Maths teacher banned af­ter ac­cu­sa­tions of touch­ing girl’s breasts

The Sunday Telegraph (Sydney) - - NEWS - LINDA SILMALIS

A SYD­NEY maths teacher has been banned from work­ing with chil­dren af­ter be­ing ac­cused of try­ing to kiss and touch the breasts of a 14-year-old school­girl he had been tu­tor­ing at his home and the fam­ily church.

De­spite charges against him be­ing dis­missed, the NSW Chil­dren’s Guardian was suc­cess­ful last week in con­vinc­ing the NSW Civil and Ad­min­is­tra­tive Tri­bunal to ban him.

The de­ci­sion also fol­lowed ev­i­dence con­tained in an emo­tional let­ter the Year 8 girl had writ­ten to an­other teacher, apol­o­gis­ing for fail­ing to turn up to school be­cause of her strug­gle to deal with be­ing sex­u­ally and phys­i­cally as­saulted.

“To­day is the day where I can’t han­dle ev­ery­thing,” she wrote. “I’m sorry, please don’t tell. I feel so bro­ken and lost. Please for­give me.”

The Tri­bunal heard the man, known as “CMD”, was 39 years at the time he al­legedly in­de­cently as­saulted and pro­cured the school­girl over seven months be­tween 2012 and 2013.

The al­leged con­duct in­cluded “tak­ing the child’s shirt and bra off”, and “touch­ing the child’s breasts”. The Tri­bunal heard the of­fences al­legedly oc­curred at both the teacher’s home and at the lo­cal church where the school­girl was be­ing tu­tored.

In Septem­ber 2014, CMD was sus­pended, with po­lice charg­ing the man with two counts of com­mon as­sault, one of in­de­cent as­sault and one of procur­ing a child for un­law­ful sex­ual ac­tiv­ity a month later.

How­ever, the charges were dis­missed af­ter a crim­i­nal court was not sat­is­fied be­yond rea­son­able doubt the con­duct had oc­curred.

De­spite the dis­missal, the NSW Chil­dren’s Guardian moved to ban the man from work­ing with chil­dren.

In ban­ning the teacher, Tri­bunal Act­ing Judge Gra­ham Mul­lane said there was a “strong pos­si­bil­ity” that some of the con­duct the girl had al­leged dur­ing the tu­tor­ing oc­ca­sions “did in fact oc­cur”.

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