Queensland College of Teachers v CXJ

The Queensland College of Teachers (QCT) brought disciplinary proceedings against CXJ, a teacher at an independent school, alleging inappropriate conduct involving a student. The case was heard by the Queensland Civil and Administrative Tribunal, which was required to determine whether the grounds for disciplinary action under section 92(1)(h) of the Education (Queensland College of Teachers) Act 2005 (Qld) had been met, and if so, what orders should be made under section 161(2)(c) of the Act. The central issue was whether CXJ's highly sexualised communication with a student, conducted under a different identity, constituted a betrayal of trust and warranted disciplinary action. This was compounded by the high risk that the student would discover CXJ's true identity.

The Tribunal found that the ground for disciplinary action was established due to the serious nature of the inappropriate conduct. CXJ had engaged in inappropriate communication that was both sexualised and conducted under a false identity, which created a high risk of the student discovering the teacher's true identity. This conduct was seen as a clear betrayal of trust, especially given CXJ's pastoral role. The Tribunal concluded that such actions were not only inappropriate but also constituted a significant breach of professional boundaries. Furthermore, the Tribunal determined that the inappropriate conduct had a detrimental impact on the student, exacerbating the need for disciplinary action.

In light of the findings, the Tribunal imposed a prohibition on CXJ from applying for teacher registration or permission to teach until 8 September 2020. Should CXJ apply for registration after this period, the application must be accompanied by an independent psychological report assessing his suitability to teach and his understanding of appropriate teacher-student boundaries and professional ethics. Additionally, the Tribunal prohibited the publication of any information that could identify the student or CXJ to protect their privacy.

The Tribunal's orders were designed to both address the misconduct and ensure that CXJ would be better equipped to understand and maintain professional boundaries should he return to teaching. The orders reflect a balanced approach, aiming to protect students while providing CXJ with an opportunity to re-enter the teaching profession under strict conditions.