The King’s School’s sex assault claim ‘failure’

The King’s School has been criticised for a ‘catastrophic failure’ over how it handled sexual assault allegations.

Former King’s headmaster Timothy Hawkes.

The King’s School in Sydney has been criticised for a “catastrophic failure” over how it handled sexual assault and bullying allegations in 2013 that led to a student leaving the school, according to a submission to a royal commission.

In documents released by the Royal Commission into Institutional Responses to Child Sexual Abuse, counsel assisting David Lloyd found the Parra­matta school had a “bullying culture” and had failed a student, known as “CLC”, who had been the alleged victim of a sexual ­assault.

The victim was a boarder, beginning in early 2010. He gave evidence before the royal commission that a fellow student masturbated on his sleeping bag while on a camp in 2013. The incident led to widespread bullying, and the student was given the nicknames “cum dumpster” and “cum rag”. He finished high school at another private Sydney institution.

The royal commission heard King’s sought advice from a NSW Police Force senior constable after the incident, but did not take his advice and lodge a formal report. “The incident/s should be reported to police so that the exact offence can be determined, and the victim(s) can be contacted for statements if willing,” Senior Constable Robert Paterson wrote in an email to senior King’s staff.

“A minor assault should be reported to police, so this should be reported (to avoid any possible action under S316 of the Crimes Act under Conceal Serious ­Indictable Offence, and potentially avoid civil action.”

The email was sent to deputy headmaster Andrew Parry, who included the school’s then headmaster, Timothy Hawkes, in his reply.

Mr Lloyd said Dr Hawkes did not lodge an incident report with police. “The failure to report the CLC camp incident to police, contrary to written advice from the police that the matter should be reported, was a catastrophic failure by King’s,” Mr Lloyd wrote.

King’s rejected the allegation of “catastrophic failure” in a submission to the royal commission. “This finding is not available on the evidence,” Kate Eastman SC wrote on behalf of the school. “It is respectfully submitted that rhetorical flourishes in the course of cross-examination should not be used as a basis for factual findings. The expression ‘catastrophic’ in this context is misplaced and exaggerated. This finding should be rejected in its entirety.”

There was no evidence Dr Hawkes saw the email from Constable Paterson, the submission said, as he had no recollection of reading or receiving it. “The finding appears to be premised on an assumption that he did.”

King’s also denied there was a culture of bullying at the school, submitting “the treatment of one student cannot serve as evidence of a ‘bullying culture’ existing at the school”. Dr Hawkes retired from the school in 2015.

The evidence was heard in hearings in October and Novemberlast year, as the royal commission ­investigated allegations of problematic or harmful sexual behaviours at The King’s School, Trinity Grammar, and St Ignatius’ College Riverview in NSW, and Queensland’s Shalom Christian School.

In his submissions, Mr Lloyd also found Sydney’s Trinity Grammar School authorities did not properly investigate reports in August 2000 students had used wooden dildos on other boys. The school’s headmaster, Milton Cujes, “should have done more to investigate the serious allegations made by (student) CLB with a view to reporting those allegations to the police”. In response, the school conceded it “could have and should have done more”.