Tuesday 21 November 2017

Settlement reached in dispute involving allegations that teacher had sex with student (18)

The Four Courts
The Four Courts

Tim Healy

A settlement has been reached in a legal dispute involving allegations that a teacher had sex with an 18-year-old 6th year student.

The case has been brought by a “whistleblower” teacher against his school's board of management over the terms of a planned investigation arising from alleged remarks made by another male teacher concerning two 6th year students.

The teachers or the school cannot be named, by order of the court.

The teacher has claimed he told his school principal in August 2011 that a male colleague had told him of having sex with a student at the colleague's home in 2008. 

The plaintiff claims he went to the principal after the same colleague told him in 2011 he exposed himself to a different female graduate student “in the stands” of a sports facility. 

The colleague totally rejects he either said or did those things, the court heard.

It was also told there is no suggestion of any criminal conduct in relation to the alleged encounters with the two women in 2008 and 2011 and there has been no 6th year student aged under 18 in the relevant all girl second level school for some time.

The alleged whistle blower had sought orders restraining any disciplinary proceedings against him arising from an independent investigation by the school into the matter.

On Thursday, Mr Justice Paul Gilligan, noting both sides had accepted there had to be an investigation into the matter, had suggested the sides should try and resolve matters.

On Friday, the judge was told by Maurice Collins SC, for the school board of management, the sides had agreed "a way forward" and on how the injunctions application could be resolved.

Mr Justice Gilligan said he noted the terms of the agreement and would deal with costs in October.

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