Nearly four decades of work as a teacher went down the drain for a Clanwilliam Secondary School teacher after he was fired for sexual assault.
The Education Labour Relations Council (ELRC) dismissed the teacher after his conduct was found to have constituted misconduct of a sexual nature.
ELRC arbitrator Jacques Buitendag found him unsuitable to work with children and instructed that the South African Council for Educators (SACE) be informed that it should consider revoking his certificate.
According to the arbitration papers, a virtual inquiry into the allegations took place last month.
The teacher faced a charge that on November 27 last year he sexually assaulted a Grade 9 pupil by standing so close to her that his private parts touched her buttocks.
He then placed his hands underneath her bra strap, and touched her buttocks, upper thigh and vagina with his hands.
The pupil testified that she was in another teacher’s class when the accused teacher called her out of the class and requested she accompany him to his classroom because he could not find her Geography paper.
She claimed that on entering the classroom, the teacher closed the door and while she was searching for the paper the teacher allegedly came up behind her.
He allegedly stuck his hands under her clothes and moved them inside her pants to her buttocks and she could feel his genitals touching her.
When she told him “nee, meneer, moenie (no, sir, don’t)”, the teacher allegedly responded that he knows about their business, which confused the pupil because they had no relationship.
When she moved towards the door, the teacher allegedly lightly touched her private part.
The pupil’s friend testified that she was aware of the incident and that the learner looked frightened when she told her what had happened.
The other teacher also confirmed the learner was requested by the accused teacher to go to his classroom.
The teacher testified that he closed his classroom door to get to the papers and that while he searched through a pack of papers the pupil stood behind him looking over his shoulder. His elbow then accidentally touched her breast and he apologised.
He further testified that he playfully hit the pupil on her upper thigh while she was walking out of his class and she responded with “no sir”, laughed and walked away.
“I find (the) learner to have been a credible witness and I prefer her version over that of the teacher which, for the major part, was not put by (the) learner. It must be added, the teacher’s own version that he playfully hit (the) learner on her thigh ... that his conduct was unacceptable and unprofessional. The teacher’s conduct has impaired the integrity and dignity of (the) learner and I find on a balance of probability that he has indeed sexually assaulted the learner. I accordingly find the teacher guilty as charged,” said Buitendag.
Western Cape Education Department (WCED) spokesperson Bronagh Hammond confirmed that he was dismissed as of May 17.
“We welcome the sanction following the verdict, WCED has a policy of zero tolerance with regard to sexual assault and treats each case both sensitively and seriously. We are not aware of any intentions to take the matter on review in the Labour Court,” said Hammond.
Cape Times