Queensland College of Teachers v Harvison
[2013] QCAT 684
•28 October 2013
| CITATION: | Queensland College of Teachers v Harvison [2013] QCAT 684 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Brent Anthony Harvison (Respondent) |
| APPLICATION NUMBER: | OCR060-13 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 28 August 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan Dr Cullen, Member Member R Oliver |
| DELIVERED ON: | 28 October 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Under section 160(2)(d) and (j) of the Education (Queensland College of Teachers) Act 2005 (Qld) Brent Anthony Harvison’s teacher registration is cancelled and he is prohibited from applying for registration or permission to teach for 5 years from the date of the suspension namely 28 February 2013. 2. Under section 160(2)(i) of the Education (Queensland College of Teachers) Act 2005 (Qld), the register be endorsed with a notation that any application by Brent Anthony Harvison for reregistration be accompanied by a psychologist report which includes assessment of Brent Anthony Harvison’s appreciation of the following: i. Differentiating between personal and professional relationships; ii. The legal obligations of teachers and tutors; iii. Development and maintenance of professional standards when working with young people and actively determining and implementing professional boundaries with individual students; iv. Risk assessment and early issue identification of potentially problematic situations and venues as well as initiating realistic solutions for avoiding the risk of harm to students; v. The extent and nature of the student, colleague, parental and community trust inherently invested in a teacher or tutor; vi. Personal and social behaviour that would compromise the professional standing of a teacher and the profession of teaching; vii. Understanding the effect of inappropriate relationships with students; viii. The trust and power granted to a teacher; ix. Understanding of and importance of full adherence to the Queensland College of Teachers Code of Ethics. 3. The psychological report to include: i. An indication by the psychologist about whether the psychologist is satisfied that Brent Anthony Harvison has adequately understood and addressed the above points; ii. Confirmation of the psychologist being provided with copies of: a) The disciplinary decision; b) The “amended referral of a disciplinary matter”. |
| CATCHWORDS: | OCCUPATIONAL REGULATION – Teacher – where teacher not suitable to teach – where registration cancelled and teacher prohibited from applying for 5 years. Education (Queensland College of Teachers) Act 2005 (Qld) ss 12(3)(a)(b), 95(1)(h), 160 Briginshaw v Briginshaw (1938) 60 CLR 336 Queensland College of Teachers v Armstrong |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
Brent Harvison was first registered as a teacher in November 2007.
He worked at the same state high school from that time until January 2013. He was a health and physical education teacher and a “year coordinator”. The school also conducted a sport academy. He was a coach and second in charge of the sport academy.
Brent Harvison’s teacher registration was suspended in February 2013. He was 27 years of age. The investigation concluded that allegations Brent Harvison had engaged in were capable of substantiation. The suspension following an investigation by the Ethical Standards Unit of the Department of Education of a complaint about the following issues:
a) an inappropriate and unprofessional manner towards a number of students; and
b) unauthorised and inappropriate communication with students via social media.
The QCT has referred this disciplinary proceeding to the Tribunal to determine whether a ground for disciplinary action has been established against Brent Harvison and if so to impose the appropriate sanction. The QCT maintain that the relevant ground for disciplinary action against Brent Harvison is that he is “not suitable to teach”.[1]
[1] Education (Queensland College of Teachers) Act 2005 (Qld) (the Act) s 95(1)(h).
QCT say that he is “not suitable to teach” because:
§ he has behaved in a way that does not satisfy a standard of behaviour generally expected of a teacher; and
§ he has behaved in a disgraceful or improper way that shows that he is unfit to be granted registration or permission to teach.[2]
[2] The Act ss 12(3)(a) & (b).
The referral is based on 24 allegations. The conduct the subject of the allegations includes sexualised communications with a number of students including via social media. It is alleged to have occurred from January 2009 to December 2012.
Brent Harvison engaged solicitors to attend the compulsory conference and provide a brief response to the referral. He has taken no further part in the proceedings. He does not admit any of the allegations. As such the Tribunal needs to consider each allegation and determine whether it has been proven.
In making this determination the appropriate standard of proof is to the reasonable satisfaction of the Tribunal with the degree of satisfaction varying according to the gravity of the facts to be proven.[3]
[3] Briginshaw v Briginshaw (1938) 60 CLR 336 at 361 – 362.
The gravity of the facts alleged is such that if the Tribunal is satisfied that the conduct occurred, the teacher may have his registration suspended or terminated. A high degree of satisfaction is therefore needed for the Tribunal to be satisfied that the alleged facts occurred.
The QCT relies on:
§ the referral;[4]
§ the affidavit of Jonathan Stewart Gormley (JSG);[5]
§ a statement of Detective Senior Constable Grant Hughes;[6]
§ affidavit of Kelly Leanne Maher (KLM);[7] and
§ the amended referral.[8]
[4] 28 February 2013.
[5] 5 March 2013.
[6] 23 April 2013.
[7] 17 May 2013.
[8] 17 May 2013.
The allegations
Brent Harvison although not admitting any of the allegations has not provided any material which contradicts or challenges the QCT’s evidence.
We agree with QCT that the 24 allegations can be grouped into 2 categories when considering whether the facts are proven:[9]
Allegations where Brent Harvison has admitted the factual aspects of the allegation. There are 6 as follows:
§Between 24 June 2012 and 1 July 2012, whilst engaged as a coach of a Queensland sporting team, Brent Harvison engaged in over familiar and sexualised communication with a child, namely A.
[9] Submission of QCT 17 July 2013.
Brent Harvison was coaching A’s team and was communicating with A via facebook. Brent Harvison has acknowledged facebook conversations with A which included sexual discussions, for example, stating to A that he used to relieve his nerves by having a ‘wank’, asking A about the size of his penis, telling A his penis size, and asking him whether he was ‘curious’ or ‘bisexual’.[10]
§Between 5 October 2009 and 24 September 2012, whilst employed as a teacher at the state high school, Brent Harvison, without a valid educational context, engaged in electronic communication that was over familiar and sexualised with a student B.
[10] Affidavit of JSG page 114, 116 – 118.
The particular student was year 8 in 2009. Brent Harvison was his year coordinator and taught him HPE in 2009 and 2011. Brent Harvison communicated with the student via facebook from 2009 until February 2012.
The discussions were initially friendly and social.
Subsequently, Brent Harvison directed the discussions into personal matters including disclosure of his personal information.[11] He also introduced sexual matters by referring to physical development, to the average penis size and to the particular student’s penis size followed by the disclosure of the size of his penis, circumcision and masturbation.[12] For example, one of the messages to the student was:
I know you wouldn’t kid about something like that! And hey, every bloke measures! I would say that is probably the size it will be then matie ay… ya maybe a bit more growth there but yeah… from experience, you don’t want to be overly massive because the poor girl will not be keen ay! About 30% of the dudes born in your generation are circumcised too which from a survey I read not to long ago on personal health and such, girls prefer… just another random fact for you!... my parents had me circumcised at a kid… just whatever ya parents choose to do ay! I remember being bout your age and doing the measure too man… if we are comparing, I got one 1cm on ya.[13]
§Between 22 September 2010 and 22 September 2012, whilst employed as a teacher at the state high school, Brent Harvison without a valid educational context, engaged in electronic communication that was over familiar and sexualised with student C.
§On 23 September 2012 whilst employed as a teacher at a state high school Brent Harvison without a valid educational context, discussed student D’s sexuality with student C.
[11]Affidavit of JSG page 189.
[12]Affidavit of JSG pages 190 – 192.
[13]Affidavit of JSG page 191.
Student C was taught by Brent Harvison in 2012 (in year 10) and was also involved with him through volleyball.
Student C’s brother, student D was older than C and at the same school but not taught by Brent Harvison.
Student D had recently announced on facebook that he was gay. Brent Harvison subsequently sent his brother, student C, a private message on facebook without student D’s consent to discuss this fact.[14]
[14]Affidavit of JSG page 104 - 117 in particular page 141 - 150. Affidavit of JSG page 59.
Affidavit of KLM page 232.
Brent Harvison messaged student C on facebook in these terms:
Hey dude I just wanted to check in with you and see how you were feeling about D. I heard you found out some information about him a few weeks ago.
And then subsequently:
Glad you are ok matey. I heard a little while ago but just wanted to check in ay. Just remember he hasn’t chosen this way of life ay. It’s not a choice, it’s a feeling and emotion ay. Glad you will be there to look out for him.
Brent Harvison subsequently continued discussions on facebook with C and steered the conversation to sexual health matters. For example he asked student C whether he was circumcised[15] and whether his foreskin is tight or loose,[16] how far that his glands protrude out of the foreskin.
[15]Affidavit of JSG page 79 facebook printout.
[16]Affidavit of JSG page 87.
The facebook printouts indicate that student C was uncomfortable with these discussions. He said:[17]
This is getting awkward now haha.
Brent Harvison replied:
At least there is a comp in between us!!!
[17]Affidavit of JSG page 90.
Brent Harvison then goes on to discuss masturbation. He said in a message to student C:
Just to make ya more comfortable… stats show the avg male between 12 and 30 masturbates between 7-10 times a week so if ya hitting ya avg you are all sweet![18]
[18]Affidavit of JSG page 95 facebook printout.
Student C in his interview with the Department indicated that he had tried to steer the conversation away from these topics but Brent Harvison continued to bring it back:
Then it just got a bit awkward and I didn’t know how to end the conversation so I just went with it.
It was just like about, he started saying about because he was a teacher of sex ed.
Then he was like give me some information about CE ?? and how… but then he came onto me about, he was asking if I was circumcised and everything…
He was asking all these gross questions
… I just kept on going with it. I tried to change the conversation halfway through it but he just went, he just went straight back onto it.[19]
§On 24 September 2012, whilst employed as a teacher at a state high school, Brent Harvison, without a valid educational context, engaged in electronic communication that was over familiar and sexualised with student E.
§On 24 September 2012, whilst employed as a teacher at a state high school, Brent Harvison, without a valid educational context, engaged in electronic communication that was over familiar and sexualised with student F.
[19]Affidavit of JSG page 334 interview transcript.
These allegations relate to similar electronic communication by Brent Harvison to 2 students.
On 24 September 2012 Brent Harvison sent both of the students a facebook message to the following effect[20]:
a) he had found the student’s profile on a dating website;
b) the profile indicated that the student was bisexual;
c) Brent Harvison was supportive of the student’s purported bisexuality;
d) if it was a false profile Brent Harvison could help the student have it taken down; and
e) Brent Harvison hoped the student’s holidays were going well.
[20] Affidavit of JSG page 45 and 123, KLM page 6.
In both cases neither student had a profile on any dating websites.
Brent Harvison in his interviews with the Department investigators and with the police made admissions in relation to the facts the subject of these allegations.[21]
[21] Affidavit of KLM page 1 - 57 and affidavit of JSG page 103 – 177.
It is apparent that although Brent Harvison admitted the conduct, he did not consider these communications inappropriate because they took place as part of his provision of pastoral care to students in his role as year coordinator. He acknowledged conversations with a number of students on facebook about the size of penises and masturbation. He makes comments justifying these communications:
I suppose being 2010, which is, these guys were year 9, I was trying to develop relationships with these kids.[22]
It was part of my role to teach human relationship education.[23]
[22] Affidavit of KLM page 34.
[23] Affidavit of KLM page 35.
When asked whether he was authorised to tell a child to regularly masturbate particularly via facebook he said ‘… in our course we would deliver that regular masturbation would be considered safe and healthy’.[24]
[24] Affidavit of KLM page 35.
In relation to the allegation that he sent identical messages to 2 students to the effect that he had found their profiles on a dating website indicating they were bisexual and that he was supportive of their bisexuality, he said that he ‘had offered his support because as year coordinator, he had looked after everything that is outside the student’s academic life’.[25]
[25] Affidavit of KLM page 23.
We note it was acknowledged by the school principal that sex education was a minor component of a pastoral care program for the students. He said however that it would not have been the role of Brent Harvison as year coordinator to provide that information, but instead, the school based youth health nurse would have been responsible for the presentation.[26]
[26] Affidavit of KLM page 85.
We accept, in relation to these allegations, QCT’s submissions that, there is no valid educational context to privately and repeatedly asking male students about the size of their penis, quizzing them on their sexuality or encouraging them to masturbate frequently. Brent Harvison’s use of sexual health should be regarded as a pretext and not a legitimate exercise in pastoral care.
Allegations where Brent Harvison has made no admissions
The facts supporting the balance of the remaining allegations are not admitted by Brent Harvison. The Tribunal is satisfied however from the evidence contained in statements from other witnesses and from the printouts of electronic communications between Brent Harvison and students (all detailed below) that the facts the subject of the allegations are established. These allegations are as follows:
§Between 1 January 2009 and 31 December 2009 whilst employed as a teacher at the state high school, Brent Harvison, without a valid educational context, engaged in electronic communication that was over familiar and sexualised with student G.
§On a date unknown between 1 January 2011 and 31 December 2012 whilst employed as a teacher at the state high school, Brent Harvison, without a valid educational context, in the presence of students, made a sexualised comment about G, namely that he had lost his virginity.
These allegations involve the same student.
That student has provided a statement which details that between June 2009 and December 2009 he communicated with Brent Harvison via facebook and that during these conversations Brent Harvison discussed masturbation and stated to the effect that he could see that the student was possibly bisexual or gay.
He also confirms that during a conversation in the presence of other students Brent Harvison made a comment that G (at that stage a former student) had lost his virginity.[27]
§On a date unknown between 1 January 2008 and 31 December 2008 whilst employed as a teacher at the state high school Brent Harvison without a valid educational context, engaged in over familiar and sexualised web cam conversations with a student H.
[27] Affidavit of KLM pages 472 – 475.
H was a student at the high school between 2006 and 2010. Brent Harvison taught him in years 9, 10 and 12 and had involvement with him through sports.
Student H and his mother have given a statement.[28]
[28] Affidavit of KLM pages 512 – 539, 24; Affidavit of KLM pages 478 – 510.
The statements evidence that in approximately June or July 2008 Brent Harvison and student H were communicating via webcam.
Brent Harvison stated to H that he was going to have a shower and asked him to whether he wanted to watch him get changed.
§Between 1 January 2009 and 31 December 2010 whilst employed as a teacher at the state high school Brent Harvison without a valid educational context, engaged in electronic communication including over familiar and sexualised communication with student H.
The evidence to support this allegation can be found in the transcript of the telephone interview with the student, printouts from the student’s facebook account and an email between Brent Harvison and the student.[29]
[29] Affidavit of KLM pages 287 - 320, 284.
The social media conversations included discussions about which students at the school could be gay, whether H would ever be gay and whether H was circumcised, his penis size and masturbation.
§On a date unknown between 1 January 2009 and 31 December 2010 whilst employed as a teacher at the state high school, Brent Harvison without a valid educational context, had inappropriate physical contact with student H.
The student says he went to Melbourne as part of a sporting tournament and Brent Harvison was with the team as the coach.
After the game Brent Harvison offered to give H a back massage at the apartment where the students were staying. Brent Harvison did give him a back massage while lying on the floor.[30]
§Between September 2011 and 10 January 2012 whilst employed as a teacher at the state high school, Brent Harvison without a valid educational context engaged in over familiar and sexualised communication with a student I.
§Between 1 November 2011 and 31 December 2011 whilst employed as a teacher at the state high school Brent Harvison without a valid educational context, attempted to privately meet with student I.
[30] Affidavit of KLM page 522.
At the relevant time, Brent Harvison was student I’s year coordinator. The student was a year 10 student between July 2011 and December 2011 and was living away from home.
The evidence from this student is provided in a police statutory declaration (including annexure of facebook printouts)[31] and a transcript interview with the student.[32]
[31] Affidavit of KLM pages 199 - 204, 205 – 220.
[32] Affidavit of KLM pages 221 – 231.
It is apparent that Brent Harvison asked the student to reveal whether he was gay, bisexual or straight by indicating one of three planks on a bench. The student indicated the middle plank meaning that he was bisexual.
That night Brent Harvison sent the student a facebook message
Heya buddy – not supposed to use this BUT considering our convo today, I think we are both pretty good with secrets!! Just wanted to make sure you were feeling good about our chat today!?? I know it was on my mind in a good way this afternoon! (J) Thanks for being so brave and being able to talk to me about it man! Even if you had to tap the chair (J)
There was then ongoing facebook communication between the student and Brent Harvison concerning the familiar theme of size of penises, circumcision and masturbation.[33]
[33] Affidavit of KLM pages 201, 205, 226 – 228.
Student I also gave evidence that toward the end of 2011 Brent Harvison suggested to him that they should continue their conversations at his house. He proposed an arrangement where they could accidentally meet at a shopping centre then go back to Brent Harvison’s house. An arrangement was made however the student made up an excuse to get out of the arrangement because he knew that ‘it was fishy’.[34]
§On a date unknown between 1 January 2009 and 31 December 2009 whilst employed as a teacher at the state high school Brent Harvison without a valid educational context, discussed student J’s sexuality.
[34] Affidavit of KLM page 227.
The student gave evidence relating to this allegation in his interview.[35] The student at the relevant time was in year 9 and his sister was in Brent Harvison’s class. Brent Harvison on a date unknown sent J’s sister a facebook message asking whether she thought the student would ‘end up gay’. Student J said he saw the message and ‘it was kind of weird’.[36]
§Between 1 January 2009 and 9 September 2012 whilst employed as a teacher at the state high school, Brent Harvison, without a valid educational context, engaged in electronic communication including over familiar and sexualised communication with student J.
[35] Affidavit of KLM pages 335 – 355.
[36] Affidavit of KLM page 345.
Student J’s statement of interview and printouts from his facebook account support this allegation.[37]
[37] Affidavit of KLM pages 191 – 198.
At some point before 5 March 2012 the student’s facebook account was changed to display that he was bisexual.
On 5 March 2012 Brent Harvison sent him a facebook message which included ‘ssshhhh (not allowed to send stuff on here to students so our secret)’.
That message went on to discuss volleyball matters and then concluded with the following:
nice profile pic and info by the way! (interested in male and female ay?) Good on you for being open and honest matey! Would be proud of you if that’s the truth and ya being yourself bud. Very very proud of you. Not many have that confidence bud!)[38]
[38] Affidavit of KLM page 191.
Student’s J’s evidence was to the effect that his sister had changed his facebook profile as a joke.
§On an unknown date between 1 January 2012 and 30 June 2012 whilst engaged as a coach of a sporting team Brent Harvison engaged in over familiar and sexualised communication with a child namely K.
QCT provided a transcript of an interview with K.[39]
[39] Affidavit of KLM pages 321 – 334.
His evidence was that he communicated with Brent Harvison on facebook. K initially contacted Brent Harvison for advice about volleyball. Subsequently the conversation went down a different path and K said that during one communication he was asked by Brent Harvison whether he was a ‘shower or a grower’ which he said was a reference to penis size.[40]
§On an unknown date between 1 January 2012 and 31 December 2012 whilst engaged as a coach of a Volleyball team Brent Harvison engaged in over familiar and sexualised communication with a child namely L.
[40] Affidavit of KLM page 325.
This allegation is supported by way of L’s evidence in an interview and a printout from L’s facebook account.
Brent Harvison made a comment to the student to the effect that ‘you need to work on your wrist strength if you know what I mean’ and that he should do that ‘in your alone time’. The student took these comments as a reference to masturbation.[41]
§On 4 August 2012 whilst employed as a teacher at the state high school, without a valid educational context, Brent Harvison made a sexualised comment in the presence of students.
[41] Affidavit of KLM pages 431 – 434.
The allegation is supported by the transcript of interview with other staff members and students.[42]
[42] Affidavit of JSG pages 377 - 407; Affidavit of KLM pages 472A - 475 and 378 - 394.
Whilst students and staff were staying in motel accommodation out of Brisbane during a sporting competition in the presence of students, Brent Harvison made comments about another staff member continually touching his crotch while playing.[43]
§On 4 August 2012 whilst employed as a teacher at the state high school, without a valid educational context, Brent Harvison had physical contact with 2 year 12 students.
[43] Affidavit of JSG page 387; Affidavit of JSG page 474; Affidavit of KLM page 387.
This allegation is supported by the evidence of another staff member and her contemporaneous notes.[44]
[44] Affidavit of JSG pages 377 - 407 and 38 – 39.
Her evidence was that whilst the school staff and students were in a motel away from Brisbane for a sporting competition the students approached Brent Harvison who greeted one by touching his cheek and stating words to the effect ‘how did you go today B?’ Then at about the same time, Brent Harvison played with the zipper on the front of another student’s tracksuit by moving it up and down numerous times.[45]
§Between 16 November 2012 and 30 December 2012 whilst employed as a teacher at the state high school Brent Harvison engaged in sexual discussions and acts, via electronic media, with and/or directed to a recent former student D.
[45] Affidavit of KLM pages 393, 395.
The allegation is supported by a statement from the former student, printouts from his facebook account and skype account.[46]
[46] Affidavit of KLM pages 232 - 235, 236 - 275, 276 – 277.
Brent Harvison had communicated with D’s brother (also a student on facebook). After graduating from the school, D contacted Brent Harvison and discussed with him the fact that Brent Harvison had spoken with his brother about his sexuality rather than him.
On 29 December 2012 former student D sent Brent Harvison a facebook message and they engaged in chat including general discussion of sexual matters.[47]
[47] Affidavit of KLM pages 248 – 257.
Former student D had asked Brent Harvison to accept his facebook friend request and Brent Harvison replied that he would have to ‘earn it’ and suggested by doing a ‘nudey run’.[48]
[48]Affidavit of KLM page 257.
They engaged in a skype video link for a short duration during which time Brent Harvison lay naked on the couch and he was playing with his penis.[49]
[49]Affidavit of KLM page 234.
D described himself feeling ‘weirded out after that as it was a bit unexpected’.[50]
§On a date between 8 October 2012 and 12 October 2012 shortly before the commencement of a year 10 health and physical education class, student C was walking towards the change rooms when Brent Harvison said words to him to the effect of ‘I bet you’re just going into the toilet for a wank’.
[50]Affidavit of KLM page 234.
This allegation is supported by the evidence of this student given in an interview.[51]
§Between 1 January 2007 and 31 December 2012 whilst employed as a teacher at the state high school, Brent Harvison, without a valid educational context, habitually touched male students’ hair, neck, back and shoulder area and hugged them.
[51]Affidavit of JSG page 339.
The allegation is supported by the statement of another staff member[52] and a number of students.[53]
§Between 1 January 2008 and 31 December 2012 whilst employed as a teacher at the state high school Brent Harvison without a valid educational context communicated via facebook with a student M. This allegation is supported by the statement of the student who said that he communicated with Brent Harvison via facebook private messages and talked to Brent Harvison in the same way he spoke to his friends.[54]
[52]Affidavit of KLM page 473.
[53]Affidavit of KLM pages 341, 476, 182, 463, 468, 413 - 422, 404, interview with student 230, interview with student KLM 361.
[54]Statement of student KLM pages 460 and 461.
The Tribunal is satisfied on the basis of the evidence set out above that these allegations have been established to the requisite standard of proof.
Is Brent Harvison suitable to teach?
The Tribunal has no difficulty in finding that the conduct the subject of the allegations is ‘disgraceful or improper and that shows unfitness to be registered’ and demonstrates that Brent Harvison ‘is not suitable to teach’.[55]
[55] The Act ss 12(3)(a) and (b).
The Tribunal accepts the QCT’s submissions that the features of the allegations include:
§ Prolific conduct which amounts to a campaign of grooming.
§ Sexual conduct with a considerable number of students, former students and non students with whom Brent Harvison was in a position of trust. The sexual conduct included:
i.sexualised communication in person and via electronic media;
ii.inviting a student to watch him undress;
iii.exposing a recent former student to a sexual act and inviting him to respond in a similar way.
§ Inappropriate touching and massaging of students.
§ Inviting a student to attend his residence.
§ The conduct was lengthy in duration occurring over 5 years from 2009 to 2012.
§ Brent Harvison had been a teacher between 2 years and 6 years at the time of the relevant conduct. He was in a position of responsibility at the state high school being the year coordinator. He openly flouted the breaches of the code of conduct.
§ There was no evidence of insight on behalf of Brent Harvison. Where he admitted the conduct alleged he attempted to justify the conduct by insisting that the communications were part of his role in the provision of pastoral care to the student.
The Tribunal finds that the conduct was disgraceful, improper and shows an unfitness to be registered. Brent Harvison is not suitable to teach.
Appropriate sanctions
QCT submits that an appropriate sanction is cancellation and prohibition on registration for a period of 5 years. They also seek an order that the application for reregistration must be accompanied by a psychologist report which would include an assessment of Brent Harvison’s appreciation of certain matters.
They have referred the Tribunal to a number of comparative cases. The only other matter where a prohibition of 5 years was ordered was in a matter where a 50 year old experienced teacher established relationships and tested boundaries with 3 primary school aged children. There were grooming behaviours.[56]
[56] Queensland College of Teachers v Armstrong OCR010-10.
Other similar matters included:
§ A 26 year old teacher engaging in appropriate online chats with a student for the purpose of sexual gratification. The teacher’s registration was cancelled and he was prohibited from reapplying for a period of 3 years.[57]
§ A 38 year old female teacher showed pornography to several male students, and when the others left she engaged in oral sex with the complainant a few months after his leaving school. The teacher’s registration was cancelled for 3 years.
§ An experienced teacher engaged in inappropriate electronic communication with a 14-16 year old former student over a 3 year period which progressed into over familiarity and sexual communication. It was found to be grooming a student for sex. The teacher had cooperated with the disciplinary process. He was prohibited for 3 years.[58]
[57] Teachers Disciplinary Committee matters of Bailey TDC 26 June 2009.
[58] Teachers Disciplinary Committee matter of Mann TDC 14 October 2009.
These matters were decided when the maximum prohibition period was 5 years. The legislation now provides for unlimited number of years prohibition.[59]
[59] The Act s160(j).
In this case the sexual misconduct towards the students is prolific and it is accepted that it amounts to a campaign of grooming. The mitigating factor against a life ban is that there are no allegations of a sexual relationship with any student. The Tribunal accepts that the appropriate disciplinary action is as submitted by the College namely a prohibition for 5 years.
Order
The Tribunal orders that:
1. Under section 160(2)(d) and (j) of the Education (Queensland College of Teachers) Act 2005 (Qld) Brent Anthony Harvison’s teacher registration is cancelled and he is prohibited from applying for registration or permission to teach for 5 years from the date of the suspension namely 28 February 2013.
2. Under section 160(2)(i) of the Education (Queensland College of Teachers) Act 2005 (Qld), the register be endorsed with a notation that any application by Brent Anthony Harvison for reregistration be accompanied by a psychologist report which includes assessment of Brent Anthony Harvison’s appreciation of the following:
i.Differentiating between personal and professional relationships;
ii.The legal obligations of teachers and tutors;
iii.Development and maintenance of professional standards when working with young people and actively determining and implementing professional boundaries with individual students;
iv.Risk assessment and early issue identification of potentially problematic situations and venues as well as initiating realistic solutions for avoiding the risk of harm to students;
v.The extent and nature of the student, colleague, parental and community trust inherently invested in a teacher or tutor;
vi.Personal and social behaviour that would compromise the professional standing of a teacher and the profession of teaching;
vii.Understanding the effect of inappropriate relationships with students;
viii.The trust and power granted to a teacher;
ix.Understanding of and importance of full adherence to the Queensland College of Teachers Code of Ethics.
3. The psychological report to include:
i.An indication by the psychologist about whether the psychologist is satisfied that Brent Anthony Harvison has adequately understood and addressed the above points;
ii.Confirmation of the psychologist being provided with copies of:
a)The disciplinary decision;
b)The “amended referral of a disciplinary matter”.
Non publication
It is noted that an order has been made by the Tribunal prohibiting the publication of the names, addresses and schools of the children referred to in the disciplinary matter.
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