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Article Category: 2007 January

School right to sack 'too touchy' teacher

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Article originally prepared on : 15 January 2007

http://www.news.com.au/adelaidenow/story/0,22606,21036673-2682,00.html

School right to sack 'too touchy' teacher

SEAN FEWSTER, COURT REPORTER

January 10, 2007 01:15am

Article from: The Advertiser

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A CATHOLIC school's decision to sack its physical education teacher for touching students has been upheld by the Industrial Relations Commission.

Former Xavier College teacher Richard Drewer claimed he was unfairly dismissed from his post at the Gawler Belt school last April.

He was sacked after the school issued him with two written warnings, alleging that he had:

RUBBED his hand up and down a student's leg.

HAD "a more hands-on approach to teaching PE than other teachers".

TOUCHED students around the waist while demonstrating sports skills.

PUT his head into the girls' change rooms in Term 3, 2005.

PUT his arm around female students.

ENGAGED in a "pushing and shoving" incident with a student.

Mr Drewer admitted several of those actions but said they did not "involve sexual impropriety" and his dismissal was "too harsh".

Commissioner David Steel, however, disagreed.

He said Mr Drewer also had been warned by his previous employer to stop touching children.

"(Mr Drewer) was under lawful instruction not to touch students," he said.

"This was deliberate behaviour in the face of instruction to the contrary.

"I do not consider (his) dismissal to be unfair in respect to being harsh, unjust or unreasonable."

Mr Drewer began working at Xavier College in January, 1999. Before that, he had worked at St John's College at Whyalla.

Mr Steel said that school viewed Mr Drewer as "a bad influence" and had warned "you must not touch students".

Xavier College warned him, in similar terms, in April, 2003 and September, 2004 but "did not notice any difference in his behaviour".

The college claimed Mr Drewer had "failed to model the standards of conduct expected of a teacher".

He countered he was never told his behaviour could result in dismissal.

"I am fully aware in this climate that now presents itself that my casual, relaxed and friendly attitude toward students must change," he said in a letter tendered to the commission.

"I have left myself in a very unguarded and vulnerable position but that is all I have done."

Mr Steel said Mr Drewer was aware of the seriousness of his conduct but did not modify it.

"On the basis of all the evidence available in this matter, (his) conduct in touching students over a period of years in the face of repeated . . . warnings to desist (is) serious and wilful misconduct," he said.

Mr Drewer yesterday declined to comment on the case.

 

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