Teacher struck off register for having sex with student, 16

Aged in his 50s at the time of the incident, the teacher claimed the sex was consensual — despite her being under the age of consent

High Court president David Barniville approved the sanction sought by the Teaching Council, striking the teacher off the council’s register, and prohibiting him from being restored for a 30-year period. Picture: iStock

A secondary school teacher who admitted to having sex with a 16-year-old student has been struck off the register of teachers by the High Court.

The teacher, who was in his 50s at the time of the incident, claimed the interaction was consensual, despite the student being under the age of consent.

High Court president David Barniville on Monday approved the sanction sought by the Teaching Council, striking the teacher off the council’s register, and prohibiting him from being restored for a 30-year period.

The judge said the “incredibly serious” sanction in the case was “well merited”, given the teacher’s professional misconduct was of the most serious kind.

The teacher cannot be named in order to protect the identity of the student. The teacher taught at the student’s school.

Garda interview

Barrister Eoghan O’Sullivan, for the Teaching Council, said his client relied on admissions made by the teacher in a cautioned Garda interview in upholding an allegation of professional misconduct against him.

The teacher was arrested and interviewed by gardaí after allegations of rape and sexual exploitation were made against him by student, counsel said. 

He consistently denied those allegations.

Teacher admitted having sex with student, 16

However, the teacher admitted to having what he described as consensual sex with the student when she was 16 years old. 

The court heard that the student was intoxicated at the time of the incident, which occurred at a property the teacher was staying at.

Teacher not prosecuted

The teacher was not prosecuted over the admitted incident, as the student denied that such an incident occurred, counsel said.

However, the teacher did face criminal proceedings for other alleged sexual offences. 

During the trial, the Director of Public Prosecutions entered a nolle prosequi (not to wish to prosecute) on the charges, Mr O'Sullivan said.

Separately, the Teaching Council investigated the teacher.

Arising from the admission to gardaí that he had sex with the student, the council ultimately concluded that the teacher was guilty of professional misconduct.  The council was satisfied that the admission was given freely and voluntarily.

High Court president, Mr Justice David Barniville, said the 'incredibly serious' sanction of striking off the teacher was 'well merited', as the teacher’s professional misconduct was of the most serious kind. Picture: Sam Boal/Collins

In deciding the sanction, the council noted that it was “difficult to contemplate” a more serious misconduct.

Mr O’Sullivan said that given the “deplorable” nature of the conduct, he submitted that the sanction was appropriate.

Judge Barniville made the orders as sought, confirming the sanction. 

He noted that in its reporting following the inquiry into the case, the council said the teacher displayed a lack of insight and remorse, and at times considered himself a victim.