Courts / Ireland / Report

Teacher who admitted 'once-off' sexual encounter with former student fails in bid to block evidence at fitness-to-practise inquiry

Summary

A teacher who admitted to a 'once-off' sexual encounter with a former student has failed in a judicial review bid to block evidence obtained by their former partner from being used in a fitness-to-practise inquiry. The teacher, whose identity is protected by court orders, argued that screenshots from their Snapchat account, obtained without consent, were unlawfully gathered and should be deemed inadmissible. The inquiry, conducted by the Teaching Council, follows allegations from the teacher's ex-partner regarding a relationship with the former student, including alleged social media communications. The teacher acknowledged a single sexual encounter post-Leaving Certificate but denied ongoing contact. They claimed the screenshots could have been from a fake account and that their identity was not confirmed in the evidence. The teacher left their school job following the allegations but was not subject to a suspension of teaching registration. The judicial review sought to quash a June 2022 decision allowing the screenshots to be used in the inquiry under the Teaching Council Act, 2001. Mr Justice Conleth Bradley denied the application, stating the disciplinary panel had the authority to admit the evidence and that the exclusionary rule does not automatically apply to evidence obtained by third parties. The judge noted no fitness hearing had occurred, no findings had been made, and no sanctions had been proposed. The matter remains ongoing under the appeal stage.

Who, what, where, when and why

What: Report matter: Teacher who admitted 'once-off' sexual encounter with former student fails in bid to block evidence at fitness-to-practise inquiry. Procedural stage: appeal

When:

• June 2022 Other
• 2024-10-09 Publication

Places mentioned

Topics

Stage Appeal

Read the original CNI report