The Queensland Civil and Administrative Tribunal has ordered disciplinary action against a teacher (the Teacher) on the grounds of fraud offences, unconnected to his teaching. The Queensland College of Teachers brought the action under state legislation because his fraud offences constituted 'grounds for disciplinary action'. The Tribunal imposed a 12 month suspension of the Teacher's registration, to be suspended on conditions that he undertakes Code of Conduct and Ethics courses.
The Teacher was a language specialist teacher, who has been registered since 2008. At the time of the disciplinary decision, he taught five classes across Years 8-11, and was responsible for a pastoral care class. He was supported by his school principal and was said to be 'well liked and respected by staff members'.
The Teacher pleaded guilty in the District Court to two counts of fraud. In each case, he dishonestly obtained credit from a bank by submitting false information that he was employed by a business as a manager. This involved providing forged payslips and false referee details.
The two loans were a personal loan of $20,000 and a mortgage refinancing and consolidation loan, the net benefit of which was $30,000. Mr Ku was unable to pay back the latter loan, and his house was sold and he entered into a payment plan to pay the balance of the loan. He has not otherwise benefitted personally and has repaid his debts.
It would come to be revealed that for reasons the judge didn't understand, these loans were obtained for the assistance of the Teacher's friend.
The Teacher was ultimately sentenced to two terms of three years' imprisonment, and 18 months' imprisonment, but both were suspended for four years.
The Tribunal noted that these offences constituted grounds for disciplinary action against the Teacher, because they were indictable offences. That is to say, the offences were serious. The Tribunal also found that his conduct at this time made him unsuitable to teach because he behaved in a way that was 'disgraceful or improper'. The Tribunal considered that:
Taking these considerations into account, the Tribunal decided that the appropriate sanction was to suspend the Teacher's registration for 12 months, but to suspend the imposition of that sanction provided that:
It is notable in this case that the Teacher was disciplined for offences unconnected to his teaching. This is a reflection of the unique profession of teaching, and the way that it is regulated in each State or Territory.
In the teaching profession, there is a scheme put in place to ensure high standards of behaviour by teachers. This means that there is a higher threshold than is ordinarily afforded to employees. In most States, teachers are required to be 'suitable', or otherwise fit and proper to teach. Although in this case there was already a conviction for offences, it is important to note that a civil tribunal deciding a disciplinary action against a teacher uses a lower standard of proof - the balance of probabilities.
Other people involved in the management or administration of schools often also have good character requirements. The obligation to remain a 'fit and proper' person is embedded in the registration requirements for many States and Territories. These people, including, usually, school board members, must similarly disclose any change to their fit and proper status.