Queensland College of Teachers v Teacher QKE

In the matter of Queensland College of Teachers v Teacher QKE, the Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining whether Teacher QKE was suitable to continue teaching, following allegations of inappropriate conduct involving a female student from another school. Teacher QKE, a registered teacher for approximately 18 years, admitted to sending unwelcome and sexually explicit text messages to a 16-year-old female student, as well as making an inappropriate physical contact. The female student was not his student, but rather a family friend's daughter. The key legal issues for the Tribunal to decide were whether Teacher QKE's conduct demonstrated a failure to uphold the standards of the teaching profession and whether the proposed disciplinary action was appropriate.

The Tribunal found that Teacher QKE's conduct was inappropriate and unwelcome, and it demonstrated a failure to recognise appropriate boundaries with children. Despite not being the girl's teacher, Teacher QKE was in a position of trust due to his relationship as a family friend. The Tribunal held that his conduct did not meet the standard of behaviour generally expected of a teacher. In assessing the appropriate disciplinary action, the Tribunal considered the seriousness of the conduct, Teacher QKE's cooperation with investigations, and his insight into his actions. Given that Teacher QKE had been attending psychological sessions since early 2012 and had shown insight into his inappropriate conduct, the Tribunal determined that a cancellation of his registration for two years, with specific conditions noted in the register, was an appropriate sanction.

The Tribunal also addressed the issue of non-publication orders, prohibiting the disclosure of the names of the female student, Teacher QKE, and the schools involved. The Tribunal found that there was no public interest served by disclosing this information, as it could lead to the identification of the student, her siblings, and Teacher QKE's children.