Cape Town - A JG Meiring High School teacher found guilty of sexual misconduct after he allegedly rubbed a former pupil’s upper thigh with his hand and said he loved her has been dismissed by the Education Labour Relations Council (ELRC).
The teacher, identified as F Daniels in the ELRC arbitration award, and legal representation, did not attend proceedings.
This is after they sent an application for a postponement which wasn’t granted. On the morning of the inquiry, the teacher sent in a medical certificate which was rejected as a “delaying tactic”.
The Goodwood teacher was charged with two offences relating to sexual misconduct of the pupil who at that time was 16 years old.
He has also been deemed unfit to work with children.
The former pupil testified that she was in Grade 11 in 2019 and only knew the teacher from school as he taught her mathematics.
She explained that the first incident happened during a Saturday extra class when she requested help with one of the problems they were solving. She was sitting at a single desk dressed in jeans, the teacher allegedly rubbed her upper thigh multiple times slowly while explaining the work to her.
In the second incident the pupil claimed they were in maths class again and the teacher called her to his desk. She claimed the teacher asked why her lips were so dry and apparently said he wanted to kiss them. He also said he loved her.
The pupil's friend testified that she was aware of the allegations because her friend informed her of the incidents and she encouraged her to speak to someone.
The pupil sought advice from a teacher who evidently said she didn’t want to be involved and then told her to speak to her family, which she did.
Western Cape Education Department’s (WCED) labour relations official Debora Mathshaya testified that the family reported the matter and also sent an email to the SGB.
Arbitrator Retief Olivier said the teacher did not submit a case and therefore has also not pleaded.
“As such, has not denied the allegations and that he was guilty of the charges. Considering the incontrovertible evidence of the witnesses, which I find probable and corroborated, I find the employee guilty of the main charges.”
Olivier said there was sufficient evidence to determine that the teacher touched and rubbed the upper thigh of the pupil and made sexually inappropriate comments towards her.
Olivier dismissed the teacher with immediate effect.
WCED Bronagh Hammond said the arbitration award was issued on June 9, and Thursday was considered his last day in service.
“The educator has not communicated his intention in respect of the award outcome. However, he is at liberty to exercise his right to have the award reviewed.”