to have failed to maintain appropriate boundaries in the teacher/student relationship by entering into and maintaining an inappropriate relationship with a fourteen year old female student over some fifteen months. He was not at the relevant time a teacher at the school the student attended. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear before the Board and was not represented. He made some written admissions in relation to the facts of the matter but denied that he was guilty of any improper conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both improper and disgraceful) conduct in relation to developing and maintaining an inappropriate relationship with a female student over a lengthy period. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2012/8-5

FACTS

A registered male teacher had conditions attached to his registration as a result of an earlier hearing into his capacity to be a teacher related to his psychiatric health. Subsequently he failed to comply with those conditions which did not permit the Registrar to monitor the conditions, in particular in relation to the respondent’s ongoing psychiatric condition. The Registrar issued a Complaint against the respondent alleging unprofessional conduct in relation to his failure to comply with the conditions and to respond to the Registrar’s request for information. The respondent did not appear before the Board and his response to matters was uncertain. Following proof of service of related documentation the Board proceeded in his absence.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (improper) conduct for failing to comply with conditions on his registration and failing to respond to a request for information from the Registrar. The Disciplinary Committee determined that there was proper cause for disciplinary action. In the interests of students and the profession, the respondent‘s registration as a teacher was cancelled with immediate effect and he is entitled to consider re-applying when, or if, his mental health condition resolved.

TRB 2012/9-6

FACTS

A registered female teacher had conditions attached to her registration as a result of an earlier Admissions hearing in relation to her fitness to be registered as a teacher. Those conditions related to a psychiatric condition which required her to provide regular medical reports to the Registrar to enable her condition to be monitored. Due to receipt of a report with evidence of a relapse apparently affecting her ability to teach the Registrar issued an Application for a further determination as to whether the capacity of the teacher was seriously impaired by an illness which affected her competence as a teacher. The respondent appeared before the Board and was represented by an advocate. She admitted that she was currently suffering from a relapse of her psychiatric condition and that it affected her ability to teach at the present time.

FINDINGS

At the conclusion of the hearing the Committee found the respondent was currently seriously impaired by a mental illness which rendered her unfit for carrying out her duties as a teacher. The respondent’s registration was suspended until further order of the Board.

TRB 2012/10-7

FACTS

A formerly registered male teacher was charged in relation to incidents that occurred on a certain date involving him in accidentally falling with his young child and causing her injury. He entered a plea of guilty in the Adelaide District Court to one count of aggravated recklessly causing serious harm and one count of aggravated assault causing harm. He was sentenced to twenty seven months imprisonment with a non-parole period of fifteen months which sentence was wholly suspended upon him entering into a bond to be of good behaviour for a period of thirty months in the sum of $500. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent appeared at the hearing and admitted to the allegations in the Complaint laid by the Registrar and that he was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until 15/3/2014.

TRB 2012/11-8

FACTS

A formerly registered male teacher was found guilty in the Adelaide District Court of two counts of indecent assault, one count of attempted unlawful sexual intercourse and two counts of unlawful sexual intercourse involving a male under the age of seventeen years. He was convicted on all counts and sentenced to four years imprisonment. His appeals to the Court of Criminal Appeal (Supreme Court) and leave to appeal to the High Court were refused. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be a teacher. The respondent teacher did not appear and was not represented at the hearing but made written submissions denying that he was guilty of unprofessional conduct and that he was not a fit and proper person to be a registered teacher.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of five counts of unprofessional (being both disgraceful and improper) conduct and also found that he was not a fit and proper person to be a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action and the respondent was reprimanded and disqualified permanently for being registered as a teacher.

TRB 2012/11-9

FACTS

A formerly registered male teacher was found guilty on two occasions in the Adelaide District Court of sexual offences against minors. On the first occasion, he was found guilty of one count of gross indecency and one count of unlawful sexual intercourse both of which offences involved a female aged fourteen years. He was convicted on both counts and sentenced to a period of imprisonment. On the second occasion, the respondent was charged with two counts of unlawful sexual intercourse involving a female aged sixteen years at the time of the offending. He was also charged at the same time with one count of possessing child pornography. He was convicted of all counts and sentenced to a period of imprisonment of four years and one month which sentence was cumulative on the first sentence. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be registered as a teacher. The respondent teacher did not appear at the hearing and was not represented but the Disciplinary Committee was satisfied that he had been properly served with the documentation and was apprised of the proceedings.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty on all counts of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was reprimanded and disqualified from being registered as a teacher on a permanent basis. Further, the Committee found that he was not a fit and proper person to be a registered teacher.

TRB 2012/11-10

FACTS

A registered male teacher was alleged to have been involved with others in performing an exorcism involving a fifteen year old male whilst he was attending a church sponsored youth camp. The respondent teacher was a volunteer at the said camp at the time. Subsequently the respondent along with others was charged with the offence of aggravated assault and false imprisonment. The charge of false imprisonment was dismissed by a Magistrate for want of prosecution. The charge of aggravated assault was also dismissed by a Magistrate for want of prosecution upon the respondent voluntarily entering into a restraining order. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that the respondent was not a fit and proper person to be registered as a teacher. The applicant did not appear at the hearing but had indicated his intention to contest the characterization of his conduct as unprofessional and that there was proper cause for disciplinary proceedings.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was suspended from the Register of Teachers for a period of one year and ordered during that time to undertake the full seven hour training course in “Responding to Abuse and Neglect” and further to successfully complete a higher education course which has an emphasis on ethics in education and the responsibilities of a teacher.

TRB 2012/12 - 11

FACTS

A registered female teacher had conditions attached to her registration as a result of earlier hearings in relation to her fitness and propriety to be registered as a teacher. Those conditions related to her mental well-being which required her to provide regular medical reports to the Registrar to enable her condition to be monitored.  Due to non-compliance with the conditions and the respondent’s most recent psychiatric admission the Registrar issued a Complaint for a further determination as to whether the capacity of the teacher was seriously impaired by mental illness which affected her competence as a teacher. The respondent did not appear before the Board and was not represented.  The committee was satisfied that the respondent had proper notice of the hearing and determined to proceed in her absence.

FINDINGS

At the conclusion of the hearing the Committee found the respondent was seriously impaired by a mental illness which affected her capacity to be a teacher. The respondent’s registration was cancelled with immediate effect.

TRB 2013/3 - 1

FACTS

A registered male teacher, whose teaching career had been marred by alcohol-related incidents whilst at school and outside of the school context, had disciplinary proceedings initiated by the employer which resulted in him being dismissed from the teaching service. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that he was not a fit and proper person to be a registered teacher.  The respondent did not appear before the Board and was not represented.  The Board was satisfied that the respondent had been properly served with the appropriate documentation and determined to proceed in his absence.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action.  The respondent’s registration as a teacher was cancelled and he was further disqualified from being a registered teacher until further order of the Board.

TRB 2013/4 - 2

FACTS

A formerly registered male teacher entered a plea of guilty in the Adelaide District Court to four counts of indecent assault, three counts of gross indecency and three counts of unlawful sexual intercourse. He was convicted and sentenced to fourteen years imprisonment with a non-parole period of five years.  On appeal to the Supreme Court the non-parole period was increased to nine years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear at the hearing and was not represented but had provided written submissions admitting to the facts and his guilt in the matter without equivocation.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2013/4 - 3

FACTS

A formerly registered male teacher was found guilty in the Adelaide District Court of four counts of unlawful sexual intercourse. He was convicted and sentenced to four years imprisonment with the sentence being suspended with the respondent being placed on a bond to be of good behaviour for three years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear but was represented by Counsel at the hearing.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2011/7 - 8

FACTS

A registered male teacher had whilst under the influence of alcohol and whilst at school, left students unsupervised, left the school grounds without explanation and engaged in inappropriate verbal altercations with students. When he was removed to a position in head office he was further affected by alcohol at work. The Registrar issued a complaint against the respondent alleging unprofessional conduct and the respondent admitted the factual basis for the allegations and that he was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that there was proper cause for disciplinary action. The respondent was reprimanded and had his registration as a teacher cancelled. He was further disqualified from being a registered teacher until further order.

TRB 2011/9 - 9

FACTS

A registered female teacher was alleged to have inappropriately altered some of the answers of two students to questions set out in the NAPLAN Tests by rubbing out their answers and substituting her own answers. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent teacher appeared at the hearing and made submissions. She admitted the factual basis for the allegations and that her conduct had been unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a serious reprimand and suspended from the register of teachers for six months.

TRB 2011/9 - 10

FACTS

A formerly registered male teacher was found guilty in the Adelaide District Court of one count of possession of child pornography (in the form of prose, rather than photographs) which had been downloaded on a laptop computer he accessed for school purposes but which was owned by his school employer. He entered a plea of guilty, was convicted and released on a bond to be of good behaviour for a three year period. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent teacher did not appear at the hearing and was not represented. The respondent had made no formal response to the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being re-registered as a teacher on a permanent basis.

TRB 2011/9 - 12

FACTS

A registered male teacher was assisting with the supervision of a group of students on a school camp when it was alleged that he engaged in sexual activities in the tent he shared (due to particular circumstances) with the female teacher in charge of the excursion. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent appeared before the Board and was represented by Counsel at the hearing. He admitted the factual basis for the Complaint and that he was guilty of unprofessional (being improper) conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct and found that there was proper cause for disciplinary action. The respondent had already been dismissed from his employment but was successful on appeal in being reinstated and a sanction was substituted whereby he was suspended from his position for six months without pay or entitlements. In these circumstances the Board issued the respondent with a serious reprimand.

TRB 2011/9- 11

FACTS

A registered male teacher had completed his “Responding to Abuse and Neglect” training within the required period but had mislaid the Certificate of Attendance. It was alleged that he had filed a computer generated Certificate of Attendance which he had created himself as a substitute for the original certificate but the false document was detected before the renewal of registration. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent appeared at the hearing and made submissions on his own behalf. He admitted to the factual allegations and that he was guilty of unprofessional (being improper) conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct and that there was proper cause for disciplinary action. The respondent was reprimanded and fined one thousand dollars ($1,000.00) which sum was due and payable within three months.

TRB 2011/11 - 13

FACTS

A formerly registered male teacher was convicted in the County Court of Victoria of three counts of indecent assault upon two male children under the age of sixteen (16) years. The offending conduct was historical having taken place some forty one years prior to being dealt with by the court. The respondent was convicted and sentenced to twenty eight months imprisonment with a sixteen month non-parole period and was at the time of hearing serving that sentence. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear at the hearing or admit or deny the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary sanction. The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2011/12 - 14

FACTS

A registered male teacher used his school supplied lap top computer to download and store pornographic material (adult) from the internet and such conduct was alleged to have occurred in school time. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear at the hearing and was not represented but had made written submissions to the Board.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct for using his school supplied computer in school time to access the internet for inappropriate purposes and determined that there was proper cause for disciplinary action. The respondent, who had been dismissed from his employment, was issued with a serious reprimand.

TRB 2012/3-1

FACTS

An experienced registered male teacher was alleged to have had inappropriate physical contact with a year twelve female student in the context of a physical education excursion. He was alleged to have touched her inappropriately on two separate occasions on the one day, on her arm and back respectively. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent appeared before the Board and partially admitted the facts of the incidents. He admitted to one incident of failure to exercise proper judgment and denied that the second incident amounted to improper or unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of two counts of unprofessional (being improper) conduct and determined that there was proper cause for disciplinary action. The respondent was suspended from the Register of Teachers until he had successfully completed a course at higher education level in Ethics in Education with an emphasis on the proper boundaries of the teacher/student relationship.

TRB 2012/5-2

FACTS

A female registered teacher who was employed as a police officer used her position to access SA Police information relating to two males with whom she had a personal relationship at the relevant times. The information was unrelated to her police duties. She then used the information obtained to make inappropriate contact with others for her own purposes. She also misled her colleagues into assisting her to access SA Police information. The respondent was subsequently convicted of two counts of Abuse of Public Office. She received a suspended term of imprisonment (nine months), entered into a bond to be of good behaviour for three years and was placed under the supervision of a Community Corrections Officer for two years. The Registrar issued a Complaint against the respondent alleging unprofessional conduct and that she was not a fit and proper person to remain a registered teacher. The respondent did not appear before the Board but had indicated that she did not dispute the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and that she was not a fit and proper person to remain a registered teacher. The Disciplinary Committee determined that there was proper cause for disciplinary action. The respondent had her registration as a teacher cancelled with immediate effect and she was disqualified from being a registered teacher until further order of the Board.

TRB 2012/6-3

FACTS

A male registered teacher was alleged to have been incompetent in the exercise of his duties. As a year twelve teacher he was placed on an Intensive Performance Support program and later a Managing Poor Performance Program which resulted in a negative report as to his performance and ability to competently demonstrate that he had the essential skills and abilities needed. A Disciplinary inquiry was commenced by his employer but before it concluded the respondent resigned. The Registrar issued a Complaint against the respondent alleging unprofessional conduct, namely incompetence. The respondent appeared before the Board and was represented by Counsel. He admitted the factual basis for the allegations and that his conduct was unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being incompetent) conduct and determined that there was proper cause for disciplinary action. However, the Board acknowledged that difficulties had occurred following the respondent’s move to a different school location after a long history of satisfactory service. The respondent’s registration continued and was made subject to a number of conditions which restricted him to a particular teaching area and class level and imposed a number of reporting conditions to be monitored by the Registrar.

TRB 2010/8 - 3

FACTS

A formerly registered teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher/student relationship involving kissing/hugging a male year eleven student on one occasion. The Registrar issued a Complaint against the respondent former teacher alleging unprofessional conduct. The respondent was represented before the Board and admitted the factual basis of the allegations. She also admitted that her misconduct was unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct and determined that there was proper cause for disciplinary action. The respondent was reprimanded and disqualified from being registered as a teacher until she had complied with a condition that she successfully complete at her own expense a tertiary course of study in Ethics in Education in relation to maintaining appropriate boundaries in the student/teacher relationship.

TRB 2010/10 - 4

FACTS

A formerly registered teacher was alleged to have failed to maintain appropriate boundaries in the teacher/student relationship in two instances-the first count involved the development of an inappropriate relationship with a female year twelve student in 2005 and the second count also involved an inappropriate relationship with a female year eleven student in 2008. Each student attended the school at which the respondent was then teaching. The Registrar issued a Complaint against the respondent former teacher alleging unprofessional conduct. The respondent was not represented before the Board and did not attend the hearing. He made no formal response to either set of allegations but in disciplinary proceedings instituted by his employer he had denied the allegations in count one and made partial admissions in relation to count two. He denied that he was guilty of any unprofessional conduct on count one but admitted in relation to count two that he was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty on count one of unprofessional (being improper)conduct and on count two found him guilty of unprofessional (being disgraceful and improper) conduct. On both counts the Committee determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher on a permanent basis.

TRB 2010/10 – 5

FACTS

A registered teacher was alleged to have failed to maintain proper boundaries in the teacher/student relationship by the sending of inappropriate emails to a female student aged 12-13 years whom he taught at the school at which he was employed. The Registrar issued a Complaint against the respondent teacher alleging unprofessional conduct. The respondent was represented before the Board but did not attend the hearing. The respondent admitted the factual basis for the Complaint and also that he was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a serious reprimand and suspended from the Register of Teachers for a period of eighteen months. A condition was imposed that required him during the period of suspension, to attend and successfully complete a tertiary course of study(to be nominated by the Registrar) which addressed current ethical and protective practices on the issue of appropriate professional boundaries in the student/teacher relationship in a school, or school related, context. It was also a condition that during the period of suspension the respondent attend for a psychiatric examination by a psychiatrist nominated by the Board and that he authorize the provision of a subsequent written psychiatric report to the Registrar of the Teachers Registration Board.

TRB 2010/11 – 6

FACTS

A formerly registered teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher student relationship with a seventeen year old male student. The Registrar issued a Complaint against the former teacher alleging unprofessional conduct. The respondent was represented and denied any unprofessional conduct.

FINDINGS

This matter did not proceed to a hearing due to procedural difficulties and was withdrawn by the Registrar upon undertakings given by the respondent not to apply for registration or accreditation as a teacher in South Australia, any other state or territory of Australia or any overseas jurisdiction. The respondent further undertook not to at any time seek, accept or engage in work as a teacher in South Australia, any other part of Australia or overseas. Both undertakings were given on a permanent basis and copies of the undertakings were to be circulated to all relevant statutory authorities and relevant employers. The withdrawal of proceedings and the outcome achieved by way of undertakings was reviewed and accepted by the Board.

TRB 2010/11 - 7

FACTS

The respondent registered teacher, aged 23 years, was alleged to have behaved irresponsibly and placed children in an unsafe situation when she was under the influence of an alcohol/drug induced psychosis which condition had come about due to an underlying health condition that the respondent teacher was suffering and for which she was taking medication. The Registrar issued a Complaint against the respondent teacher alleging unprofessional conduct. The respondent teacher was represented at the hearing and appeared before the Board. She admitted to the factual basis for the allegations and that she was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent teacher guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a serious reprimand and her registration was made subject to a number of reporting conditions in relation to permitting the Registrar to monitor her health issues. The respondent was, in particular, required to attend upon her treating health professionals for regular review and to provide the Registrar with annual reports from her psychiatrist regarding her state of mental health.

TRB 2010/12 - 8

FACTS

A registered teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher/student relationship by inappropriate touching in relation to a seventeen year old male student. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent teacher was represented and appeared at the hearing in person. She admitted the factual basis for the allegations and that her conduct had been unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of two counts of unprofessional (being improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a serious reprimand and a condition was placed on her registration that at her own expense she successfully complete a tertiary course in “Ethics in Education“ which has special regard to the appropriate professional boundaries in the teacher/student relationship and strategies for ethical decision making.

TRB 2010/12 – 9

FACTS

A registered teacher advised the Registrar that he had been made the subject of an overseas restraining order in relation to his attendance at premises overseas following on the development of an internet relationship. Upon investigation the Registrar formed the view that there was a question regarding the teacher’s capacity to work as a teacher and a Complaint was issued in order to determine whether the teacher was currently impaired by any mental illness or disability affecting his behaviour and/or competence as a teacher. The respondent represented himself before the Committee and did not admit any health impairment affecting his competence as a teacher.

FINDINGS

After a perusal of all the evidence and hearing from the parties the Disciplinary Committee ordered the respondent to select from a list of psychiatrists provided by the Board and to attend for psychiatric examination. Subsequently, the respondent refused to select a psychiatrist from the list, refused to attend for psychiatric examination and refused to authorize the provision of a written psychiatric report to the Board. At a resumed hearing, after proper notice had been given, the Disciplinary Committee suspended the respondent from the Register of Teachers until such time as he complies with the order for psychiatric examination.

TRB 2011/2 - 1

FACTS

A formerly registered male teacher was alleged to have attempted to engage a disabled male adult, for whom he had previously been a carer, in a sexual act. The alleged misconduct occurred outside the school context. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent did not appear before the Board but admitted to the factual basis for the Complaint and that his conduct was unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until further order of the Board.

TRB 2011/2 – 2

FACTS

A registered male teacher was alleged to have failed to maintain appropriate professional boundaries in the student/teacher relationship by maintaining overly familiar relationships with three female upper primary level students all of whom were in his class at the time. The misconduct alleged involved the exchange of inappropriate emails and gifts. The Registrar issued a Complaint against the respondent teacher alleging unprofessional conduct. The respondent did not appear before the Board and made no admissions.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a reprimand and suspended from the Register of Teachers with immediate effect. He was ordered to complete to the Board’s satisfaction a tertiary course in Professional Ethics or Ethics in Education related to the maintenance of proper boundaries in the student/teacher relationship.

TRB 2011/3 - 3

FACTS

A formerly registered male teacher was alleged to have engaged in conduct in the nature of sexual harassment towards two female members of his extended family over a lengthy period of time during their formative years. The Registrar issued a Complaint against the former teacher alleging unprofessional conduct. The respondent appeared before the Board. He denied the allegations.

FINDINGS

This matter was part-heard when, due to procedural difficulties, the Complaint was withdrawn by the Registrar upon written undertakings given by the respondent not to apply for registration or accreditation as a teacher in South Australia, any other state or territory of Australia or any overseas jurisdiction. The respondent further undertook not to at any time seek, accept or engage in work as a teacher in South Australia, any other part of Australia or overseas. Both undertakings were given on a permanent basis and copies of the undertakings were circulated to all relevant statutory authorities and relevant employers. The withdrawal of proceedings and the outcome was approved by the Board.

TRB 2011/3 - 4

FACTS

A registered male teacher had a general interest in photography and, among other genres, an interest in taking photos of himself in various nude or semi-nude artistic poses. He also, in his unofficial capacity as school photographer (in two schools), took photographs of various students without their permission and thereby breached their privacy and/or confidentiality. He also negligently mixed the photographs of the students with those in his own personal CD photo gallery. The Registrar issued a Complaint against the respondent teacher alleging unprofessional conduct. The respondent appeared before the Board and was represented by Counsel. He admitted the factual basis for the allegations and that he was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty on two counts of unprofessional (being improper) conduct in relation to, in one case a breach of privacy in taking the photographs, and in the other a breach of confidentiality. The Committee was further concerned that by negligently mixing the photos of the students with his own CD photo gallery collection the respondent had created a risk that anyone viewing his collection might misapprehend his relationship with those students. The Committee accepted that no-one but the respondent had viewed the collection. The Committee determined that there was proper cause for disciplinary action. The respondent was issued with a serious reprimand and fined $1000.00. His ongoing registration was made subject to him continuing to have regular psychiatric reviews, consenting to the provision of medical reports from his treating psychiatrist upon request by the Registrar and agreeing not to act in the role of school photographer in an official or unofficial capacity.

TRB 2011/5 – 5

FACTS

A registered male teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher student relationship when he threw his music stand across the room and used inappropriate physical discipline towards a year eight male student during an extra-curricular music session. The Registrar issued a Complaint against the teacher alleging unprofessional conduct. The respondent appeared before the Board and was represented by Counsel. He admitted to the factual basis of the allegations and that he was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a reprimand.

TRB 2011/5 - 6

FACTS

A formerly registered female teacher was alleged to have failed to maintain appropriate professional boundaries in the teacher/student relationship when she attended an after party following a School Formal. She was alleged to have engaged in activities including drinking, smoking, dancing with students and sexual activity with an eighteen year old male student. The Registrar issued a Complaint against the respondent former teacher alleging unprofessional conduct. The respondent was represented by Counsel. She admitted the factual basis for the allegations and that her conduct was unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a serious reprimand and disqualified from being registered as a teacher until further order of the Board.

TRB 2011/6 – 7

FACTS

A registered female teacher was alleged to have inappropriately restrained two junior primary children on separate occasions and to having tapped three other junior primary children lightly on the head with a paperback book on one occasion. The Registrar issued a Complaint against the respondent teacher alleging unprofessional conduct. The respondent appeared before the Board and was represented by Counsel. The respondent admitted the factual basis for the Complaint and also that she was guilty of unprofessional conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of three counts of unprofessional (improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a reprimand and further ordered to attend and successfully complete a tertiary course of study on “Ethics in Education” which addressed current ethical and protective practices on the issue of appropriate boundaries in the professional student/teacher relationship in a school, or school related, context.

TRB 2009/9 - 4

FACTS

The respondent, a formerly registered teacher, was convicted of two counts of indecent assault and one count of unlawful sexual intercourse involving a female child. He was sentenced to four years and three months imprisonment with a non-parole period of two years. This sentence was suspended on the respondent entering into a bond to be of good behaviour for two years and with various conditions attached regarding counselling and rehabilitation. The Registrar issued a complaint against the respondent alleging unprofessional conduct. The respondent neither admitted nor denied the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper and disgraceful) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher on a permanent basis (s35 (2) (d)).

The reasons for decision stated that “such a sanction had to be imposed to protect children and to continue to uphold high standards of conduct in the teaching profession.”

TRB 2009/9 - 5

FACTS

The respondent, a formerly registered teacher, was convicted on five counts of taking part in the sale of cannabis. He was sentenced to four years and three months imprisonment with a non-parole period of one year and nine months. The Registrar issued a complaint against the respondent alleging unprofessional (being improper and disgraceful) conduct and that the respondent was not a fit and proper person to be a registered teacher. The respondent admitted to the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher until further order (s35 (2) (d)). The reasons for decision stated that appropriate sanctions were needed to deter others from engaging in such misconduct, to establish and maintain appropriate standards of behaviour for teachers, to promote public confidence in the profession and to provide an assurance of safety for students.

TRB 2009/10 - 6

FACTS

The respondent was a currently registered teacher who was alleged to have been involved in placing concealed cameras in the bedroom and bathroom of an adult female for the purposes of indecently filming her. It was alleged that this conduct had been conducted over a four year period without the knowledge of the victim. The Registrar issued a complaint against the respondent alleging unprofessional conduct and unfitness to be a teacher. The respondent admitted to the factual basis of the allegations and that he had been guilty of unprofessional conduct. His explanation for such conduct was that the female involved had mental health issues which needed to be monitored.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both improper and disgraceful) conduct and determined that there was proper cause for disciplinary action. The respondent’s registration as a teacher was cancelled with immediate effect. The reasons for decision stated that such conduct fell into the very serious category of unprofessional conduct and warranted exclusion from the profession. Further, such a sanction was necessary to maintain high standards of behaviour in the teaching profession and to provide an assurance of safety in the public interest.

TRB 2009/11 - 7

FACTS

The respondent was a currently registered teacher who had been convicted of indecently filming an adult female in her bedroom/shower over a one month period. He was sentenced to a twenty-one day prison sentence which was suspended upon him entering into a good behaviour bond of thirty months duration. The Registrar issued a complaint alleging unprofessional conduct and unfitness to be a teacher against the respondent. The respondent admitted the factual basis for the allegations and that he was guilty of unprofessional conduct. His explanation for his conduct was that he was attempting to gain evidence of illegal activities.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional conduct (being both improper and disgraceful) conduct and determined that there was proper cause for disciplinary action. The respondent’s registration as a teacher was cancelled with immediate effect. The reasons for decision stated that such conduct fell into the very serious category of unprofessional conduct and warranted exclusion from the profession. Further, such a sanction was necessary to maintain high standards of behaviour in the teaching profession and to provide an assurance of safety in the public interest.

TRB 2009/12 - 8

FACTS

The respondent, a formerly registered teacher, was convicted of three counts of carnal knowledge involving a female student. The offending occurred in 1972/3 when the respondent was aged thirty-four years. It involved a student in the respondent’s class and whom he also tutored. The respondent was sentenced to four years imprisonment with a twenty month non-parole period, suspended upon him entering into a good behaviour bond. The Registrar issued a complaint against the respondent alleging unprofessional conduct. The respondent admitted the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being both disgraceful and improper) conduct and determined that there was proper cause for disciplinary action. The respondent was disqualified from being registered as a teacher permanently (s35 (2) (d)). The reasons for decision stated that although the respondent was retired it was considered necessary to apply a sanction to maintain proper standards of conduct in the teaching profession.

TRB 2009/12 - 9

FACTS

The applicant teacher had been the subject of an earlier Disciplinary Committee hearing into certain conduct which arose in the course of his employment as a teacher. He had been found guilty of unprofessional conduct involving being under the influence of alcohol at a school camp and engaging in inappropriate conversations of a sexual nature with students. He was further found guilty of rolling a cannabis cigarette and offering it to other teachers. The respondent (as he then was) admitted to all the allegations and a disciplinary sanction was imposed by the Disciplinary Committee and adopted by the Board. The respondent was reprimanded, his registration was suspended, and he was ordered to undertake and successfully complete a course of study in current and ethical practices in relation to sexual harassment and appropriate boundaries in the teacher/student relationship.

The applicant, when he had successfully completed the appropriate course of study (as agreed with the Registrar), applied to have the suspension lifted. He gave assurances that there would be no repeat of the misconduct, expressed his regret in undermining professional standards and stated that he no longer abused alcohol or drugs which had led to his previous misconduct. He also expressed a confidence that his university studies would make a positive difference in his future interactions with any students.

FINDINGS

The Disciplinary Committee accepted the assurances of the applicant and lifted the suspension thirteen months after it was imposed.

TRB 2010/3 - 1

FACTS

The respondent registered teacher was alleged to have engaged in sexual misconduct with two adolescent boys who were aged between twelve - fifteen years at the time of the offending in 1974-76. Such misconduct was alleged to have occurred outside any school context and at a time before the respondent became a teacher. The Registrar issued a Complaint against the respondent alleging unprofessional conduct. The respondent was represented before the Board and admitted to the factual basis for the Complaint. He also admitted that his misconduct on each count was unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of two counts of unprofessional (being both improper and disgraceful) conduct and determined that there was proper cause for disciplinary action. The respondent had his registration cancelled immediately and was disqualified from being registered as a teacher on a permanent basis. In the reasons for decision the Board stated that it did not matter that the respondent’s misconduct occurred before he was a teacher as the Act enabled the Board to inquire into the conduct of a teacher whenever that misconduct occurred as long as the teacher was, or had been a teacher or registered teacher, at some stage.

TRB 2010/6 - 2

FACTS

The respondent registered teacher was alleged to have failed to maintain appropriate professional boundaries in the student/teacher relationship by taking an adolescent female student whom he tutored on a social outing. The Registrar issued a Complaint against the respondent teacher alleging unprofessional conduct. The respondent was represented before the Board and admitted the factual basis for the allegations. He also admitted that his conduct had been unprofessional.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a reprimand. Further, a condition was applied to his registration which required him to successfully complete, at his own expense and to the Board’s satisfaction, a tertiary course in Professional Ethics or Ethics in Education related to the maintenance of proper professional boundaries in the student/teacher relationship.

TRB 2009/5 - 1

FACTS

The respondent, a registered teacher, commenced teaching in 1990 and was first observed to have some difficulties in her teaching practice in 1994. She was subsequently employed across a series of schools over the years and had difficulties with her teaching practice at several of those schools. In 2004 the respondent was placed on a managing underperformance program. There were several interruptions to this program. A final report of the panel in 2006 concluded that the respondent was unable to effectively carry out her duties. The teacher was dismissed in December 2007. The Registrar issued a complaint alleging unprofessional conduct (being incompetence) against the respondent. The allegations were denied by the respondent.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee made a finding of incompetence against the respondent and cancelled her registration. The reasons for decision stated that “it [the Board] had to be satisfied that particular conduct meets the definition of “incompetent” which meant there must be a considerable departure from prevailing standards of professional practice; that it [the evidence of incompetence] must not be merely a one-off, but consistent and sustained over time and seemingly not capable of being remedied so that it affects any future ability to teach and to be entrusted with students.”

TRB 2009/6 - 2

FACTS

The respondent, a registered teacher for a lengthy period, had applied to renew his registration as a teacher in December 2008. Regulation 4(3) under the Teachers Registration and Standards Regulations 2016 required him to complete a mandatory notification course within twelve months of re-applying for registration and to provide evidence of such completion on re-registering. The respondent filed a mandatory notification training certificate, however after an investigation the Registrar issued a complaint alleging that the mandatory notification training certificate had been improperly obtained from another person, altered by the respondent to insert his name and then fraudulently presented with intent to deceive the Registrar into granting the application for re-registration. The respondent admitted the allegations.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a reprimand (s35 (2) (a)), fined $1000.00 (s35 (2) (b)), and suspended from the Register of Teachers for one month (s35 (2) (c) (ii)).

The reasons for decision stated that deliberate dishonesty such as the respondent’s had to be discouraged as it had the potential to seriously undermine the integrity of the teacher registration system.

TRB 2009/6 - 3

FACTS

The registered teacher was alleged to have failed to maintain appropriate professional boundaries in a student/teacher relationship involving a seventeen-year-old male year twelve student whilst she was employed as a teacher at the same school. The Registrar issued a complaint against the respondent alleging unprofessional conduct. The respondent admitted the factual basis of the allegations and that she was guilty of improper conduct.

FINDINGS

At the conclusion of the hearing the Disciplinary Committee found the respondent guilty of unprofessional (being improper) conduct and determined that there was proper cause for disciplinary action. The respondent was issued with a serious reprimand and her registration was made subject to a condition that within the current period of registration, that she attend and successfully complete, at her own expense, a course of tertiary study (to be negotiated with the Registrar) on ethics in education. The course was to have special regard to appropriate professional boundaries in the student/teacher relationship. The reasons for decision refer to a case of Davidson v Victorian Institute of Teaching 2007 VCAT 920 which is authority for the proposition that a teacher is always in a position of trust and “cannot be the best friend of adolescent girls, or boys…a teacher of minors is always an adult relating to children, never to equals…in interacting with children a professional distance must always be maintained.”