Queensland College of Teachers v Seuntjens
[2010] QCAT 498
•8 OCTOBER 2010
| CITATION: | Queensland College of Teachers v Seuntjens [2010] QCAT 498 |
| PARTIES: | QUEENSLAND COLLEGE OF TEACHERS |
| v | |
| ALBERT SEUNTJENS |
| APPLICATION NUMBER: | OCR003 - 09 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 17 SEPTEMBER 2010 |
| HEARD AT: | BRISBANE |
| DECISION OF: | M MCLENNAN – Presiding Member B DAY - Member P HANLY - Member |
| DELIVERED ON: | 8 OCTOBER 2010 |
| DELIVERED AT: | BRISBANE |
ORDERS MADE: | 1. Pursuant to s.160(2)(d) the tribunal orders that Mr Seuntjens’ registration or permission to teach is cancelled as at the date of this decision. 2. It is further ordered that pursuant to s.160(2)(j) Mr Seuntjens is prohibited from reapplying for registration as a teacher for not more than 5 years from the date of this decision. 3. The tribunal further orders that pursuant to s.160(2)(i) in the event that Mr Seuntjens seeks registration as a teacher in Queensland, the following notation about Mr Seuntjens be entered in the register: A. he must consult a registered psychologist for counselling or therapy and he must provide the psychologist with the following documents: a) the documents listed (i) to (xii) in paragraph 13 of the reasons for decision; and b) the remaining reasons for decision and this order; and B. Mr Seuntjens must provide the QCT with a detailed psychologist’s report which demonstrates that he has addressed the following issues: i. the development and maintenance of professional standards when working with young people; ii. awareness of and commitment to what is appropriate physical contact and communication in a teacher and student relationship; iii. an in-depth examination of the extent and nature of the student, parental and community trust invested in a teacher; iv. awareness of behaviour that may compromise the professional standing of a teacher and the profession of teaching; and v. understanding and full adherence to the QCT Code of Ethics and policies. |
| CATCHWORDS : | Education (Queensland College of Teachers) Act 2005; approved teacher; not suitable to teach; prohibited from reapplication for maximum period |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT : | Mr J Gormley Principal Legal Officer |
| RESPONDENT: | No Appearance |
REASONS FOR DECISION
In a Referral of Disciplinary Matter to the Queensland Civil and Administrative Tribunal (“the tribunal”) dated 8 April 2010 the Queensland College of Teachers (“QCT”) stated that on the basis of “disciplinary information” as defined by section 91 of the Education (Queensland College of Teachers) Act 2005 (“the Act”) received by the QCT, a reasonable belief was formed that a ground for disciplinary action was established pursuant to s92(1)(h) of the Act that: “the teacher is not suitable to teach.” Mr Seuntjens is an “approved teacher” as defined in the Act.
On 27 February 2009 the Assistant Director, QCT authorised, pursuant to section 97 of the Act, the referral of the matter relating to registered teacher, Albert Seuntjens to the Teachers Disciplinary Committee. The tribunal acquired jurisdiction in relation to the matter on 1 December 2009.
In a direction dated 7 May 2010, the tribunal ordered that under section 66 of the Queensland Civil and Administrative Tribunal Act 2009 the complainants’ names, addresses, the name and location of the school not be published.
Basis of disciplinary action
That while employed as a Teacher at [North Queensland] State High School, Albert Seuntjens:
Engaging in a Inappropriate Relationship with Student[1]
1. [1] It is noted that in circumstance 1. and 2, LT was not a complainant. She was however a student at the school at the relevant time.
2.
Between 1 April 2006 and 31 July 2006, Albert Seuntjens engaged in an inappropriate relationship with student L T involving;
(a) Engaging in and maintaining a sexual relationship; and
(b) L T attending Albert Seuntjen's private residence on occasions including staying overnight
That between 1 August 2006 and 31 December 2008, Albert Seuntjens maintained contact with student L T through email, letters and telephone.
Inappropriate Physical Contact/Attempted Inappropriate Physical Contact
During Camp conducted in August 2007 at Little Mulgrave Island
That during August 2007 at Little Mulgrave Island while conducting a school based camp, following an activity when students had to select products from which they could build a house, Albert Seuntjens inappropriately touched student Y M by shaking her hand and then reaching around and giving her a hug with one arm.
3A)That during August 2007 at a leadership camp, some students swore at Albert Seuntjens in German. Albert Seuntjens slapped student N B on the bottom and said to her “what does that mean?”.
During Diving Course conducted 1 to 2 & 8 &9 September 2007 at Cairns
That on or about 8 September 2007 at Cairns while conducting a school based diving course, Albert Seuntjens inappropriately touched student K K by putting his arm around her shoulder and leaning in towards her.
That on or about 9 September 2007 while conducting a school based diving course, Albert Seuntjens inappropriately touched and/or attempted to inappropriately touch students as follows:
(a) While walking towards a dive boat, Albert Seuntjens walked up behind student M B and touched her on her hip with one hand.
(b) While on a dive boat:
1. While student Y M was seated at a table with her feet on the table, Albert Seuntjens massaged one of her feet;
2. After finishing massaging Y M's feet (as above), Albert Seuntjens offered to massage student A C's feet;
3. While student Y M was seated at a table, Albert Seuntjens drew lines between mosquito bites that were on her leg;
4. As student A C moved past him to a seat at a table, Albert Seuntjens touched her on the bottom with his hand and held his hand on her bottom for a couple of seconds;
5. Shortly after the above, when student A C asked Albert Seuntjens the name of an island, Albert Seuntjens put his arm around her shoulder and pulled her close to his body;
6. As student S P walked past Albert Seuntjens into the door of a cabin, Albert Seuntjens smacked her on the bottom with his hand;
7. When student M B returned to the dive boat after a dive and was wearing diving gear, Albert Seuntjens called her over to him, hugged her and held her for a few seconds;
8. At a time when student M B had returned to the dive boat and had removed her diving gear, Albert Seuntjens approached her and hugged her such that his body was touching hers;
9. When student A C asked Albert Seuntjens, whether they could go to McDonald's, Albert Seuntjens put his around her shoulder and pulled her close to his body.
(c) While walking to the bus when returning from diving, Albert Seuntjens placed his elbow on student M B's left shoulder and leaned on her.
(d) At the Cairns Lagoon, around a time when the students were wetting each other with water bottles, Albert Seuntjens:
1. Twice smacked student Y M on the bottom while she was being held by student G D[2];
2. Approached student A S, forced her to the ground and lay on top of her.
During Camp conducted 15 – 16 September 2007 at Cape Tribulation
[2] A male student attending the high school
That on or about 15 September 2007 at Cape Tribulation as part of school based camp, while sitting next to student J K at a campfire on a beach, Albert Seuntjens inappropriately touched student J K as follows:
(a) When student J K's hand was on the ground beside her, Albert Seuntjens placed his little finger over her hand and held his hand there for several minutes.
(b) After student J K left the campfire for a period and returned, at a time when her hand was on her thigh Albert Seuntjens:
1. Touched her finger; and
2. Moved his hand on top of hers so as to cover her hand.
(c) Shortly after the above, when student J K's moved her hand off her thigh, Albert Seuntjens:
3. Held her hand;
4. Stroked her hand with his thumb; and
5. Stroked her thigh with his thumb.
That on or about 16 September 2007 at Cape Tribulation as part of school based camp, while seated at a table during breakfast, Albert Seuntjens inappropriately touched student J K by touching and stroking her toes and foot with his toes.
That on or about 16 September 2007 at Cape Tribulation as part of school based camp, while walking on or near a beach, Albert Seuntjens inappropriately touched student J K by massaging her shoulders.
That on or about 16 September 2007 at Cape Tribulation as part of school based camp, while walking on or near a beach, Albert Seuntjens inappropriately touched student A S by picking her up over his shoulder.
In a letter dated 3 June 2010 addressed to the tribunal from Mr Andrew Knott of Macrossans Lawyers he advised that his client Mr Seuntjens did not wish to participate further in these proceedings; made no admissions in respect of the allegations brought against him and instructed the law firm to withdraw from the proceedings but continue to act as the address for service.
In a notice dated 17 August 2010 addressed to Mr Seuntjens at Macrossans Lawyers, the tribunal’s senior case manager notified Mr Seuntjens of the hearing to be held on 17 September 2010.
Background
On 18 September 2007 a complaint was received in the Ethical Standards Unit of Education Queensland from eight German students at [North Queensland] State High School in relation to Mr Seuntjens’ behaviour towards them in a variety of educational situations. In a letter dated 19 October 2007 the QCT advised Mr Seuntjens that the Queensland Police Service had advised the QCT that on 16 October 2007 he was charged with one count of sexual assault[3] and eleven counts of common assault[4]. The particulars of the offences involved eight female students whose ages ranged between 15 and 17 years.
[3] Criminal Code s.352
[4] Criminal Code s.335
10. Section 48 of the Act stipulates that if an approved teacher is charged with a disqualifying offence, the QCT must immediately suspend the teacher’s registration or permission to teach pending the charge being dealt with. “Disqualifying offence” is cross referenced in Schedule 3 of the Act to the meaning of that term in s.120B of the Commission for Children and Young People and Child Guardian Act 2000. An offence of sexual assault is a disqualifying offence. On 19 October 2007 Mr Seuntjens’ registration as a teacher was suspended.
11. On 5 June 2008 a committal hearing was held with Mr Seuntjens committed to stand trial in the District Court on two counts of common assault. The Director of Public Prosecutions subsequently advised that the charges did not proceed to trial.
12. On 4 March 2009 the Director, Ethical Standards Unit ordered an investigation into the complaint.
QCT submissions
13. Amongst the documents submitted to the tribunal and relied on by the QCT were:
(i)Bundle of Material (P1 – P288) including Witness Statements;
(ii)Investigation Report with attachments dated 2 February 2010 provided to the Ethical Standards Unit Bundle of Material (P1 – P36);
(iii)s.97 of the Act Referral of a Disciplinary Matter to the Teachers Disciplinary Committee dated 27 February 2009;
(iv)Amended s.97 of the Act Referral of Disciplinary Matter to the tribunal dated 8 April 2010;
(v)Correspondence to the tribunal dated 7 June 2010 applying to amend the amended s.97 referral through addition of allegation 3A;
(vi)Investigation Report by Department of Education and Training dated January 2010 (received by Notice to Produce);
(vii)Transcript of Interview with S K dated 22 October 2009;
(viii)Transcript of Interview with LT dated 4 December 2009;
(ix)Digital audio recording of Interview with W S dated 6 January 2010;
(x)Digital audio recording of Interview with G D dated 6 January 2010;
(xi)Certificate under s.223(e) of the Act evidencing Mr Seuntjens’ status as a teacher; and
(xii)QCT Written submissions dated 8 June 2010.
14. These documents were admitted as forming the file evidence before the tribunal.
15. Mr Gormley submitted that allegations 1 and 2 (“2006 allegations”) were very serious and the evidence supporting those allegations was strong. The evidence consists of departmental investigator interviews[5] with:
(i)LT, a 17 year old German exchange student who between April 2006 to July 2006 attended the high school at which Mr Seuntjens was an outdoor education teacher; and
(ii)in the case of LT, email exchange; and
(iii)SK who was Mr Seuntjens’ former partner and shared a house with him in 2006.
[5] The tribunal has adopted the QCT file references.
16. SK corroborated LT’s statement in relation to the intimate and sexual nature of the relationship between LT and Mr Seuntjens and to LT’s frequent attendance at his house including staying over the night.[6]
[6] See paragraph 160 page 10, paragraph 188 page 12 of Interview with SK dated 22 October 2009
17. SK reported that Mr Seuntjens told other teachers that LT was a university student[7]; and there was continued communication between Mr Seuntjens and LT after she returned to Germany.[8] SK referred to an incident in June 2006[9] when she first became aware of the relationship between Mr Seuntjens and LT[10]. She stated in the interview:
“I came home…and there was a girl in the house, they were just sitting outside but they were just about virtually on top of each other and [Mr Seuntjens] did not deny that there wasn’t anything going on. He said yep, it's all, all happening.”
[7] Ibid see paragraph 72 pages 5 to 6
[8] ibid paragraph 160 page 10 of Interview with SK dated 22 October 2009
[9] Ibid paragraphs 44 to 47 page 3
[10] Ibid paragraphs 164 to 174 page 11
18. Mr Gormley submitted the following particulars extracted from the interview with LT:
· On or about 31 May 2006 to 2 June 2006, LT participated as a student in a school camp at Snapper Island. Mr Seuntjens was performing duties as a teacher at this camp;
· Prior to the camp LT had participated in a number of activities in preparation for the camp[11];
[11] ibid
· During the camp, LT became attracted to Mr Seuntjens. LT felt the attraction was mutual;[12]
· LT asked Mr Seuntjens for his mobile number for the purpose of being able to contact him;[13]
· A few days after the camp, LT contacted Mr Seuntjens[14]. Her intention in contacting him was sexual in nature;[15]
· Within a few days of the camp,[16] LT and Mr Seuntjens met up with each other. At that time they had a “sexual experience”[17];
· After that time and for the duration that LT was a student at [North Queensland] State High School, LT and Mr Seuntjens maintained a “sexual relationship”[18];
· This included LT attending Mr Seuntjens' home at Clifton Beach on many occasions during the day and evening. It is probable that this included school days.[19]
· LT was aware that Mr Seuntjens was telling other teachers at [North Queensland] State High School that LT was a university student at James Cook University;[20]
· The relationship was not just a sexual relationship. It was an emotional relationship. LT describes her and Mr Seuntjens as being in love;[21]
· After LT returned to Germany, LT and Mr Seuntjens maintained communication via phone, email and mail.[22]
· The end of the relationship was in 2008 when LT returned to Australia;[23]
[12] See paragraphs 198 to 206 page 12 of 11 of Interview with LT dated 4 December 2009
[13] Ibid paragraph 169 page 10
[14] Ibid 191 page 11
[15] Ibid paragraph 193 page 12
[16] Ibid paragraph 211 page 12
[17] Ibid paragraphs 214 to 216 page 13
[18] Ibid paragraph 222 page 13
[19] Ibid paragraphs 242 to 251 page 14
[20] Ibid paragraphs 234 to 241 pages 13 to 14
[21] Ibid paragraph 297 page 16
[22] Ibid paragraphs 260 to 297 pages 14 to 16
[23] Ibid paragraph 307 page 17
19. In relation to allegations 3 to 9 (“the 2007 allegations”) these were the subject of criminal charges. There were eight German national exchange student complainants[24] aged between 15 and 17 years for whom Mr Seuntjens was the teacher for teacher for Outdoor Education. The allegations centre around 3 school based activities:
· a camp to Little Mulgrave in August 2007;
· a diving course conducted over 1/2 & 8/9 September 2007; and
· a camp to Cape Tribulation on 15/16 September 2007.
[24] The complainants were Y M (17 yrs), AC (16 yrs) , MB (16 yrs), KK (16 yrs), S P (16 yrs), JK (17 yrs), N B (17 yrs) and AS (15 yrs)
20. In the following list of allegations and for convenience, the tribunal has adopted the detailed submissions made by Mr Gormley:
Allegation 3[25]
[25] This allegation was not subject to criminal charges
21. The evidence in relation to this allegation consists of a statement from student YM. [26]
[26] See paragraph 5 of Police Statement of YM
22. YM states that in August 2007, the whole grade went on a leadership camp to Little Mulgrave. On the last evening of the camp, the students and teachers were playing a game involving students selecting products from which they could build a house. Mr Seuntjens was sitting at the same table as YM. Everyone was laughing.
23. YM states that at the end of the game, Mr Seuntjens “came on the other side of the table. [Mr Seuntjens] reached across and shook my hand, then he reached around and gave me a very short hug with his other arm.”
24. In relation to the incident, YM states that “I was a bit surprised but I didn't think it was bad.”
Allegation 3A[27]
[27] This allegation was subject to the charge of common assault.
25. The evidence in relation to this allegation consists of statements from students NB and SP.
26. At the leadership camp, students NB and SP were asked by some Australian students to teach them to say something rude in German. They have done so. The students have then repeated those phrases to Mr Seuntjens.
27. NB states:
“I was standing next to the boys. I felt someone slap me on the bum, on the middle of my bum. At first I thought it was one of the boys, but they were all in front of me. The[n] I turned and saw that it was Mr Seuntjens. He said something to me like, "What does that mean.”[28]
[28] See paragraph 8 of Police Statement of NB
28. NB’s statement is corroborated by SP.[29]
[29] See paragraph 23 of Police Statement of SP.
Allegation 4[30]
[30] This allegation was not subject to criminal charges
The evidence in relation to this allegation consists of a statement from student KK.
In her statement, KK refers to an incident that occurred on the second weekend of the diving trip (8/9 September 2007) when she was on the diving boat with Mr Seuntjens. She states:
“I think it was the second weekend and I was on the boat. I had said something to [Mr Seuntjens]. He leaned in towards me and said, 'What did you say?' When he said this he put his arm around my shoulders and leaned in. I felt a little strange when he did this…”[31]
She goes on to state:
“There are a few other times that Mr Seuntjens has put his arm around me to try and hug me saying that he didn't hear me or understand what I was saying. I would say that he had done this maybe four or five times to me.”[32]
[31] See paragraph 9 of Police Statement of KK
[32] Ibid paragraph 12
Allegation 5[33]
[33] This allegation was not subject to criminal charges
29. The evidence in relation to this allegation consists of the statement from MB.
30. She states that on the last weekend of the dive course (8/9 September 2008) “I was walking to the dive boat…I was walking with YM, JK, KK, NB . . . Mr Seuntjens came up behind me and touched me on my hips. He didn't say anything to me. He just touched me and walked ahead of the group. He only touched me with one hand to my hip. I was not really happy when he did this to me…It made me feel strange.”[34]
[34] See paragraphs 5 – 9 Police Statement of MB
Allegation 5(b)(1)[35]
[35] This allegation was subject to the charge of common assault
The evidence in relation to this allegation consists of statements from YM, NB, SP and statement/testimony from AC.
On the Sunday of the second weekend of the dive trip (9 September 2007)[36], YM was at a table on the dive boat. At this time, YM had her feet on the table and male student GD was massaging one of YM’s feet.
[36] See paragraph 8 of Police Statement of A C
YM states:
“Mr Seuntjens took my other foot and started to massage it. It made me feel uncomfortable but I wasn't brave enough to take my foot away. He massaged my foot for a few minutes, GD stopped but Mr Seuntjens kept going for a while longer…”[37]
[37] See paragraph 20 of Police Statement of YM
YM’s statement is corroborated by a number of witnesses including AC[38], SP[39] and NB.[40]
[38] See paragraph 8 of Police Statement of AC. See also Transcript of Proceedings Evidence of AC page 8 Line 50 to page 9 Line 40
[39] See paragraph 15 of Police Statement of SP
[40] See paragraph 14 of Police Statement of NB
Allegation 5(b)(2)[41]
[41] This allegation was not subject to criminal charges
The evidence in relation to this allegation consists of statement/testimony from AC.
After YM moved away from the table (see allegation 5(b)(1) above), AC states that:
“When [Mr Seuntjens] stopped[42], Mr Seuntjens said, ‘Give me your feet and I will give you a massage.’ I said, ‘No, they are ticklish, I can't stand it.’ I am ticklish but I also really didn't want him to touch my feet, I thought it was strange.”[43]
[42] Massaging YM's foot
[43] See paragraphs 9 to 11 of Police Statement of AC. See also Transcript ibid page 9 Line 40
Allegation 5(b)(3)[44]
[44] This allegation was not subject to criminal charges
10)The evidence in relation to this allegation consists of a statement from YM.
11)YM states that on the same day when Mr Seuntjens massaged her foot (See Allegation 5(b) (1) above), that she was sitting at a table writing in a log book.
12)She states:
“I have mosquito bit[e]s on my legs. I am allergic to them. Mr Seuntjens used to call me spotty. He took his pen and started to draw lines between the bites on my legs. He said something like, ‘Match the points.’ “[45]
[45] See paragraph 11 of Police Statement of YM
Allegation 5(b)(4)[46]
[46] This allegation was subject to the charge of sexual assault
13)The evidence in relation to this allegation consists of statement/testimony from AC.
14)This incident occurred on the dive boat on 9 September 2007. It occurred after the foot massage allegations. (See allegations 5(b)(1) & (2) above).
15)At the relevant time, Mr Seuntjens, GD and male student W S were seated around a table on the boat. In her statement, AC describes the incident as follows
“I had to walk past Mr Seuntjens to get to the other seat, it was the only way to get to it. I didn’t want to walk past him facing towards him, because of the way he had been I didn't want my breast facing him. I turned so I had my back to him and I had to step over his legs because the table was too close. I told myself that if he did anything I would say something. As I stepped over his legs he put his hand on my bum on the right side. It was right on my bottom and he held it there for a couple of seconds while I moved in front of him and he took his hand away just before I sat down. I was shocked, so much that I couldn’t say anything to him. I got angry with myself for not saying something to him. I knew that what he had done was wrong and I told myself that if he touched me one more time anywhere that I didn’t like, I was going to say something to him and tell the principal. I sat as far away from him as I could.”[47]
[47] See paragraph 13 of Police Statement of AC
16)During the committal proceedings, AC gave full evidence as to this allegation. Her evidence in chief was substantially consistent with the above statement. In cross examination, AC accepted a number of propositions including:
·Her movement across Mr Seuntjens was about 2 seconds in duration[48];
[48] Transcript of Proceedings page 43 Line 50 to page 44 Line 10
·That the touching involved pressure on her buttocks but not squeezing[49];
[49] Transcript of Proceedings page 42 Line 10
·That the incident occurred when the boat was underway and that the boat was travelling through waves;[50]
[50] Ibid page 42 Line 20
·That there was very limited space at the table.
Allegation 5(b)(5)[51]
[51] This allegation was not subject to criminal charges
17)The evidence in relation to this allegation consists of a statement from AC.
18)While AC was seated at the table next to Mr Seuntjens (following allegation 5(b) (4)). She states:
“I saw what I thought was an island and I said, "What island is that?’ Mr Seuntjens put his arm around my shoulder and pulled me in close and said, ‘This Island is Australia.’ I was tense and I was uncomfortable with him touching me.”[52]
[52] See paragraphs 13 to 16 of Police Statement of AC.
Allegation 5(b)(6)[53]
[53] This allegation was subject to the charge of common assault
19)The evidence in relation to this allegation consists of a statement by SP.
20)SP refers to an incident that occurred on the Sunday of the second diving weekend (9 September 2007). She states:
“I had finished my dive and I had been sunbaking on the top deck of the boat with a group of the other girls. I wanted to go inside the cabin of the boat to my bag to get my sunscreen. I went to open the door to the cabin and Mr Seuntjens opened the door for me. As I walked through the door he smacked me on my bottom. It was not hard, just a tap really but it was hard enough to feel. I had my swimmers on and shorts over the top of these.”[54]
[54] See paragraph 8 of Police Statement of SP
Allegations 5(b)(7)[55] and Allegation 5(b)(8)[56]
[55] This allegation was subject to the charge of common assault
[56] This allegation was subject to the charge of common assault
21)The evidence in relation to these allegations consists of statements from MB and NB.
22)MB refers to an occasion on the second weekend (8/9 September 2007) when she had been returned to the boat after diving. M B states:
“I had been diving and was getting back onto the boat. I was very cold my lips were blue. Mr [Seuntjens] said, ‘Come here.’ I walked over to him because I had all my dive gear on me and all my things were where he was standing. When I got to where he was he sort of pulled me towards him and hugged me with both arms around me. This hug went for a few seconds.
I felt uncomfortable when he was doing this.”[57]
[57] See paragraphs 10 to 14 of Police Statement of MB
23)She also refers to a second occasion when she has been hugged by Mr Seuntjens in similar circumstances. She states:
“We were joking around because I am always cold when I get out [Mr Seuntjens] was also joking around with me. Mr Seuntjens walked over to me this time and hugged me. I had taken my gear off this time. The hug only went for a few seconds like the last time. He pulled me right up against him this time so that our bodies were touching each other.
I felt the same again, very uncomfortable. I thought to myself,"Why did he do that?’ “[58]
[58] Ibid paragraphs 16 to 17
24)M B's statement is corroborated by NB. In reference to either M B or AC[59] she describes an occasion when Mr Seuntjens has approached and hugged a girl after she got out of the water. NB states that “[Mr Seuntjens] hugged her for quite a while, she wasn’t hugging him back.”[60]
[59] It would appear to relate to MB as AC makes no reference to this event.
[60] See paragraph 13 of Police Statement of NB
Allegation 5(b)(9)[61]
[61] This allegation was not subject to criminal charges
25)The evidence in relation to this allegation consists of statements/testimony from AC.
26)AC states that after getting off the boat on 9 September 2007, “on the way home I said to Mr Seuntjens, ‘I want to go to McDonalds.’ He put his arm around me and pulled me close again and said, ‘We will ask the others.’ Again I did not like him touching me again and he left me alone after that.”[62]
[62] See paragraphs 16 to 17 Police Statement of AC. See also Transcript ibid page 13 Line 10
Allegation 5(c)[63]
[63] This allegation was not subject to criminal charges
27)The evidence in relation to this allegation consists of a statement from MB.
28)MB refers to an incident which occurred on the second weekend (8/9 September 2007). She states:
“We were all walking to the bus after having coffee after returning from the dive course. [Mr Seuntjens] walked up behind me and placed his elbow on my left shoulder and leaned into me and on me. This was only for a few seconds and it was while he talking to the rest of the people that were walking with me at the time.
I didn’t exactly feel uncomfortable but I thought it was very strange behaviour for a teacher to be doing this. I wasn't happy about what he had done.”[64]
[64] See paragraphs 18 to 19 of Police Statement of MB
Allegation 5(d)(1)[65] & (2)[66]
[65] This allegation was subject to the charge of common assault
[66] This allegation was subject to the charge of common assault
29)The evidence in relation to these consists of statements from YM, AC and statement/testimony from AS.
30)On 9 September 2007, after returning from the dive course, the students and Mr Seuntjens attended the area of the Cairns Lagoon. At that time, a number of the students started wetting each other with water using water bottles.
31)YM states:
“One of the students [GD] picked me up off the ground…I was wearing a t-shirt and pants. He carried me over to Mr. Seuntjens who was lying on the grass. While [GD] was holding me Mr Seuntjens reached up and smacked me on the bum, twice.
I tried to get [GD] to put me down because I felt really uncomfortable when Mr Seuntjens smacked my bum. I just wanted to get away. [GD] dropped me because I was wiggling and I landed on Mr Seuntjens. I jumped up and got away quickly.”[67]
[67] See paragraphs 14 to 15 of Police Statement of YM
32)YM’s statement is corroborated by AC[68] and AS.[69]
[68] See paragraph 18 of Police Statement of AC. See also
[69] See Transcript of s.93A Interview with AS Line 30 P278 to Line 20 P279
33)AS states that around the same time, she has been seated on the ground while holding a water bottle. Mr Seuntjens has approached her and tried to get the water bottle. AS has been pulled down to the ground. Mr Seuntjens then lay on top of her with his torso touching her torso.[70]
[70] See Transcript of Proceedings Line 30 P135 to Line 40 P136
Allegation 6(a), (b) & (c)[71]:
[71] These allegations were subject to a charge of common assault
34)The evidence in relation to this allegation consists of statements from JK, AC, female teacher SP and NB.
35)On the evening of 15 September 2007, the students and teachers were seated around a camp fire on the beach at Camp Tribulation. JK was seated next Mr Seuntjens.
36)JK states:
“As it got darker [Mr Seuntjens] was sitting close to me, he lied down beside me. I was sitting with my hands beside me, pushing down on the ground. Mr Seuntjens sat up beside me and sat the same way I was, with his hands on either side of him. His hand was touching mine and his little finger was overlapping mine and resting on top of my hand.
I thought it was a bit strange and it made me feel a bit confused. I thought it might have been a mistake and that he didn't mean to put his hand there when he sat up. He left his hand there for a few minutes until I moved mine away a little bit and they weren't touching anymore. I got up and went to the toilet with the other girls.”[72]
[72] See paragraphs 9 to 10 of Police Statement of JK
37)That JK was seated next to Mr Seuntjens and up some point got up and went to the toilet is corroborated by a number of witnesses including female teacher SP.[73]
[73] See paragraphs 11 to 14 of Police Statement of female teacher SP. See also paragraph 24 of Police Statement of AC and paragraph 21 of Police Statement of NB
38)JK continues:
“We went back to the fire and I sat down where I had been sitting before…I was sitting beside Mr Seuntjens again and [AC] sat back down really close to me…I was sitting on the ground with my legs crossed left hand on my thigh, about halfway up it. Mr Seuntjens was lying on the ground with his head near my leg about 20cm from me. I felt his finger gently touching my finger like he had before. I was shocked it made me feel dirty.
He slowly moved his hand on top of mine and slid it across my fingers until he had his hand totally covering mine on top of my thigh. After a few minutes…then he moved his fingers around mine and held my hand in his. When he held my hand it was not on my thigh anymore, it was down beside my thigh. He was holding my hand in his and stroking the top of my hand with his thumb.
He also stroked the side of my thigh with his thumb while he was holding my hand. It went on for about five maybe ten minutes. It seemed like a very long time for me…”[74]
[74] See paragraphs 13 to 17 of Police Statement of JK
39)JK’s statement is corroborated by AC, who when she sat back down next to JK states:
“After we had been back for about ten or twenty minutes [JK] grabbed my arm and looked at where her hand was, trying to get me to look too. I looked down and I saw [JK] had her hand on her leg and [Mr Seuntjens] had his hand on top of hers, it was covering her hand.”[75]
[75] See paragraph 24 of Police Statement of AC
Allegation 7[76]
[76] This allegation was subject to the charge of common assault
40)The primary evidence in relation to this allegation consists of statements from JK and MB.
41)On the morning of 16 September 2007, Mr Seuntjens, female teacher SP and a number of students had breakfast while sitting at a table. One on side of the table was teacher SP, MB, JK and KK. Mr Seuntjens sat on the other side.[77]
[77] This is corroborated by witnesses SP, AC, MB
42)JK and KK had their feet on a wooden bar that was underneath the table. JK states:
“Mr Seuntjens put his feet next to mine and he started touching the top of my toes with his toes. He was touching and stroking my foot with his toes. He did that for a few minutes.”[78]
[78] See paragraph 18 of Police Statement of JK
43)JK’s statement is corroborated by MB[79] who states that she saw Mr Seuntjens “rubbing his feet against [JK’s] feet and a bit up her leg.” She states that Mr Seuntjens did not have shoes on at the time.
[79] See paragraph 22 of Police Statement of MB
Allegation 8[80]
44)The evidence in relation to this allegation consists of statements from JK and female teacher SP.
45)After breakfast on the morning of 16 September 2007 (see allegation 7 above), Mr Seuntjens, female teacher SP, JK, AC and KK went for a walk on the beach.
46)JK states that:
“While we were walking Mr Seuntjens walked up behind me and started to massage my shoulders beside my neck. He said, ’You are sore.’ He massaged there for about two minutes then he stopped and we just kept walking.”[81]
47)JK’s statement is corroborated by teacher SP. She states that JK was walking beside her when “[Mr Seuntjens] approached her and started to massage her shoulders from behind. She pulled away and said something like,’it hurts’. I remember thinking to myself that she wasn't comfortable with it.”[82]
[80] This allegation was subject to the charge of common assault
[81] See paragraph 19 of Police Statement of JK
[82] See paragraph 22 of Police Statement of SP
Allegation 9
48)The evidence in relation to this allegation consists of statements from AS, JK, KK and female teacher SP.
49)When the group was walking along the beach on 16 September 2007 (see above[83]). Mr Seuntjens has picked up AS over his shoulder and has carried her into the water before putting her down on the beach.[84]
50)AS states:
“And then he picked me up over his shoulder and I really like um going against it. I kicked him. I scratched him on the back and tried to get off there.”[85]
51)The incident is corroborated by female teacher SP[86] and JK. JK corroborated AS’s response.[87]
[83] Chronologically this allegation precedes Allegation 8
[84] See paragraph 21 of Police Statement of SP
[85] See Transcript of interview AS P285
[86] Ibid.
[87] See paragraph 19 of Police Statement of JK
31. Mr Seuntjens has not appeared before the tribunal, has not participated in the tribunal process and has provided no submissions for the tribunal’s consideration.
Assessment of evidence and application of law
32. In relation to the standard of proof applicable in this tribunal, the determination of a disciplinary matter is an administrative function where the appropriate standard is the reasonable satisfaction of the decision-maker with that degree of satisfaction varying according to the gravity of the fact to be proved: Briginshaw v Briginshaw (1938) 60 CLR 336 at 361-62 (“Briginshaw”).
33. In relation to allegations 1 and 2, the tribunal is satisfied that there is extensive corroborated evidence to substantiate a finding that Mr Seuntjens had a sexual relationship with LT while she was a student at the high school where he worked as a teacher in outdoor education. This sexual relationship was over several months and involved visits to Mr Seuntjens’ home. It is possible that LT initiated the relationship as she stated to the interviewer. The tribunal considers that her admission of this also bolsters her credibility.
34. SK’s evidence corroborates LT’’s evidence. While LT was supportive of Mr Seuntjens, SK had been hurt by his behaviour. She corroborates the frequency of the visits to Mr Seuntjens’ home both at night and in the day; the length of the relationship; the passing off of LT as a university student and the continued electronic communication after LT’s departure from Australia. It is noteworthy that Mr Seuntjens sought to deceive others as to LT’s real status as a school student.
35. The fact is she was a student who participated in outdoor education in which Mr Seuntjens was a teacher. The foundation of any relationship is that of teacher bound by the code of conduct and policies promulgated by the QCT [88] and that of student to whom the teacher is bound by a duty of care.
[88] For example policies such as the QCT Code of Ethics, QCT Professional Standards and relevant employing authority Codes of Conduct.
36. The tribunal notes that LT was protective of Mr Seuntjens in her evidence and continued the relationship electronically after she departed Australia. The tribunal accepts that the relationship was for LT emotional as well as sexual and she believed she was in love with Mr Seuntjens.
37. In relation to allegations 3 – 9 evident in the German students’ perceptions was the initial impression that Australian teachers were friendlier, less distant than their German counterparts. This was a perception of cultural difference on the part of students who were in a strange environment and away from their own homes. This initial impression changed however when all the students recognised that Mr Seuntjens had overstepped the proper boundaries that exist between teacher and student.
38. Mr Seuntjens’ behaviour became a matter of discussion and avoidance amongst these students. All had similar interpretations of his behaviour; all were made uncomfortable and some reduced to tears.[89] Individually they were intimidated.
[89] Paragraph 29 Police Statement SP; Police Interview AS page 19
39. In the complaint lodged by the students they emphasise: “Some of us feel really uncomfortable to sit one minute longer in his class.”[90] Some of the reactions were:
“Mr Seuntjens touched me in a way I did not like and that made me feel uncomfortable.”[91]
“I am really upset about the things that have happened. I now do not want to see him or have anything to do with him as I think what he has done is disgusting.”[92]
“The hug only went for a few seconds like the last time. He pulled me right up against him this time so our bodies were touching each other. , , , I thought that it was very strange behaviour for a teacher to be doing this. I wasn’t happy about what he had done.”[93]
“Before we all went on the camp we had all talked about other things that he had done to us. . . . We also talked about and found that he had touched all of the other girls on the hip and shoulder like he had done to me. . . . When we all talked about this we were all shocked and all felt uncomfortable to have him near us.”[94]
[90] 18 September 2007
[91] Police Statement SP page 1
[92] Police Statement SP page 3
[93] Police Statement MB page 3
[94] Police Statement MB page 4
40. There was no evidence of collusion on the part of the international German students. On the contrary, they were surprised to discover that Mr Seuntjens’ behaviour extended to more than just one of them and that their experience of him was consistent. This then led to their interpretation of his behaviour as inappropriate, to their collective complaint and their disgust. The touching involved: a number of different students; from within a discrete, targeted group of students and occurred over an extended period of school events.
41. The tribunal considers that there is sufficient evidence to demonstrate that Mr Seuntjens’ behaviour in relation to allegations 3 to 9 was unnecessary and uninvited. The tribunal considers that the QCT submission that Mr Seuntjens was “trawling” is a reasonable proposition. These incidents occurred in 2007, that is, they were subsequent to the sexual relationship with LT of 2006 which, except for subsequent electronic communication, had ended upon LT’s return to Germany. In total, there were 20 instances of inappropriate touching of eight international female students over the course of three separate school events: Little Mulgrave Island and two dive trips. The tribunal considers that it is a reasonable proposition that Mr Seuntjens, having had the sexual relationship with the female international student in 2006, was attempting to find a similar relationship from amongst the same group of students in 2007. His behaviour was predatory and exploitative of his position as a teacher of outdoor education. It is likely that his conduct could be interpreted as “grooming”.
42. The tribunal notes that in the absence of any submission from Mr Seuntjens, it has no evidence before it as to whether he has developed insight into his conduct.
43. Section 11 of the Act provides that the QCT may have regard to police information. Subsection 11(3) provides that in having regard to a person’s criminal history, the QCT must consider an alleged commission of an offence. Mr Seuntjens faced court charged with common assault and sexual assault allegedly committed in 2007. The alleged offences arose during the performance of his teaching duties and pursuant to s.11(3)(b) are directly relevant to the duties of a teacher.
44. The tribunal finds that the QCT contentions are substantiated and that pursuant to s.12(1)(b) Mr Seuntjens is “not suitable to work in child related field” because his conduct demonstrated risk factors:[95]:
a)The 2006 sexual relationship with LT, a 17 year old German international student in breach of the appropriate relationship between teacher and student;
b)The deception Mr Seuntjens engaged in to conceal LT’s actual status as a school student attending the high school at which he taught;
c)The 20 instances in 2007 of inappropriate touching of 8 female German international students aged between 15 and 17 years during three separate school organised events which led to the assault charges against Mr Seuntjens; and
d)The touching of the students was in no way connected with the curricular requirements of the education activities but instead were opportunistic and in breach of his position as a teacher of outdoor education for these students.
[95] Commissioner for Children and Young People and Child Guardian v Maher & Anor [2004] QCA 492
45. It is likely that after Mr Seuntjens’ 2006 relationship with LT, he was seeking to target this particular group of students in order to repeat the experience. The tribunal finds that Mr Seuntjens is not suitable to work in a child related field. There needs to be, in the event of his seeking to reapply for registration as a teacher, cogent evidence that he no longer presents any possibility of harm to young people.
46. Section 12 of the Act provides other considerations in the assessment of a person’s suitability to teach. Subsection 12(3) states:
(3) Without limiting section 11 or subsection (1) or (2), a person is not suitable to teach if the person—
(a) behaves in a way that does not satisfy a standard of behaviour generally expected of a teacher; or
(b) otherwise behaves in a disgraceful or improper way that shows the person is unfit to be granted registration or permission to teach.
47. Mr Seuntjens’ conduct in maintaining an improper sexual relationship in 2006 with a student attending the high school at which he was a teacher and who was a participant in his courses of outdoor education was in serious breach of the standard of behaviour expected of a teacher. The course of conduct in 2007 in which he sought to duplicate the 2006 relationship was a disgraceful and opportunistic misuse of his status as a teacher of outdoor education and a breach of his position of trust.
48. Pursuant to s.158 the tribunal is satisfied that the ground for disciplinary action in s.92(1)(h) is established: Mr Seuntjens is not suitable to teach.
Orders
49. Pursuant to s.160(2)(d) the tribunal orders that Mr Seuntjens’ registration or permission to teach is cancelled as at the date of this decision.
50. It is further ordered that pursuant to s.160(2)(j) Mr Seuntjens is prohibited from reapplying for registration as a teacher for not more than 5 years from the date of this decision.
51. The tribunal further orders that pursuant to s.160(2)(i) in the event that Mr Seuntjens seeks registration as a teacher in Queensland, the following notation about Mr Seuntjens be entered in the register:
A. he must consult a registered psychologist for counselling or therapy and he must provide the psychologist with the following documents:
c)the documents listed (i) to (xii) in paragraph 13 of the reasons for decison; and
d)the remaining reasons for decision and this order; and
B. Mr Seuntjens must provide the QCT with a detailed psychologist’s report which demonstrates that he has addressed the following issues:
i.the development and maintenance of professional standards when working with young people;
ii.awareness of and commitment to what is appropriate physical contact and communication in a teacher and student relationship;
iii.an in-depth examination of the extent and nature of the student, parental and community trust invested in a teacher;
iv.awareness of behaviour that may compromise the professional standing of a teacher and the profession of teaching; and
v.understanding and full adherence to the QCT Code of Ethics and policies
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