DUBLIN, Ireland: The High Court has removed from the register of teachers the name of a secondary school teacher who had sex with a 16-year-old student.
The teacher, in his 50s then, claimed the interaction was consensual, even though the student was under the age of consent.
On March 2, High Court president David Barniville approved the sanction sought by the Teaching Council, striking the teacher off the council's register and prohibiting his restoration for 30 years.
The judge said the extremely serious punishment was fully justified because the teacher's professional misconduct was of the most serious kind.
The teacher cannot be named to protect the student's identity. He worked at the same school as the pupil.
Barrister Eoghan O'Sullivan, representing the Teaching Council, said the council relied on statements the teacher made during a Garda interview, where he had been formally cautioned, to support the finding of professional misconduct.
The teacher was arrested and questioned by gardaí after a pupil accused him of rape and sexual exploitation, counsel said. He repeatedly denied those claims.
However, he admitted to having what he described as consensual sex with the pupil when she was 16. The court heard that the pupil was intoxicated at the time. The incident happened at a property where the teacher was staying.
He was not prosecuted over that admitted incident because the pupil later denied it had taken place, counsel said.
The teacher faced criminal charges for other alleged sexual offences. During the trial, the Director of Public Prosecutions decided to drop the charges, Sullivan said.
Separately, the Teaching Council carried out its own investigation.
Because the teacher admitted to gardaí that he had sex with the pupil, the council found him guilty of professional misconduct. The council was satisfied that his admission was freely and voluntarily made.
When deciding the punishment, the council said it was hard to imagine more serious misconduct.
O'Sullivan described the behaviour as "deplorable" and said the penalty was appropriate.
Judge Barniville granted the orders requested and confirmed the sanction. He also noted that, in its report after the inquiry, the council said the teacher showed little insight or remorse and at times saw himself as the victim.
