Marion High teacher sexually assaulted, then knocked unconscious, student in 1980s incident, $1.5m lawsuit claims

A former student says he was sexually assaulted, then rammed into a desk face-first, by a teacher in a substantial lawsuit against an Adelaide school.

A teacher punished a student for going into his office first by sexually assaulting him, then “violently slamming” his face “into a desk” until he was unconscious, a court has heard.

A graduate of the defunct Marion High School, who cannot be identified, has filed a $1.5 million claim against the state government in the Supreme Court.

The man, now in his 50s, alleges the government is vicariously liable for the teacher’s actions over two consecutive days which, he says, injured him and reduced his opportunities in life.

The government, however, has fired back, claiming the man has a 28-year history of “serious criminal offending” and his allegations therefore cannot be believed.

In his court documents, the former student says he attended Marion High in the 1980s and alleges he was abused by a “class teacher” early in his time there.

“The student went into the teacher’s office when it was unattended … the teacher discovered him in the office,” the documents allege.

“The teacher made the student place his hands on the desk, facing away, put his hand down his shorts and underpants and digitally penetrated him.

“The student was startled, pushed the teacher away, fled the office and ran to a nearby car park.

A former Marion High School student has filed a $1.5 million lawsuit against the state government, alleging both sexual and physical abuse. Picture: Generic image

“Two days after, the student was in a classroom when the teacher came up from behind, grabbed him by the hair and violently slammed his face into a desk at least twice.

“(Those acts) knocked the student unconscious.”

He alleges the school breached its duty of care and failed to institute “a reasonable system of detention” rather than “leaving students alone” with teachers to be disciplined.

The government, he alleges, is vicariously liable for those failings because Marion High School was in the “care, control and management” of the Education Department.

“As a result, the student has suffered post-traumatic stress disorder, cannabis use disorder and stimulant use disorder,” the lawsuit alleges.

In its defence papers, the government says it admits only that the teacher named in the lawsuit worked at the school, and was the student’s class teacher.

“(The government) denies the claim in relation to the alleged sexual assault and physical assault of the student by the teacher,” it says.

“Any claimed psychological injury for which the student makes his claim are wholly or particularly caused by stressors for which the government bears no liability.

“This is given the student’s history of convictions for serious criminal offences over a 28-year period.”

The case continues.