Conduct - Full hearing - Peter Parfitt

Definitions

Any reference in this decision to:

• “GTC Scotland” means the General Teaching Council for Scotland;
• the “Panel” means the Fitness to Teach Panel considering the case;
• the “Rules” (and any related expression) means the GTC Scotland Fitness to Teach Rules 2017 or refers to a provision (or provisions) within them; and
• the “Register” means the GTC Scotland register of teachers.
• ‘IOG’ means the Fitness to Teach Conduct Cases – indicative outcomes guidance practice statement;
• the ‘Register’ means the GTC Scotland register of teachers; and
• ‘COPAC’ means the Code of Professionalism and Conduct 2012

Preliminary issues

The Teacher was not present or represented at the hearing. The Presenting Officer made submissions and invited the Panel to proceed in the absence of the Teacher. She submitted that it was necessary and proportionate to proceed in the absence of the Teacher. She submitted that the Teacher had confirmed that he would not be present and had chosen to absent himself. She submitted that he had received the Notice of Hearing and that he had made no request to adjourn the hearing. Furthermore, he had indicated that he did not want to participate and had disengaged from the process. It was submitted that the allegations were serious and that it would disadvantage the Council and the Council’s witnesses if there was an adjournment. It was submitted it was in the public interest to proceed.The Panel decided to proceed in the absence of the Teacher at Stage 1 of the proceedings.

The Panel noted that service of the Notice of Hearing had been effected in terms of Rule 1.7.8. The Teacher had responded to indicate that he did not wish to attend and that he wanted to disengage from the process. The Panel decided that, even were they to adjourn, there was no evidence to suggest that this would secure the Teacher’s attendance. The Panel decided that the Teacher’s absence was voluntary and that it was in the public interest and the Teacher’s interest for the matters to be dealt with to avoid further delay.

At Stage 2 of the proceedings, the Presenting Officer made submissions that the hearing should continue in the absence of the Teacher for the same reasons as above. In addition, she submitted that the Teacher was aware of the dates of the hearing and could have at any time during the hearing chosen to participate. He did not choose to participate and it was submitted that his absence was voluntary. The Panel decided for similar reasons as set out above to proceed to Stage 2 in the absence of the Teacher.

Allegations

The following allegations were considered at the hearing:

1. Between August 2019 and July 2022 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did:
   
   • (a) demonstrate favouritism to Pupil A by providing her with musical opportunities he did not give to anyone else;
   • (b) ask Pupil A personal questions and make comments about her relationship outside school, including:
     
     • (i) ‘how’s the boyfriend’ or words to that effect;
     • (ii) ‘are you guys still together?’ or words to that effect;
     • (iii) ‘oh [Pupil A] you’ve got two boys going on at the same time’ or words to that effect;
   • (c) email Pupil A’s mother to ask her if she knew about Pupil A’s boyfriend;
   • (d) give Pupil A Christmas presents and cards;
   • (e) grab Pupil A’s waist in the school corridor;
   • (f) hug Pupil A on separate occasions;
2. In or around March 2020, whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did:
   
   • (a) ask Pupil A for ‘one last hug’ before Covid lockdown or words to that effect;
   • (b) fail to release Pupil A from the hug when she wanted him to do so;
   • (c) continue to embrace Pupil A with his hand on her waist;
   • (d) cry in Pupil A’s arms; and
   • (e) make comments to Pupil A such as he would ‘miss her’ and/or was ‘sad he was not going to see her’ or words to that effect.
3. Between March 2020 and June 2020 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did:
   
   • (a) privately message Pupil A during lockdown via Google Chat with messages including:
     
     • (i) ‘did you get my last text’;
     • (ii) State that he missed Pupil A;
     • (iii) State that he missed seeing Pupil A’s face;
     • (iv) Add kisses to the end of messages he sent to Pupil A;
   • (b) ask Pupil A if she wanted to drop work off at his house;
   • (c) phone Pupil A’s mother on her personal phone to ask how Pupil A was;
   • (d) ask Pupil A to show her face more on Google Chat;
   • (e) state to Pupil A that he missed her at the end of lessons on Google Chat;
4. Between March 2020 and July 2022 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did:
   
   • (a) make Pupil A take her mask off at school during Covid restrictions and did not maintain a safe distance; and
   • (b) tell Pupil A on multiple occasions that he would listen to exam musical recordings she had made and cry.
5. In May 2021 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did:
   
   • (a) cry during an online lesson when Pupil A told him she was not taking advanced Highers;
   • (b) state to Pupil A ‘have you thought about me in this situation and how it would affect me?’ or words to that effect;
6. In or around May 2021 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen following Pupil A advising the Teacher she was not taking her advanced Highers the Teacher did attempt to exert control over Pupil A and did:
   
   • (a) continually ask Pupil A to sing at events;
   • (b) continually attempt to attract Pupil A’s attention in school corridors;
   • (c) continually attempt to get Pupil A to go the music room to talk to him; and
   • (d) make a comment to Pupil A along the lines of ‘after everything I’ve done for you, why can’t you just do this one thing for me’ or words to that effect.
7. Between 15 November 2021 and 21 November 2021, whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did:
   
   • (a) approach Pupil A in the school library and said ‘Why haven’t you responded to my emails?’ or words to that effect, in an aggressive tone;
   • (b) make a fist and pretend to punch Pupil A in the face;
   • (c) state to Pupil A words to the effect: ‘you are being so difficult right now [Pupil A]’ or words to that effect;
   • (d) make Pupil A leave a maths class to go and speak to him further about the musical civic event;
   • (e) shout at Pupil A when she told him she could not do the event;
   • (f) offer Pupil A money and a lift in his car if she would participate in the event;
   • (g) state to Pupil A that ’just think about it, you’ve got to think about it [the event]’ or words to that effect;
8. On 4 May 2020 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did send Pupil B emails which stated:
   
   • (a) ‘ha-ha you are funny! My favourite pupil’ and
   • (b) ‘miss you – hope you are keeping busy’.
9. On 31 March 2020 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did send Pupil B an email which stated ‘Hi [Pupil B] - missing you but didn’t want to say on Google chat’.
10. Between 8 May and 12 June 2020 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did send Pupil B emails or texts including but not limited to the following:
    
    • (a) ‘#favepupil’;
    • (b) ‘Missing you lots – what is your favourite dinner?’ and
    • (c) ‘Take care x’.
    • (d) ‘Take care and stay in touch – I love hearing from you; and
    • (e) ‘You too my fave girl’.
    • (f) ‘I would like to have my favourite pupil at the very beginning of the next one’;
    • (g) ‘Miss you too…..so much’;
    • (h) ‘But Sshhh – don’t tell anybody yet’.;
    • (i) ‘Please help me to stay sane’
    • (j) ‘Morris dancing – that I would like to see!!! Are you going to have bells on your ankles? I miss you [Pupil B]’
    • (k) You and music are the things I’m missing most at school
    • (l) ‘How is your lockdown going? You were in my dream, last night’;
    • (m) ‘shall we stay in touch as much as possible, my favourite former pupil’
    • (n) ‘When you are a real former pupil I hope we can still stay in touch’
    • (o) When you are an actual former pupil we can use whatsapp or text to keep in touch if you are comfortable with that’ and
    • (p) ‘Please do – I love being in touch with you’.
    • (q) ‘I will have to come and visit when I’m in Edinburgh’
    • (r) ‘I will make sure that I do. Take you out for lunch or something’.
    • (s) ‘I am going to log off soon and pour a glass of wine its Friday’
    • (t) ‘I will send you a message if I log on here over the weekend. In three weeks term will be over….’
    • (u) ‘I know. You will no longer be a school pupil then’
    • (v) ‘Just listened to your movie in my mind – it made me cry. Miss you’
    • (w) ‘lovely to her from you my FP’
    • (x) ‘Miss you’
    • (y) ‘you always look so natural and happy on screen’
    • (z) ‘Miss you. Big Hug’.
    • (aa) ‘I hope you can find something to upload which is whore free’; and
    • (bb) ‘And no screwing please’.
    • (cc) ‘if You let me have your mobile number - once the school term is over we can communicate, that way. You are an adult and no longer a pupil - but I understand if you choose not to. Whether you make your parents aware is your choice.'
11. Between 25 June 2020 and 23 December 2020, whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did send Pupil B text messages via Whatsapp including but not limited to:
    
    • (a) Between 25 June 2020 and 29 June 2020:
      
      • (i) ‘Messages and calls are end-to-end encrypted. No one outside of this chat, not even WhatsApp, can read or listen to them’;
      • (ii) ‘Hi [Pupil B] This is [the Teacher]. Thank you for your number. You are no longer a St Meg's pupil. I really enjoyed the end of term assembly and the leaver's ceremony. Thank you for your part in it. Cheerful and upbeat as always!! Are you happy to forget the chatroom and stay in touch this way?’;
      • (iii) ‘It brought me to tears too! Have a good day in the sunshine my favourite former pupil and talk later!’;
      • (iv) ‘How does it feel to have left school? I now have a glass of wine!! Enjoy your evening. X’;
      • (v) ‘I hope I will see you before then but it all depends on things beyond our control. I am glad you enjoyed the ceremony. The real one will be even better for having had to wait! X’;
      • (vi) ‘Aw [Pupil B]. I have just watched it. It has made me cry. Thank you. It's brilliant. It was such a great week. Are you comfortable communicating with this method? I am. X’;
      • (vii) ‘Sweet dreams [Pupil B]. Lovely to be in touch. ’;
      • (viii) ‘Hi [Pupil B]. Have a good day. X’;
      • (ix) ‘Yes thanks. Although I had a big lie in!! ’;
      • (x) ‘Hi [Pupil B]. How are you? What are you up to today? I miss you. X’;
      • (xi) ‘Ah. Enjoy your time with your friend. Do I know her? It's lovely to be in touch with you.’;
      • (xii) ‘Good morning [Pupil B]. Have a lovely day. ’;
      • (xiii) ’I am good thanks. Lovely to hear from you. Raining here today. Which river? I walked in Seaton Park on Friday behind St Machar's Cathedral. Along the River Don for part of the way. ’;
      • (xiv) ‘Ha ha. You are such fun. Love talking to you. I am good thanks. Sitting on my sofa. X’
      • (xv) ‘You sang [redacted] in St Machar's Cathedral for me. It was so beautiful and I was so proud of you. X’;
      • (xvi) ‘I feel really close to you. You have been such a beautiful girl to teach. X’;
      • (xvii) ‘I think it will be a while before we can gather together again as a group. I am so happy that you were the last girl to sing [redacted] for me and that you were the best at it. And I mean that. X’
      • (xviii) ‘Ah. Favourite pupil. By miles!! I remember you joining in IS. Then you changed your options to music. I was very happy about that. X’;
      • (xix) ‘Sweet dreams [Pupil B]. Here whenever you want to talk. Have a good Monday. X ’;
      • (xx) ‘Good morning [Pupil B]. Hope you have a lovely day. Maybe a lie in!! ’;
      • (xxi) You too fave girl. X’; and
      • (xxii) ‘Sweet dreams [Pupil B]’.
    • (b) Between 2 July 2020 and 10 July 2020:
      
      • (i) ‘Hi [Pupil B]. Hope you are having a good day. ’
      • (ii) ‘Please don't share my number with anyone else from school’
      • (iii) ‘I am good. How are you? I would prefer for other girls not to know that we have this connection. Can you understand that?’
      • (iv) ‘Does anyone know?’
      • (v) ‘It's fine. I just would not want our friendship to be misinterpreted.’
      • (vi) ‘I like being in touch with you. And we both understand the relationship we have established over the last 6 years but other people might think it's strange. If you would prefer not to be in contact I understand that. But I enjoy your company in a perfectly harmless way. As I always have done. Can you understand my position?’
      • (vii) ‘I would like to be in touch too. I have no problem with your parents knowing. But not your peers please. ’
      • (viii) ‘Good. It feels special to be in touch with you. I am not in touch with other leavers.’
      • (ix) ‘But you have been my favourite pupil for a long long time!! ’
      • (x) ‘And I know that I shouldn't say that. But you have brightened up so many days for me! X’
      • (xi) ‘Aw [Pupil B]. You are the best!! X ’
      • (xii) ‘You actually don't have to call me that anymore’
      • (xiii) ‘But you can if it makes you feel comfortable. That is the most important thing. Up to you. But I am no longer your teacher so you can address me as you like. You are now an adult. You can make your choices’
      • (xiv) ‘Hi [Pupil B]. Glad you enjoyed it. Hope you are doing ok. I miss you’
    • (c) Between 4 August 2020 and 18 August 2020:
      
      • (i) ‘Congratulations to my favourite pupil. I am proud of you. Well done [Pupil B]. Straight As all the way through for music. You are a [emojis indicating star, musical notation and winking face]’
      • (ii) ‘Well done [Pupil B] My favourite former pupil of all time. You got what you deserved. All girls at N5, H and AH got As for music. That is 9 years out of the last 12 that we have got all As, and all As at AH for 14 years running!! Thanks to little stars like you well done. Stay in touch’
      • (iii) ‘The fact that you came back to re-record your prelim performances just before lockdown was so important. Without that you wouldn't have been awarded an A grade. Well done and thank you. Please keep this information to yourself. It's totally legitimate that you did but I shouldn't be telling you about it.’
      • (iv) ‘Congratulations to my [Pupil B]. I have been in the garden today cutting my grass. Also reading the complete works of Sherlock Holmes. I miss you. It would be lovely to see you but we have another local lockdown imposed. I hope you and your family are safe and well. ’
      • (v) ‘Ah. So exciting equipping yourself. Are you self-catering / flat sharing? When are you off?? And thanks for being such a fabulous pupil. It's going to be strange in school without you. I am used to you being there and always being so happy and cheerful and willing and sincere and funny. ’
      • (vi) ‘Hi [Pupil B]. I too hope you find your inner chef!! You are so funny. I am missing my queen of the quotes...... Your accommodation sounds great, I just hope you have considerate flat mates. I am enjoying being back and it is lovely to teach in the classroom again, even if it is all socially distanced. I sent the videos to your mum. I hope you have been able to see them. I'll keep sharing school news if you like. It's so lovely to be in touch with you. '
      • (vii) ‘Hi [Pupil B]. Lovely to hear from you. I have been deputising for you as the "quote queen" as there is such little movement around the school. You wouldn't recognise it, but we are making it work. No jotters or hand outs. Everything is electronic on Google this and that. No extra curricular music. I am moving to IS and IIS form rooms to teach them. No practical music. No school lunches. No VIS flat. Masks being worn by everybody when moving around. 35 minutes per period to allow for teachers to sanitise every desk and chair and surface which has been used before the next class can come in. Staggered entry and departure times for different year groups. Anyway, at least we are all safe and back together. I miss you. I am excited for you for the next stage of your life. I know that you will be immediately very popular, hard working, successful and so brilliant. I know that you will be so enthusiastic and will make the most of it. I know that you will be the perfect role model for others. You were such an amazing pupil. The perfect St Margaret's girl. One of the very best in my 33 years of teaching. Stay in touch. I am always on your side. I will always help you if I can. Please give my regards to your parents. My favourite pupil!!’
    • (d) Between 6 September 2020 and 25 September 2020:
      
      • (i) ‘Hi [Pupil B]. Your first night of independence. I remember my first night away from home, at university. Exciting but scary. Please know that I know how that feels. I will always be there for you. In the most appropriate way. You were such an amazing pupil. Anybody else who gets to teach you is so lucky. I wish you all the best. And I am always here for you. Just stay in touch. Big hug. My [Pupil B]. X’
      • (ii) ‘Hi [Pupil B]. Thank you for your lovely email. I know that it must have been a wrench leaving home. But the time has come!! Time to enjoy the next stage of your life. I miss you in school but happy that you have met up with friends from your past. I hope you enjoy the course. School is so different. Assemblies every day but just with one year group at a time, spaced out in the gym. One way systems around schools. Lots of things not allowed. No Chamber Choir or Hockey club. No school lunches. No kettles, toasters or microwaves allowed. Half of the girls down the road in a different building. Staff going to and fro. Lovely to be in touch with you. Happy to text anytime you like, day or evening, especially if you are feeling fragile. I will always want to support you, my favourite former pupil EVER. X’
      • (iii) ‘Hi [Pupil B]. How's it going? How is your first weekend away from home. I am always here for you if you want to chat. I hope you haven't been living on pizza this week. Miss you in school. X’
      • (iv) ‘Hi [Pupil B]. My most favourite former pupil. I was very happy to hear your news. I am glad that you seemed to have settled in so quickly and have made new friends and reassociated with former friends. Also pleased that you are not living on take away pizza!! You are such a wonderful and friendly soul so it's no surprise to me that you have made friends. Things at school are different, but fine. Better than teaching online. I have taken over your role as quote queen. I am even worse at it than you!! My classes are fine. We actually have so many girls in IIIS for music that they are in two sets. That has never happened before!!!! Please stay safe beautiful [Pupil B], take care and stay in touch. I miss you. There is a second wave of this horrible virus coming. Please take care and stay safe and follow the rules. X ’
      • (v) ‘Hi [Pupil B]. I am so sorry that you are not able to go home for weekend visits at the moment. Things are so miserable. I am always here if you want company. My favourite former pupil. I will support you if you need it. Big hug. Miss you. ;
      • (vi) ‘Missing you’.
    • (e) Between 1 October 2020 and 28 October 2020:
      
      • (i) ‘Hi [Pupil B]. So lovely to hear from you and get your epic message. Busy now. I will reply properly tonight if it's not too late or if it is I will reply tomorrow or over the weekend. So lovely to hear from you. Sorry your life at university is so curtailed. Big hug’
      • (ii) ‘Not sure if this is too late to reply to your message properly..... Stay safe [Pupil B]. I miss you lots. ’
      • (iii) ‘Hi [Pupil B]. Are you there? Confined to barracks? Working hard on a Friday night? Miss you. ’
      • (iv) ‘[Pupil B]. I hope you are ok. Sorry that your university career is off to such an unusual start. I am always here for you. My favourite former pupil. X ’
      • (v) ‘Hi [Pupil B]. Thank you so much for your lovely message. I am happy for how excited you sound and I will respond properly tomorrow. I miss you loads and loads. ’
      • (vi) ‘Hi Lovely [Pupil B] . So good to hear from you and I miss you too. You sound so excited and upbeat and cheerful. Why doesn't that surprise me!! Things at school are ok. Still different. We are having a mini speech day on Friday to give prizes and awards to those girls still in school who missed out in June. The new premises are working well and we now have some string ensembles started. I hope your parents and family are ok. You have just been locked down again in terms of pubs and restaurants. I am sorry for you. It's a terrible start to university life. Big hug and stay in touch. You were actually the last person I hugged on the last Friday of school back in March. In fact you were the last human being I have touched in any capacity for the last 7 months. The SQA are being rubbish. All N5 exams are cancelled and there is no assignment or composition for Highers or AH. And performance times have been reduced. And there is far too much Google in my life. Miss you. Stay in touch [Pupil B]. I am proud of you. You will always be successful because of the person who you are. ’
      • (vii) ‘Hi [Pupil B]. Thank you for your lovely message. Talk soon. I will message you later when I am free or tomorrow. Miss you. Lots. Stay safe please. I would hate for you to get sick. ’
      • (viii) ‘Hi [Pupil B]. Are you free to message? Thinking about you. Miss you in my classroom. You always lit up the place. So special. ’
      • (ix) ‘Hi [Pupil B]. I wish you were here. ’
      • (x) ‘Hi [Pupil B]. Thank you for your lovely long message. How are you? How is your course? Are you having any proper teaching or is it all online? Are you able to use the kitchen again yet? Are you stuck on campus or can you go into [redacted]? School is fine thanks. It was a challenge to get up and go in on Monday after 2 weeks holiday but I am back in the swing of it now. We are planning a socially distanced St Margaret's day celebration in the hall for VIS. No singing allowed. Very different from last year when you did that beautiful plainsong singing for me in the cathedral. You were so good at it. I miss you. I hope your parents and sister are ok. Big hug lovely [Pupil B]. My favourite former pupil EVER. Happy Halloween. ’
    • (f) Between 16 November 2020 and 29 November 2020:
      
      • (i) ‘Hi [Pupil B]. I am glad to hear that you are enjoying your course. I hope you are safe and well and that your family are well too. Glad you are able to be home for Christmas. I miss you. Can't believe that it is so long since I saw you. My job has changed so much. I am now doing Chamber Choir online. St Margaret's day online. And creating online videos and presentations. Hate it. Teaching is so different with all the social distancing and sanitising. [Teacher’s colleagues] are all retiring in June. I am wondering if I should go and find something else to do too. Miss you lots. Hope you are safe and happy. My cheerful and wonderful Pupil B. . You made my life so happy and interesting when you were at school. Never a dull moment!!!! ‘Not sure if this is too late to reply to your message properly..... Stay safe [Pupil B]. I miss you lots. ’
      • (ii) ‘I will miss your plainsong singing on Friday. You did it so well. I was so proud of you. ’
      • (iii) ‘Hi [Pupil B] Lovely to hear from you. How are you doing? How is your course? Are you getting proper tuition or is it all online. Are you locked down. I miss you too. Favourite former pupil. ’
      • (iv) ‘Hi [Pupil B]. Hope you are well. When are you coming home? It would be lovely to do a zoom meet and catch up with you properly. I have really missed you in school. I am thinking seriously about leaving. Really not enjoying it. Please keep this to yourself.’
    • (g) Between 9 December 2020 and 22 December 2020:
      
      • (i) ‘Hi [Pupil B]. Are you OK’
      • (ii) ‘Hi [Pupil B]. Thank you so much for your message. Lovely to hear from you. I thought I had offended you. It's late now so I will text you tomorrow. ’
      • (iii) ‘[Pupil B], I would love to have a zoom call with you. Tell me when. ’
      • (iv) ‘So much to talk about. X’
      • (v) ‘Hi Pupil [B]. Are you free tomorrow late afternoon / early evening?’
      • (vi) ‘Perfect. I will be doing schoolwork from 3 until about 7 so you choose. Really looking forward to seeing you and hearing your news. ’
      • (vii) ‘Pupil [B]. Sorry. Running late. Will let you know when I am back home. Give me 20 mins. ’
      • (viii) ‘Hi [Pupil B] Ready when you are. Will you initiate a zoom call?’
      • (ix) ‘OK. Will you send me a link to my school email? Can't wait to see you. ’
      • (x) ‘I can see your invitation but it is not working......’ and
      • (xi) ‘So lovely to hear from you and see you again’.
12. On 22 December 2020 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did make Pupil B participate in a Zoom call with him against her wishes.
13. On an unknown date in 2012, whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did state to Pupil C ‘I will be your father tonight’ or words to that effect, when her dad could not attend a concert.
14. In December 2013, whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did hug Pupil C on several occasions following concerts and at school.
15. On an unknown date in 2013, whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did cry and hug Pupil C.
16. Between 9 September 2015 and 24 September 2015 whilst employed as a teacher at St Margaret’s School for Girls, Aberdeen the Teacher did:
    
    • (a) Send the following text messages to Pupil C:
      
      • (i) ‘Bad girl. Alcohol dehydrates your vocal cords. It does a lot of other pleasant things!’;
      • (ii) ‘You are an adult now so that is your decision. I would ask however that you do not share this with your peers, as some of those are not yet adults and some are still my pupils. Can I trust you not to put me in a difficult position. I love my job and have no intention of compromising it causing embarrassment to St Margaret's. I would like to spend legitimate time with you now that you have left, but not if it becomes a topic of gossip and conversation. Do you understand?’;
      • (iii) ‘You are an adult and not my pupil. Just promise me you will be discreet around current present and even former pupils. X’; and
      • (iv) ‘Excellent I shall probably take an apartment rather than use a hotel so you could stayover if you wanted not to get late trains back Xx’.
17. The Teacher’s actions at allegations 1-16 were sexually motivated.

In light of the above, it is alleged that the Teacher’s fitness to teach is impaired, and he is unfit to teach as a result of breaching Parts 1.2, 1.3, 1,4, 1.6 and 2.3 of the General Teaching Council for Scotland’s Code of Professionalism and Conduct (COPAC) 2012.

Teacher’s admissions

The Teacher was not in attendance to the hearing and therefore no allegations were admitted.

Hearing papers

In accordance with Rule 1.7.17, the Panel admitted all the documents and statements listed below as evidence for the purposes of the hearing:

Presenting Officer’s hearing papers

1. Presenting Officer’s Case Form, dated 20 November 2025
2. Employer’s referral form, dated 14 February 2022
3. Teacher’s response to Notice of Investigation, dated 29 March 2022
4. School investigation report, undated
5. Police Statement Pupil A, dated 12 April 2022
6. Police Statement Pupil C, dated 31 May 2025
7. Police Statement, mother of Pupil A, dated 11 May 2022
8. Police statement Pupil E, dated 31 May 2022
9. GTC Scotland witness statement Pupil A, dated 3 August 2023
10. GTC Scotland witness statement Pupil B, dated 16 May 2024
11. Police response letter, dated 7 February 2024
12. COPFS email stating no case to answer, dated 16 December 2024
13. Messages sent by Teacher to Pupil B, various dates
14. Teacher’s response to interim report, dated 6 July 2025
15. Teacher’s response to final report, dated 22 September 2025

Teacher’s hearing papers

1. Teacher’s Case Form, undated

Servicing Officer’s hearing papers

1. Notice of Full Hearing, dated 12 May 2026 with cover email and delivery receipt
2. Teacher’s response to Notice of Full Hearing, dated 15 May 2026
3. Teacher’s email to SO, dated 26 May 2026
4. Remote Hearing/Vulnerable Witness decision, dated 4 March 2026

Summary of oral evidence of Pupil A and Pupil B:

Witness 1 - Pupil A

Pupil A updated her GTC Scotland witness statement and clarified that she has now finished university and is about to start work. She also clarified that when she said that “we miss you too” (the Teacher), she was meaning collectively as a class as she wanted to depersonalise the conversation. With that clarification, Pupil A adopted her GTC Scotland witness statement as her evidence.

Pupil A confirmed that her statement to the police and to the local authority in the bundle were accurate although she believed that there would have been more communications between her and the Teacher in addition to those in the bundle.

Pupil A stated that she became a pupil of the Teacher in S2. Within two months of joining the school in S2, Pupil A was invited by the Teacher to join the Chamber Choir. She felt that was very unusual as normally you had to have been part of the music department for a few years and had to go through an audition. She was also invited by the Teacher to join the Bach choir which was not part of the school and was an adult choir. She explained that she began to realise she was being given opportunities that other, more talented musicians, were not being given. For example, she was offered [redacted] when in S3 whereas normally the lead role would go to an older pupil. She was told by other older pupils that it was not normal and that she should be careful. She explained that the Teacher would single her out and tell her he was in the school until 5pm and that she could stay behind. She chose not to stay behind. As Pupil A got older, he would ask her personal questions about a boyfriend she had started to see. He was in a different school. The Teacher saw Pupil A with two boys and told her that she was very busy and had two boys on the go at one time. He would make comments about her having a boyfriend on numerous occasions. The Teacher emailed Pupil A’s mother and mentioned the boyfriend. Pupil A felt these comments were inappropriate and crossed a line. Pupil A received a gift and card signed ‘Peter’ from the Teacher. The other pupils did not and Pupil A felt it was strange especially being signed by ‘Peter’.

As Pupil A got older, the Teacher would touch her more frequently in the corridor. It started with a touch on the shoulder or on the arm but moved on to being grabbed by the waist. When she was between 15 and 17, the Teacher would hug and embrace her. If Pupil A did not go to the music room when the Teacher asked, she felt he would get angry and agitated. Prior to the covid lockdown, the Teacher asked Pupil A for a hug. He embraced her tightly and he became visibly upset and was crying. She kept trying to pull away but was unable to do so. She felt very uncomfortable and burst into tears when she left the room.

During the covid lockdown, class teaching moved to Google Meet and Google Chat. The Teacher engaged in private conversations with Pupil A. No other teacher engaged in private conversations with Pupil A. The Teacher would sign off some of the messages with a kiss ‘x’. He would tell her that he missed her. He offered to give his address to her mother so she could send work to his home address. Pupil A thought that was strange as she could send the work via email if she could not upload it.

During the second covid lockdown the Teacher asked Pupil A to put her camera on despite her having difficulties with wifi. Pupil A explained that due to the poor wifi signal, she would join online meets with her camera off. He also asked her to take her mask off when they were back in school despite it being against government regulations. Pupil A felt confused and fearful by that point as the Teacher had input into her exam grades. She therefore felt obliged to do what was asked of her.

The Teacher told Pupil A on multiple occasions that he listened to her recordings and that it made him cry. Pupil A was concerned about the Teacher and his interactions with her. She told her parents who were also concerned and wanted to tell the school. Pupil A did not want it to interfere with her grades so asked them not to. She decided however that she could not continue after Highers/S5 with having the Teacher teach her and so decided not to take Advanced Higher Music. When she told him of her decision, he was very upset and asked her how she thought that her decision not to take her Advanced Higher would affect him. His interactions with her were putting a huge toll on her and she wanted to have no more to do with the Teacher.

After May 2021, Pupil A had no more music lessons at the school and so should not have had to interact with the Teacher. He, however, chose to engage with her and kept asking her to come into the music department when she was passing. He would speak to her about outside orchestra or music opportunities.

In or around 15 to 21 November 2021, the Teacher asked Pupil A to do some singing at an event outside of school. Pupil A was in the library with other pupils and staff. The Teacher approached Pupil A and asked her aggressively about why she hadn’t responded to an email about an event he wanted her to sing at. She said she could not. He became angry with her. He made a fist and pretended to punch Pupil A in the face. Later Pupil A was told by the receptionist that she had to go and see the Teacher. Pupil A was upset by the interaction. She decided she needed to speak to someone about the situation as she was frightened by his reaction.

Pupil A described the impact of the years of interacting with the Teacher. She was overwhelmed by the engagement and had to take a year out from school before going to university, partly due to uncertainty about what course to do and partly because of the situation with the Teacher. She has been in therapy to come to terms with how she felt she had been treated by the Teacher. She felt he should not have had that dominance over her. She felt very let down by how she was treated by the school when she finally told them what had been going on. She felt dismissed by the school and pushed aside once she had told them what had happened.

Credibility and Reliability of Pupil A:

The Panel found Pupil A to be a credible and reliable witness. Pupil A was consistent in her evidence across the various statements she had given to the local authority, the police and the GTC Scotland. She had no reason to lie and it was clear that the conduct had had a significant impact on her. For example, when recalling the incident when the Teacher quizzed her about having two boyfriends she described how upset she was to think that someone could think that of her. She did not embellish but she did give further details that the Panel accepted as true, for example, she explained that after the Teacher asked her about her boyfriend she felt uncomfortable and therefore asked the boyfriend not to meet her at the school but to wait for her further away. The Panel accepted her evidence as credible.

Witness 2 - Pupil B

Pupil B adopted her statement to the GTC Scotland as her evidence. She confirmed that all the messages in the bundle between her and the Teacher were accurate and exported from her phone and uploaded.

Pupil B was taught by the Teacher from S1 to S6. Music was her favourite subject and before the relationship changed she viewed the Teacher as her favourite Teacher. Pupil B first noticed a change in their relationship prior to the covid lockdown. The Teacher gave her a hug when they were on their own and he kissed the side of her face. The hug was different from the ones in public which would be quick and congratulatory. The hug was tight around her body and when she tried to pull away he kept her close. She felt uncomfortable but tried to brush it off in her mind.

The Teacher, during lockdown, contacted Pupil B privately via Pupil B’s personal email. Pupil B corresponded with the Teacher but she felt increasingly uncomfortable. She felt unable to confide in her peers as she felt they would judge her. She valued her Teacher whilst still at school in S6 and so did not want to tell him to stop. She felt very confused. The Teacher described her as [redacted] and then later as his [redacted].

The Teacher engaged in private messaging with Pupil B. He would add a kiss to the messages and tell her how much he missed her. He stated that, once she was a former pupil, then they could continue to communicate and she could give him her private phone number. When discussing a Miss Saigon song Pupil B was thinking of singing, he commented that she should choose a song which is ‘whore free’ and ‘no screwing please’.

When Pupil B left school in May 2020 the Teacher asked Pupil B for her personal mobile number. She thought it was odd but gave it to him. The Teacher then messaged Pupil B via WhatsApp. He messaged her multiple times each week until December 2020 when she broke down at her parents’ house and she asked the Teacher not to contact her. Prior to that, Pupil B had become increasingly anxious about the constant communication and tried to pull back by not answering. When she did that, he would continue to contact her asking why she hadn’t responded. She felt hounded by the Teacher and increasingly unsure about what to do. She did not want to hurt him but felt increasingly anxious about the situation and felt an obligation to respond to him.

At or around December 2020, the Teacher asked to speak to her on a face-to-face Zoom call. At that time Pupil B was at university. She returned home for the Christmas holidays and agreed to undertake a Zoom call. She was very reluctant but did not know how to say no. She ended the call by using an excuse that she had to cook dinner which was not the case. After the call she burst into tears and finally told her sister and parents. They were shocked about the interactions and helped her to send a message to the Teacher explaining she no longer felt comfortable communicating with him.

The interactions with the Teacher as described above made Pupil B very anxious about seeing him again. She suffers from nightmares about seeing him again. She had a late leavers ceremony at the school in 2022 as a result of the backlog of covid. She was extremely nervous to attend in case she met him at the school. In the event, she was able to attend, as the Teacher was no longer at the school by the summer of 2022.

Credibility and Reliability of Pupil B:

The Panel found witness B credible and reliable. Pupil B explained her experiences of the Teacher from S1 to reaching university. She tended to downplay the situation and was clearly upset by the fact that a Teacher whom she had respected had behaved inappropriately towards her. She did not exaggerate and was a credible and reliable witness.

Findings of fact

The Panel gave careful consideration to all of the evidence presented and submissions made by the parties in making its findings of fact on the allegations.

The Panel had in mind that the burden of proof rested on the Presenting Officer and that the standard of proof required is that used in civil proceedings, namely the balance of probabilities.

The Panel had regard to the GTC Scotland Fact finding practise statement in making its decision.

The Panel accepted the evidence of Pupil A and Pupil B as set out above. The Panel accepted the evidence of Pupil A and Pupil B as contained in their GTC Scotland witness statements. In making those findings above the Panel considered the Teacher’s evidence but did not accept that he was merely offering the Pupils musical and educational opportunities. The Teacher himself accepted that it was inappropriate of him to comment on Pupil A’s boyfriend and the other boy who he had seen her with.

The Panel also accepted the hearsay evidence of Pupil C and Pupil A’s mother. The Panel considered what weight to put on Pupil C and Pupil A’s mother’s evidence.

The Panel decided that it could put significant weight on Pupil C’s evidence. Pupil C had given her evidence to the police in a statement. She had no reason to lie. She described events that had happened many years ago but the Panel did not think that detracted from her reliability as she described one comment, hugs and text messages which were verbatim. She described very similar behaviours by the Teacher as described by Pupil A and Pupil B. Pupil C described having personal difficulties within her family. She described the Teacher stating to her at a concert ‘I will be your father tonight’ or words to that effect when her father could not attend. The Panel decided that was something that would stay with a pupil and that she was likely to have remembered that comment. There was no reason that she would make such a comment up. Pupil C described the Teacher hugging her and crying. The remainder of her evidence was in the form of text messages that were recorded in her police statement verbatim with the time and date recorded. The Panel accepted Pupil C’s evidence as both credible and reliable.

The Panel noted that Pupil A’s mother had given evidence to the police and to the local authority. There was also documentary evidence in the form of an email from the Teacher to the mother. The Panel accepted Pupil A’s mother’s evidence.

The Panel found all of the allegations proved except allegations 3b and 12. In relation to the allegations the Panel found the following:

• Allegations 1 and 2: the Panel accepted- the oral and written evidence of Pupil A in its entirety and therefore accepted that all the allegations set out at Allegations 1 and 2 are proved.
• Allegation 3: the Panel accepted the text messages that were in the bundle at face value and the evidence of Pupil A and so found all of allegation 3 found proved except for allegation 3b. In relation to allegation 3b the Panel did not find evidence to the effect that the Teacher asked Pupil A if she wanted to drop work off at his house. The Teacher offered for Pupil A’s mother to send the work to his house. The Panel decided that those were different matters and therefore did not find allegation 3b proved.
• Allegations 4, 5,6 and 7: the Panel accepted all the evidence of Pupil A and so found the allegations proved.
• Allegation 8, 9, 10 and 11: the Panel accepted the oral and written evidence relating to Pupil B. The Panel therefore found those allegations proved.
• Allegation 12: the Panel accepted Pupil B’s evidence that she felt under huge pressure to participate in the Zoom call with the Teacher but the Panel found that she did accept to participate during text messages. The Panel therefore did not find that Pupil B was made to participate in the zoom call against her wishes.
• Allegations 13, 14, 15 and 16: the Panel accepted the hearsay evidence of Pupil C and found those allegations proved.
• Allegation 17: the Panel considered the question of sexual motivation as follows:

The Panel noted the case of Basson v GMC [2018] EWHC 505 (Admin); General Medical Council v Haris [2020] EWHC 2518 (Admin) and Haris v GMC [2021] EWCA Civ 763. The Panel accepted that where sexual motivation is alleged, there will often be no direct evidence of the Teacher’s state of mind. The presence or absence of sexual motivation must therefore be inferred from the surrounding evidence. In Basson, sexual motivation was described as conduct undertaken either in pursuit of sexual gratification or in pursuit of a future sexual relationship. The Panel accepted that conduct may be sexually motivated where it is undertaken as part of cultivating a relationship which the Teacher intends or hopes will become sexual in the future. The Panel found that the conduct of the Teacher formed part of a progressive course directed toward cultivating increasingly personal and ultimately sexual relationships with Pupil A, Pupil B and Pupil C.

In particular, the Teacher chose to single out Pupil A from her peers and afford her opportunities that were not afforded to others. He would frequently tell Pupil A that he would cry when listening to her recordings of her singing. He also chose to single out Pupil B by referring to her as his favourite pupil. He engaged in private text and email communication with Pupils A, B and C. The Teacher chose to use intimate language for example ‘miss you. Big Hug’ and kisses on the end of the messages. He also chose to use sexualised language when discussing the Miss Saigon song with Pupil B.

The Teacher engaged in prolonged private communication with Pupil B after she had left school and was attempting to move the relationship on to meetings and Zoom calls. The Teacher engaged in repeated physical contact involving touches and hugs with Pupil A, Pupil B and Pupil C which became more intimate by becoming emotional when he cried in their arms. He also shared his concerns and thoughts with the 3 pupils he targeted.

The Teacher asked the pupils to conceal the private nature of their relationships and communications which led the Panel to conclude that the Teacher was aware of the inappropriate nature of the relationships he was developing with Pupil A, B and C. In inviting Pupil C to stay over in an apartment, the Teacher was attempting to move the relationship onto a more intimate relationship. The Panel inferred from all the evidence that the Teacher did gain sexual gratification from the relationships he was developing with Pupils A, B and C. Further, the Panel concluded that he was seeking to develop a sexual relationship with Pupils A, B and C.

Findings on fitness to teach

Given that the Panel found that some of the allegations were proved, the Panel invited the parties to lead evidence and make submissions in relation to the Teacher’s fitness to teach. The Presenting Officer made oral and written submissions. She submitted that given the findings in fact the Panel should find that the Teacher was in breach of COPAC. Further that the shortfalls are not remediable, have not been remedied and given the lack of insight are likely to recur. The Presenting Officer submitted that the Teacher at today’s date is unfit to teach.

No additional evidence was presented to the Panel at stage 2 of the hearing.

The Panel gave careful consideration to all of the evidence presented at Stage 1 and submissions made by the parties in relation to the Teacher’s fitness to teach. The Panel addressed the relevant considerations in relation to fitness to teach, as outlined in the indicative outcomes guidance. The Panel recognised that the fitness to teach test is a current one. The Panel asked themselves if the Teacher’s fitness to teach is impaired as of today’s date. The Panel considered the following steps:

(a) Did the Teacher’s conduct or competence at the time of the incident(s) fall short of the expected professional standards?

The Panel found that the Teacher’s conduct at the time of the incidents fell short of the expected professional standards in particular Parts 1.2, 1.3, 1.4, 1.6 and 2.3 of the GTC Scotland Code of Professionalism and Conduct. In particular:

• Part 1.2 the Panel found that the Teacher breached professional boundaries and abused his position of trust. The Panel found that the allegations bar 3b and 12 were proven. As such the Teacher’s conduct as found proved involved the breaking of professional boundaries between teacher and pupil for example the inappropriate use of touch, lingering hugs, the pursuit of one-to-one situations in the classroom, the private online communications, the request for secrecy in the relationship and the intrusion into the private lives of the pupils.
• Part 1.3 - the Panel found that the Teacher did not avoid situations which called his fitness to teach into question. Given the findings made by the Panel and in particular the finding of sexual motivation the Panel were in no doubt that the Teacher had breached Part 1.3.
• Part 1.4 - the Panel found that the Teacher did not uphold standards of professional conduct given the findings in fact made by the Panel. He was in breach of Part 1.4.
• Part 1.6 - the Teacher breached Part 1.6 in that he did not maintain awareness that he was a role model to learners. Acting as he did in singling out certain pupils and giving them opportunities thereby denying opportunities to other pupils is not acting as a role model. Acting aggressively towards Pupil A in front of other pupils is not acting as a role model. None of the behaviours found proved can be said to be acting as a role model.
• Part 2.3 - the Teacher did not act as a role model who enables potential and therefore breached Part 2.3. Due to the Teacher’s conduct toward Pupil A she chose to drop music at Advanced Higher. Given the findings in fact made he did not enable Pupil A’s potential and is likely to have had an adverse impact on Pupil B and Pupil C.

(b) Are the shortfalls identified remediable, have they been remedied and is there a likelihood of reoccurrence?

In answering the above questions, the Panel had regard to the factors set out in the IOG:

• The Panel noted that the age of the behaviour dates from 2012 to July 2022.
• The Panel decided that the behaviour of the Teacher is serious and given the fact it was sexually motivated is at the upper end of the scale of seriousness. Furthermore the Panel formed the view that significant harm was caused to Pupil A and Pupil B. The Panel did not hear directly from Pupil C but it is the view of the Panel that such a breach of trust is likely to have had an adverse impact on Pupil C.
• The Panel did not find any aggravating factors by the Teacher’s failure to engage as the Panel noted that the Teacher did engage at the start of the process.
• The Panel decided that there was no other previous history other than that found proved but the Panel was concerned about the repeated behaviour involving three different pupils over a period of ten years. The Panel were concerned about the predatory nature of the behaviour and the values issues that that represents. The Panel found that this could increase the risk of the behaviour recurring.
• The Panel found that the Teacher has shown little or no insight. He has taken no known steps to remediate his actions. He has not taken responsibility for his actions nor has he considered the impact of his actions on the pupils in question.
• The Panel considered whether the Teacher’s current circumstances make the conduct unlikely. The Teacher has said that he is retired and does not wish to teach. While the Panel accepted that the Teacher had expressed his view that he had no intention of ever living or working in Scotland again, the Panel was also aware that this situation might change at some point in the future. The Panel has no information that would allow it to form the conclusion that the conduct is unlikely to be repeated.

The Panel considered all the above when forming the view that the conduct, whilst in theory may be remediable, the Teacher has not remediated the conduct. The Panel decided that there was a likelihood of recurrence of the behaviour.

(c) In any event, the Panel decided that a finding of impairment is required in the public interest given the serious and repeated breaches of COPAC and the need to uphold public confidence in the profession and the regulator.

For the reasons set out above, the Panel determined that the Teacher’s conduct falls significantly short of the standards expected of a registered teacher and that he is therefore unfit to teach.

Disposal

As the Panel determined that the Teacher is unfit to teach, in accordance with the terms of Article 18(2)(b) of the Public Services Reform (General Teaching Council for Scotland) Order 2011, it directed that the Teacher’s name be removed from the Register.

Once the Teacher’s name has been removed from the Register, his name remains so removed unless and until an application for re-registration is made by him and a Fitness to Teach Panel considers that the Teacher is fit to teach at that time and directs that the application be granted. Rule 2.10.6 outlines that a Panel may direct that the Teacher be prohibited from making such an application until the expiry of such a period, not exceeding 2 years, as it may determine. After receiving submissions from the Presenting Officer and legal advice from the Legal Assessor, the Panel returned to private session to consider the matter. In this case, the Panel directed that the Teacher should be prohibited from making an application for re-registration for a period of 2 years.

This period will begin 28 days after the date of service of the Decision Notice or on conclusion of any appeal raised as outlined below. The Panel considered that a shorter time period was inappropriate as the breaches of COPAC are serious and the Teacher would need at least that period of time to remediate those breaches. For clarity, the Teacher will not be automatically reinstated to the Register at the end of this period. The time period sets out how long the Teacher has to wait until an application for re-registration can be made, which may or may not be granted. To be granted, a Fitness to Teach Panel would require to determine that any applicant is fit to teach at that time.

Appeal

The Teacher has the right to appeal to the Court of Session against the decision within 28 days of service of the Decision Notice. The Teacher’s name will remain on the Register until the appeal period has expired and any appeal lodged within that period has been determined.