Queensland College of Teachers v Jacob
[2010] QCAT 503
•11 October 2010
| CITATION: | Queensland College of Teachers v Jacob [2010] QCAT 503 |
| PARTIES: | QUEENSLAND COLLEGE OF TEACHERS v GRAHAM STANLEY JACOB |
| APPLICATION NUMBER: | OCR105-10 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 23 AUGUST 2010 |
| HEARD AT: | BRISBANE |
| DECISION OF: | M MCLENNAN – Presiding Member B DAY - Member P HANLEY - Member |
| DELIVERED ON: | 11 October 2010 |
| DELIVERED AT: | BRISBANE |
ORDERS MADE: | 1. Pursuant to s.161(2)(c) of the Act, had Graham Jacob been an approved teacher, on the basis of his professional misconduct the tribunal would have made an order cancelling his registration. The tribunal orders that Graham Jacob, a former approved teacher, is prohibited from reapplying for registration or permission to teach for not more than 5 years from the day this order is made. 2. Pursuant to s.161(2)(d) of the Act the tribunal orders that the following notation about Mr Jacob be entered in the register: (a) That prior to reapplying for registration as a teacher, Graham Jacob consult an independent registered psychologist for counselling or therapy and he provide the psychologist with the following documents: (i) the report pages 1- 365 from the QCT investigation dated 31 December 2009 provided to the PP&C Committee and which is the QCT evidence before the tribunal; (ii) the QCT submissions and further outline of submissions to the tribunal dated 5 July 2010; (iii) these reasons for decision and this order (b) That the counselling or therapy cover the following topics: (i) awareness of what is and what is not appropriate communication with staff members and with students; (ii) awareness of what is inappropriate physical contact with a staff member; (iii) awareness of appropriate professional boundaries with staff members and students; (iv) awareness of the nature of the community trust inherently invested in a teacher; (v) awareness of behaviour that may compromise the professional standing of a teacher and the profession of teaching; and (vi) understanding and full adherence to the QCT Code of Ethics and policies. |
| CATCHWORDS : | Education (Queensland College of Teachers) Act 2005; former approved teacher; not suitable to teach; prohibited from reapplication for maximum period; |
APPEARANCES and REPRESENTATION (if any):
Heard on the Papers
REASONS FOR DECISION
In an application dated 29 April 2010 the Queensland College of Teachers (“QCT”) applied to the Queensland Civil and Administrative Tribunal (‘the tribunal”) for an order under s.161(2)(c) of the Education (Queensland College of Teachers) Act 2005 (“the Act”) prohibiting Mr Jacob from reapplying for teacher registration or permission to teach for five years, which is the maximum period provided under the Act. The QCT submitted that the basis of the disciplinary action against Mr Jacob was established pursuant to s92(1)(h) of the Act that: “the teacher is not suitable to teach.”.
Background
The QCT was in receipt of “disciplinary information” as defined by s.91 of the Act. By letter dated 11 September 2007 the Investigation Officer, Office of Health Practitioner Registration Boards informed the QCT of the outcome of an investigation into allegations of sexual misconduct and harassment against Mr Jacob. Attached to the letter was the Psychologists Board of Queensland (“PBQ”) investigation report dated 19 July 2007.which was released to the QCT with the approval of the Minister for Health. In the course of conducting the investigation, the PBQ noted that Mr Jacob, as well as being a registered psychologist, was also a teacher employed by Education Queensland between 1986 and 2003. The report’s information raised concerns about Mr Jacob’s conduct which might impact on his registration as a teacher in Queensland.
Pursuant to s.87 of the Act the complainant in this matter is the PBQ.
By notice dated 10 February 2008 the QCT authorised pursuant to s.98 of the Act an investigation into the disciplinary matter. Upon receipt of the written report pursuant to s.201(2)(a) of the Act the Professional Practice and Conduct Committee (“the PP&C Committee”) on 16 April 2010 decided to refer the matter to the tribunal.
Mr Jacob was first registered as a teacher in Queensland on 16 March 1978. At the time of the conduct he was an approved teacher.
In March 2008 Mr Jacob requested his name be removed from the register of teachers. His teacher registration was cancelled and his name removed from the Register of Approved Teachers on 30 June 2008. The tribunal notes the s.223 certificate which evidences Mr Jacob’s status. Mr Jacob is currently a “former approved teacher” as defined in Schedule 3 of the Act. As a former approved teacher, the relevant disciplinary provision is contained within s.161 of the Act.
The facts and circumstances forming the basis of the grounds for disciplinary action are:
A. While employed as a teacher at a State College in a north west Queensland location from 14 July to 5 December 2003 Mr Jacob inappropriately communicated, including of a sexual nature with staff members as follows:
(a) he made unwanted telephone calls to three [named] female staff members;
(b) he made sexually explicit proposals over the phone to staff members including:
(i) saying to [name] words to the effect of “I feel off . . . what I really need is a good fuck”;
(ii) saying to [name] “I am having salad with beetroot. I like a good root. I miss you [name]”
(c) Making inappropriate comments to staff members including:
(i) saying to [name] in the context of inviting her camping, words to the effect of “. . . so I can just hold you, hug you and sit with you.”
(ii) saying to [name] words to the effect of “A man like me would suit you in a marriage. You need a man like me.”
B. While employed as a teacher at a State College in a north west Queensland location from 14 July to 5 December 2003 Mr Jacob behaved inappropriately, including of a sexual nature, with staff members as follows:
(a) Inappropriately touching [name] including:
(i) massaging her neck;
(ii) at a particular event, putting his hands around [name] waist, touching her stomach from behind and rubbing her stomach;
(iii) on 23 August, following drinks before the Teachers’ Ball, hugging [name] and continuing to hold her with his left hand around her waist and shoulder when she stepped back, saying “you can do better than that” and kissing her on the lips.
(b) Inappropriately touching [name] including:
(i) touching her on the arm and sliding his hand downwards;
(ii) at a [named] event, leaning on [name’s] left leg top thigh;
(iii) in the common room, touching her leg when talking to her;
(iv) touching her shoulders while she was working on the computers.
(c) Invading the personal space of [name] by standing approximately 20cm from her face and gyrating his hips while speaking to her.
(d) Entering [name’s] home uninvited.
C. While employed as a teacher at a State College in a north west Queensland location from 14 July to 5 December 2003 Mr Jacob made inappropriate comments to students, in particular:
(a) Mr Jacob said to students including [named student] words to the effect of “Give him a touch up. He needs a good touch up, the poofter” with reference to another student.
D. Mr Jacob crossed the boundary of professional conduct in his role as psychologist as follows:
(a) Mr Jacob had sexual intercourse with [name] which was inappropriate because:
(i) Mr Jacob was employed as a counsellor at a [named] Medical and Counselling Service;
(ii) the act occurred in Mr Jacob’s office where he provided counselling services to clients;
(iii) [Name] was an Indigenous female from a vulnerable and disadvantaged community; and
(iv) Mr Jacob gave alcohol and cigarettes to {name] in exchange for sexual intercourse.
(b) While employed as a counsellor at [named] Medical and Counselling Service, Mr Jacob behaved inappropriately towards participants attending a workshop at a coastal resort by:
(i) on the first evening, prior to the start of the workshop, making personal advances to [name], asking her about her availability, whether she had a partner and where she lived;
(ii) saying to [name of male] “Come up to my room and I will rub it for you” in response to [name’s] comment that he had a sore back; and
(iii) inappropriately touching participants, including:
1. putting his hand on [name of male’s] leg;
2. grabbing [name of female] by the shoulder, spinning her around and then patting her on the buttocks as she walked away.
(c) While employed as a counsellor at [named] Medical and Counselling Service, Mr Jacob accessed pornographic material on his computer.
E. Mr Jacob breached policies of his professional registration body that are aimed to uphold the standards of the teaching profession; maintain public confidence in the teaching profession; and to protect the welfare and best interests of children.
10. On 28 July 2010 the tribunal scheduled a compulsory conference pursuant to s.67 of the Act. As a result of that conference a Statement of Agreed Facts was drafted.
11. At the compulsory conference Mr Jacob submitted and it was accepted by the QCT that:
(a) he acknowledged and has repeatedly expressed his remorse for his conduct the subject of the disciplinary action;
(b) he was desirous of placing the matter behind him as it occurred some time ago;
(c) in acknowledging his conduct, he has endeavoured to put in place measures to ensure he will never again behave in such a manner;
(d) he has no desire to return to teaching in the foreseeable future;
(e) he accepted the order sought by the QCT by way of penalty.
12. On 13 August 2010 Mr Jacob emailed the tribunal’s senior case manager acknowledging his receipt of the draft Statement of Agreed Facts and advising that he was prepared to sign the Statement of Agreed Facts as it stood; he did not wish to have an oral hearing and would abide by the tribunal’s decision on the papers.
13. In an email dated 19 August 2010 Mr Jacob advised the senior case manager that he would not make any submissions in relation to the penalty or the agreed facts and awaited the tribunal’s decision.
Discussion
14. The tribunal notes that Mr Jacob is now 65 years of age, was 41 years of age in 1986 and 58 years of age in 2003. The point is that he was, at the times of his conduct requiring disciplinary action from both the PBQ and the QCT, mature in years. Given his university qualifications, particularly in psychology, he was in a position to know, more so than the average person, how inappropriate and offensive his professional misconduct was.
15. Mr Jacob’s misconduct has been in his capacity as a registered teacher and as a registered psychologist. This tribunal confines itself to the evidence and the sanction in relation to his registration as a teacher. However, the tribunal notes the repetitive nature of his professional misconduct as registered teacher as well as registered psychologist. The misconduct has been consistently sexual in nature, vulgar, suggestive and unwelcome. There were numerous complainants of the behaviour. It demonstrates incapacity to recognise and establish professional boundaries.
16. Of concern to the tribunal is the fact that alcohol is regularly associated with Mr Jacob’s behaviour[1]; that he demonstrates limited insight into his conduct[2] and his memory is selective.[3] The tribunal further notes that Mr Jacob’s misconduct has been mainly in remote areas.
[1] For example pages35 and 303 QCT file of evidence: “She had also received inappropriate phone calls from Mr Jacob where he was drunk.”
[2] For example pages 36 – 39 QCT file of evidence.
[3] For example pages 36 – 39 QCT file of evidence.
17. The tribunal has noted Mr Jacob’s expression of remorse. The tribunal has also noted the report dated 6 December 2004 addressed to the Director of Human Resources Education Queensland from the psychologist whom Mr Jacob consulted over a 12 month period in relation to his “sexual harassment and unprofessional conduct”.[4] The tribunal notes that the psychologist and Mr Jacob had known one another for “a lengthy number of years” and have worked together professionally.[5] Other than this report, and expressions from Mr Jacob that he does not want to repeat his behaviour[6] there is little evidence to persuade the tribunal that underlying causes of this behaviour have been adequately addressed.
[4] Page 200 QCT file of evidence.
[5] Pages 201 – 202 QCT file of evidence.
[6] Page 204 QCT file of evidence.
18. The tribunal appreciates that remote areas in Queensland have difficulty in attracting qualified teaching personnel. It is of concern to the tribunal to ensure the maintenance of public confidence in the teaching profession and the protection of vulnerable Indigenous people in remote areas.
19. The tribunal notes that Mr Jacob has accepted in the Statement of Agreed Facts that he has acted with professional misconduct as a registered teacher.
20. The tribunal accepts the QCT submission that Mr Jacob is not suitable to teach in a child related field pursuant to s.12(1)(b)) and that he has behaved in a way that: does not satisfy a standard of behaviour generally expected of a teacher. The tribunal finds that the basis of the disciplinary action against Mr Jacob is established pursuant to s92(1)(h) of the Act.
21. The tribunal’s order is in accordance with what the parties have jointly submitted and agreed however with conditions that reflect the tribunal’s concerns in this matter.
Order
22. Pursuant to s.161(2)(c) of the Act, had Graham Jacob been an approved teacher, on the basis of his professional misconduct the tribunal would have made an order cancelling his registration. The tribunal orders that Graham Jacob, a former approved teacher, is prohibited from reapplying for registration or permission to teach for not more than 5 years from the day this order is made.
23. Pursuant to s.161(2)(d) of the Act the tribunal orders that the following notation about Mr Jacob be entered in the register:
(a)That prior to reapplying for registration as a teacher, Graham Jacob consult an independent registered psychologist for counselling or therapy and he provide the psychologist with the following documents:
(i)the report pages 1- 365 from the QCT investigation dated 31 December 2009 provided to the PP&C Committee and which is the QCT evidence before the tribunal;
(ii)the QCT submissions and further outline of submissions to the tribunal dated 5 July 2010;
(iii)these reasons for decision and this order
(b) That the counselling or therapy cover the following topics:
(i)awareness of what is and what is not appropriate communication with staff members and with students;
(ii)awareness of what is inappropriate physical contact with a staff member;
(iii)awareness of appropriate professional boundaries with staff members and students;
(iv)awareness of the nature of the community trust inherently invested in a teacher;
(v)awareness of behaviour that may compromise the professional standing of a teacher and the profession of teaching; and
(vi)understanding and full adherence to the QCT Code of Ethics and policies.
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