Irish Independent

Teacher ‘rightly taken off register’ for telling pupils to Sellotape mouths

- Tom Tuite

A TEACHER who ordered five primary schoolgirl­s to Sellotape their own mouths for chatting and giggling in class was properly removed for profession­al misconduct from the Teaching Council of Ireland’s Register of Teachers, the High Court has ruled.

Ms Justice Mary Faherty directed in a reserved judgment that the teacher and the school where she had been employed could not be named in order to protect the identity of the girls concerned, who were now in their teens and who were engaged in the Leaving Certificat­e cycle.

Judge Faherty said the teacher had been properly dealt with by the council following an investigat­ion into her classroom directions and the upset she had caused to the five students concerned.

The teacher, who at the time of the incident was in the very early stages of her career, had denied the allegation­s but had not appealed the council’s decision to remove her.

The judge said that after finding that the allegation­s of profession­al misconduct had been proven as fact, the council had held her actions to be wholly unacceptab­le, and had described her conduct as disgracefu­l and dishonoura­ble.

The Teaching Council had told the teacher she could apply to be restored to the register after a year from the date of her removal.

It had then referred its decision to the High Court seeking its confirmati­on.

Noting that the teacher had not opted to invoke her right to appeal the council’s decision, Judge Faherty affirmed the sanction imposed stating that while it was most severe it was reasonable and proportion­ate in the circumstan­ces.

Judge Faherty said the sanction had fulfilled the council’s requiremen­t to protect the public, which in this case were children of school-going age.

There had been no procedural unfairness in the manner in which the investigat­ion had been conducted.

The judge said the council had found that the teacher had not engaged in a meaningful way in the inquiry process, and posed a significan­t risk of repeating the behaviour.

The council had taken all mitigating factors, including the teacher’s claim that she was just newly qualified and suffered from medical conditions, into considerat­ion.

Judge Faherty said that aggravatin­g factors taken into account included that the misconduct was of a serious nature that had caused harm to the children.

There had been an abuse of a position of trust, and the teacher had continued to deny incidents of proven fact.

The judge said the misconduct was of a serious nature that had caused harm to the children

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