Teacher disciplinary action for inappropriate communication
The following is a summary of a recent decision made by the Queensland Civil and Administrative Tribunal (QCAT) regarding a Queensland teacher’s registration. All names have been removed.
The full decision can be viewed on the Supreme Court Library Queensland website .
QCAT recently determined a ground for disciplinary action existed against a teacher with nearly 18 years’ experience after they engaged in inappropriate online communication with an underage student.
In October 2021, the 40-year-old high school teacher had accessed an adult dating app and began speaking to someone who they later discovered to be an underage student at the school they taught.
The student had accessed the dating app – purporting to be 21 years old – while they were at the high school, and interaction with the teacher began.
Neither the teacher nor student knew the identity of the other during the initial interaction; however, after days of sexualised messaging between the two, images sent by the teacher revealed their identity to the student. The student informed the teacher they were 15 years old.
The teacher responded by asking when they would turn 16, to which the student informed them it was the following month. The teacher continued interacting with the student, including initiating inappropriate names for each other, sending an explicit image of their genitals, messaging about sexual preferences, and attempting to arrange a time to meet.
The student informed their parents, school staff and the Department of Education about the messages. Police became involved and charged the teacher with a serious offence (using internet to procure children under 16). However, a decision was later made by police not to proceed with the charge in court.
In the QCAT disciplinary proceedings, the teacher acknowledged their behaviour did not satisfy the standard generally expected of a teacher. They expressed remorse and accepted full responsibility for their actions.
In establishing that a ground for disciplinary action existed, QCAT outlined several aggravating factors, including: the teacher had nearly 18 years of teaching experience; their messages revealed a lack of insight of Child Protection Principles that are part of annual mandatory staff training; they were willing to engage in sexual inuendo with an underage child; and, after becoming aware who the student was, they still sent an explicit image.
QCAT determined the appropriate sanction was to impose a period of 3.5 years from the date of the teacher’s original suspension, prohibiting them from reapplying for teacher registration.
QCAT also ordered that a notation be entered on the register that should the former teacher reapply, they must demonstrate that they have undergone psychological assessment and provide evidence of satisfactory completion of a ‘Professional Practice and Professional Boundaries for Teachers’ course.
Glossary of terms
Serious offence charge: If a teacher is acquitted of a charge, the charge is withdrawn, dismissed, or discontinued, the QCT must still refer the matter to QCAT under the Education (Queensland College of Teachers) Act 2005 to determine if there is a ground for disciplinary action against the teacher.
Suspension:In certain circumstances the QCT may suspend a teacher's registration. Suspension means a teacher is unable to teach in a school while suspended.
Background
The QCT refers serious practice and conduct matters to QCAT.
QCAT makes decisions on the matters, including any disciplinary action to be taken against a teacher. The QCT enacts these decisions.
QCAT is an independent tribunal that resolves disputes on a range of matters and is part of the Courts and Tribunals division within the Department of Justice.
Visit the QCT practice and conduct matters webpage for more information about our role in the process.