Teacher who had sex with student, 17, suspended without pay by Department of Education
A FORMER sports teacher who admitted to having a sexual relationship with a Year 12 student has been suspended without pay — more than a year and nine months after he was arrested.
NSW
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A FORMER sports teacher who admitted to having a sexual relationship with a Year 12 student has been suspended without pay — more than a year and nine months after he was arrested.
The 52-year-old from Port Stephens, who can’t be identified for legal reasons, had been working in an administration role in a Department of Education office on the mid-north coast since he was charged in February last year with three counts of having sex with a 17 to 18 year-old in his special care.
But despite the man admitting to having sex with the teenager three times in his home and in his van in 2015, the courts have ordered a stay on his prosecution determining that under the law he could only be charged with the offence if he was the girl’s teacher at the time.
The girl had not been taught by him since 2013.
It is understood that now the court case is finalised and the Department of Education has been granted access to court documents they have moved to suspend him without pay.
The Daily Telegraph can also reveal the NSW Office of the Children’s Guardian revoked his working with children check in January.
The Department of Education has released a statement confirming the suspension.
“The Department of Education today suspended without pay the 52-year-old former Port Stephens teacher who had charges of having a sexual relationship with a school student stayed permanently by the NSW Court of Appeal this week.
“The teacher had already been stopped from working in any NSW public school and a report was made to police as soon as the department became aware of the serious allegations.
“This latest action by the department has been taken pending a disciplinary investigation.
“The teacher is currently barred from working in any NSW school by the NSW Office of the Children’s Guardian.”
Court documents state the PE teacher and the Year 12 student had a sexual relationship in September and October 2015.
A former partner of the man’s broke her silence on Wednesday to reveal she was living with him when he invited the girl over to their house for sex while she was away in Sydney.
The woman also said the girl had told her the teacher initiated the sexual relationship by giving her a love letter saying he’d had romantic feelings for her since she was in Year 8.
The man has denied in court writing the letter but admitted to the sexual relationship.
The man’s lawyers successfully sought a permanent stay on the prosecution arguing that the man was not guilty of having sex with a 17-year-old in his “special care” because he was not teaching her that year.
District Court Judge Tanya Bright supported the argument, saying the Crown could not prove the girl was under the “sporting instruction” of the teacher at the time of the sexual relationship, and ordered a permanent stay on the prosecution.
Judge Bright’s decision was upheld by the NSW Court of Criminal Appeal last week.
NSW Attorney-General Mark Speakman said his department is now reviewing the legislation saying that, “No child should ever be taken advantage of in a student/teacher environment, irrespective of whether that teacher is currently responsible for the student.”