Full Hearing - Teacher C
Definitions
Any reference in this outcome 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
- the ‘Register’ means the GTC Scotland Register of teachers; and
- ‘COPAC’ means the GTC Scotland Code of Professionalism and Conduct 2012.
Notification of Meeting
The Panel had before it a copy of the Notice of Panel Consideration, dated 14 February 2025. The Panel was satisfied that the Teacher had been provided with notice of the meeting in accordance with Rules 1.6 and 2.3.1. Accordingly, the Panel proceeded to consider the case.
Preliminary Matters
There were no preliminary matters.
Allegation(s)
The material before the Panel disclosed that the amended allegations against the Teacher were as follows:
- On several occasions between 2019 and April 2021, whilst employed by [redacted] as a teacher at [redacted] High School, the Teacher did contact pupils using Instagram and email, often out with school hours, during the evening and during school holidays, specifically:
(a) On 19 November 2019, send messages to Pupil A using the Teacher’s Instagram account, in which the Teacher did: _
(i) Ask Pupil A to tell her brother that he had his headphones;
(ii) tell Pupil A to ‘be nice’; and
(iii) ask Pupil A ‘are you coming in tomorrow’.
(b) On 9 December 2019, send messages to Pupil A using the Teacher’s Instagram account, in which the Teacher did:
(i) Send Pupil A a photo of herself taken from her Instagram story; and
(ii) tell Pupil A to ‘get to school’.
(c) Between 24 December 2019 and 2 February 2021, send messages to Pupil B using the Teacher’s Instagram account, including messages in which the Teacher did:
(i) Send a photo showing a bottle of alcohol from Pupil B’s own Instagram account stating ‘I think I’ll confiscate that alcohol [colon/bracket to denote a smiley face];
(ii) state ‘you don’t need alcohol to have fun’;
(iii) respond to a message sent by Pupil B by stating ‘not a really good defence if you have a surprise 8 months later [6 laughing face emojis]’;
(iv) state ‘Merry Christmas alcoholic [smiley face emoji]’;
(v) respond to a message sent by Pupil B by stating ‘Yes I did have thank you. How was your Christmas? Have you seen the inflatable animals yet?’;
(vi) state ‘Are you and [Pupil B’s boyfriend] hitting it off where you and [Pupil B’s ex-boyfriend] didn’t?;
(vii) state ‘If [Pupil B’s boyfriend] makes you happy that’s what matters, you make time for [Pupil B’s boyfriend] because he makes time for you’;
(viii) state ‘Benefits of being older [smiley face emoji] knowing whats what and reading the situation. Make sure you don’t get your heart broken now x’;
(ix) state ‘He won’t be that under the thumb [smiley face emoji] still some free will you can’t control haha x’;
(x) state ‘What’s your plan for new years?’;
(xi) respond to a question about his plans from Pupil B by stating ‘Same but with family, some of us don’t drink’;
(xii) state ‘Remember I was your age’;
(xiii) state ‘You both need a better bedtime’;
(xiv) state‘Itspastyourbedtime’;
(xv) state ‘Gee thanks, this old man has pulled more late nights than you’ve been seeing [Pupil B’s boyfriend’s name]’;
(xvi) state ‘Don’t you have a weekend job to get up to?’;
(xvii) state ‘Yes. Then crash tomorrow night for a nap’;
(xviii) state ‘Any new years resolutions?’;
(xix) state‘GotthatGraffitioffyet?’;
(xx) state ‘When did you turn 16’;
(xxi) send two graphic pictures to Pupil B, including a graphic picture of a naked female body, and state ‘You put that on [Pupil B’s boyfriend’s] wall’; and
(xxii) state ‘Happy Birthday’.
(d) Between 6 November 2020 and 16 February 2021, send emails from the Teacher’s work email account to Pupil C’s personal email account, in which the Teacher did:
(i) state ‘when are you available for a proper chat? Any time Saturday or Sunday?’;
(ii) state ‘Answer me this time [smiley face emoji]’;
(iii) state amongst other things ‘On a side note. How long did it take you to choose what you were wearing?’.
(e) On 23 February 2021, send emails from the Teacher’s personal email account to Pupil C’s personal email account, including an email in which the Teacher did provide Pupil C with this personal mobile phone number and state ‘Phone me before you freak out. Do not pass go, do not collect 200 pounds [smiley face emoji]’.
(f) On various unknown dates thought to be between January 2020 and January 2021, send messages to Pupil E using the Teacher’s Instagram account, including messages in which the Teacher did:
(i) State ‘Hiding from me?’;
(ii) state ‘Some of your answers are amazing’;
(iii) state at 01.34: ‘Have you heard of sleep’;
(iv) state at 01.44: ‘Yes its that thing at the end of the day that resets life and brings you back again fresh for a new day. How are you holding up? Killed [redacted] yet?’;
(v) state ‘Working away in the house, keeping busy and arguing with the grown ups about getting you all the right support and work amount so you aren’t bored or feeling lost all day.
I hope she is keeping herself safe though and enjoying the morrisons lifestyle’;
(vi) state ‘I’m missing seeing you all I was looking forward to seeing you all do your dramas’;
(vii) during the school holidays state ‘So what do you say’;
(viii) during the school holidays state ‘Well done this year will be harder’;
(ix) state ‘you ok?’;
(x) state ‘Talk to ms [SIC]. If said if your happy with it I’ll know you’ll catch up. Anything I can do let me know’;
(xi) state the words ‘\*poke\* what happened today?’;
(xii) state at 01.55: ‘Happy new year X is it going to be a sober one?’;
(xiii) send Pupil E a ‘hug’; and
(xiv) state ‘Poo Face [colon/bracket to denote a smiley face];’.
(g) On various dates between 13 May 2020 and 6 January 2021, send messages to Pupil G using the Teacher’s Instagram account, including messages in which the Teacher did:
(i) State at 01:09: ‘You’d look amazing in anything. Just ask [redacted] for some help. He knows how good your ass looks in trousers hahaha. I see you in a dress the same colour as your blonde hair. I’m pretty good at picking prom dresses :p I couldn’t imagine this year going this way. This evening I sat with my neighbours drinking wine in our front garden and not having a care in the world. I look forward to the day I can treat you lot to a relaxing evening LEGALLY x’;
(ii) state at 01:09: ‘Haha guy touched your ass!! [redacted] loving it! Typical, what have I told you about being too attractive!?! Always wanted to try the 36 questions app with one of you lot to see [redacted] of my life you lot cant believe. I am well. Currently teaching [redacted] and [redacted] advanced higher [redacted] to keep them and me sane and happy. [Redacted] thrives pf [sic] people, don’t think she’d do well without attentions [sic]. Is Morrisons giving you any perks for working in unsafe conditions? Are you moving away in October? X’;
(iii) state at 00:33: ‘Right ways then even how hard it is, it is not forever. I do what I do because you lot are my children, my family, I need to remember that lines are messy and that I could end up like Mr [redacted] if I am not careful.’;
(iv) state at 02:06, the words ‘‘\*pats head\*’; and
(v) state on 6 January 2021, whilst Pupil G was studying at university, ‘that colour still suits you’.
- On an unknown date, whilst employed by [redacted] as a teacher at [redacted] High School, the Teacher did:
(i) Take part in a conversation with Pupil E and another unknown pupil regarding another female pupil’s clothing choice;
(ii) express an opinion that the female pupil at 2(i) should not be dressed in that way;
(iii) express views on how a female dressing the way that the female pupil at 2(i) did, might attract unwanted male attention; and
(iv) express an opinion that if the female pupil at 2(i) was his child ‘they would not sit down for a week’.
- On unknown dates, whilst employed by [redacted] as a teacher at [redacted] High School, the Teacher did take part in a private group chat on Facebook Messenger with three pupils, specifically Pupil D, Pupil E and Pupil M.
- On unknown dates, whilst employed by [redacted] as a teacher at [redacted] High School, the Teacher did set up private tutoring sessions via Zoom for a small group of pupils, specifically Pupil D, Pupil E and Pupil M, without permission from his employer, on the condition that these sessions were never discussed with anyone else.
- On an unknown date, whilst employed by [redacted] as a teacher at [redacted] High School, the Teacher did provide his personal mobile phone number to Pupil C.
- The Teacher’s actions at allegation 4 were dishonest, or in the alternative, lacking in integrity.
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 1.1, 1.2, 1.3, 1.4, 1.5. 1.6 and 2.3 of the General Teaching Council for Scotland’s Code of Professionalism and Conduct 2012.”
Information Available to the Panel
- Final Investigation Report, dated 13 February 2025 , with appendices including:
(a) Police Statement of Pupil G, dated 14 April 2022
(b) Employer Referral Form, dated 13 May 2022
(c) Local Authority Disciplinary Report, dated September 2022
(d) Email from [redacted] to GTC Scotland, dated 6 October 2022
(e) Letter from Teacher’s representative to GTC Scotland, dated 21 June 2022
(f) Employer’s Response to Notice of Investigation, dated 6 October 2022
(g) Email from [redacted] to GTC Scotland dated 29 June 2023
(h) Letter from Police Scotland to GTC Scotland dated 4 July 2023
(i) Letter from Police Scotland to GTC Scotland dated 17 October 2023
(j) Letter from GTC Scotland to Police Scotland dated 10 July 2024
(k) Email from Police Scotland to GTC Scotland dated 2 September 2024
(l) Teacher’s response to interim report, dated 16 January 2025
(m) Teacher’s clinical psychology report, dated 4 January 2025 - Response from Teacher dated 3 March 2025
- Notice of Investigation cover email and delivery receipt, dated 6 June 2022
- Notice of Panel Consideration, dated 14 February 2025
Teacher’s Response
In the response from the Teacher (via his representative) dated 16 January 2025 it was stated that the Teacher admits in full the amended allegations. He recognises that his conduct fell short of the standards outlined in the GTC Scotland Code of Professionalism and Conduct. He accepted that his fitness to teach is currently impaired. He accepts that the appropriate outcome is removal from the register. He has no intention of returning to teaching. He would agree to a consent order if that were offered by the Panel. The Panel was invited to issue a consent order, rather than refer the case to a fitness to teach hearing. This outcome was said to be in the public interest, in the interests of the Teacher, and appropriate in the particular circumstances of the case. A hearing would cause delay, achieve little standing the full admission, and be a source of stress.
Summary of Evidence and Submissions
The final investigation report contained a summary of the investigations conducted by GTC Scotland. It also included a summary of the witness and documentary evidence, which was said to support the allegations. While fitness to teach was a matter for the Panel, the Investigating Officer submitted that with reference to Parts 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of COPAC the Panel may consider that the Teacher’s behaviour had fallen below the standards expected.
Decision
The Panel considered all of the information available to it as described above. The Panel had a range of options open to it, as set out at Rule 2.3.2 (a) to (f). The Panel had regard to the factors set out in the GTC Scotland Panel Consideration Practice Statement.
The Panel did not consider it appropriate to dispose of the case in accordance with Rule 2.3.2 (a). The Panel reached this conclusion for the following reasons:
- The matter amounts to Relevant Conduct and there is on the face of it, a real prospect of a finding that the Teacher’s fitness to teach is impaired. The Panel considered the following factors relevant in that the conduct alleged relates to:
- Forming inappropriate relationships with pupils/young people;
- Mis-use of social media where it relates to a teacher’s practice, displays discriminatory or intolerant views or includes abusive or offensive language or it raises any other serious concern; and
- Other serious activities which cause harm and affect public confidence.
The Panel considered the relevant Parts of COPAC to be:
- Part 1 – Professionalism and maintaining trust in the profession; and
- Part 2 – Professional responsibilities towards Pupils.
The Panel considered the following additional factors to be relevant in their decision:
- The matter has not already been considered;
- The matter does not relate to events that occurred 5 years or more before the date of the most recent event;
- The matter is not frivolous or vexatious; and
- The allegation(s) have not been made anonymously or by a person who has failed to cooperate with the investigation.
The Panel did not consider it appropriate to dismiss the case on the basis of an insufficiency of evidence as provided for by Rule 2.3.2 (b). The allegations have been admitted by the Teacher. Furthermore, the Panel did not consider the referral to be malicious.
Fitness to Teach
The Panel carefully considered all of the available information and had regard to Part A of the GTC Scotland Fitness to Teach Conduct Cases – Indicative Outcomes Guidance in considering whether the Teacher’s fitness to teach is currently impaired.
In the Panel’s view, the allegations, which the Teacher has admitted in full, constitute serious breaches of COPAC, including Parts 1.1, 1.2, 1.3, 1.4 and 1.6. In the Panel’s view the Teacher has engaged in misconduct. The admitted behaviours fall significantly short of the expected professional standards.
The case papers disclose that the Teacher was warned and given advice and guidance as to agreed platforms for communication with pupils. He did not modify his behaviour in light of this, indicating a risk of recurrence. The case papers detailing discussion of the allegations with the Teacher disclosed him making vague responses and disassembling when challenged, indicative of a lack of insight into his behaviour. The Panel noted that this was asserted to be due to a lack of memory of particular events. If true, that will in any event lead to an inability to explain his behaviour and thus to take steps to prevent recurrence. The Teacher’s representations do not provide detailed mitigation, insight nor reflection.
The Panel took into account the Teacher’s representations around his history of adverse mental health, however, in any event the Teacher’s approach remains unsatisfactory. There was no evidence of any steps taken place by the Teacher with a view to remediation, although the Panel recognised that the Teacher’s present circumstances – i.e. being employed outwith the teaching profession – make recurrence unlikely in practical terms. That notwithstanding, in principle there was no basis on which the Panel could conclude that the admitted shortfalls have been rectified. The Teacher ought to have realised that his behaviour was inappropriate and modified his conduct. The shortcomings are not viewed as being remediable.
In the Panel’s view, the behaviour of the Teacher is incompatible with being a registered Teacher given the number of breaches of COPAC over a significant period of time, amounting to a sustained course of conduct.
The Panel’s view was that the Teacher’s fitness to teach is currently impaired, and that his conduct has fallen significantly short of the expected standards. They accordingly determined that he was 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 could only direct that the Teacher be removed from the Register.
The Panel had regard to the Teacher’s position and decided to issue a consent order in accordance with Rule 2.7 offering the Teacher the opportunity to consent to removal from the Register. Should such consent be provided and the Teacher’s name is 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.
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 from the signing of the consent order. The Panel considered that a shorter time period was inappropriate as the Teacher’s admitted conduct constitutes a lengthy pattern of behaviour consisting of serious and inappropriate communication with pupils. The Panel considered that a longer period would be required for the Teacher to reflect on his conduct and take steps to remedy his shortcomings.
For clarity, this is not a period of removal, meaning that the Teacher will not be automatically reinstated to the Register at the end of this period. It 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.
The terms of the consent order are set out in the separate “Consent Order” document. Should the Teacher fail to provide his consent to the order within 28 days from the date of the decision notice, the case is to be referred on for hearing proceedings.
