A Grassy Park Primary School teacher who tickled or touched four female learners near their breasts has been dismissed on sexual misconduct charges.
In a scathing Education Labour Relations Council (ELRC) ruling, the maths and social science teacher at Sid G Rule Primary School has also been found unsuitable to work with children.
Commissioner Jacques Buitendag further instructed that a copy of the award should be sent to the South African Council for Educators (SACE) to consider revoking the teacher’s certificate. The separate incidents occurred between January and February.
One of the girls, aged 13, testified that the teacher, 53, was checking her maths work when he tickled her under her breast.
She said “no Sir” because she felt uncomfortable.
According to the ELRC decision, the girl testified that no one had ever touched her in such a manner before and the teacher never touched her again after this incident.
Another learner testified that in February she was busy with her homework when the teacher touched her under the arm and next to the left side of her breast.
She said at first she thought that he touched her in a friendly manner, but this had changed when she heard that he had also touched other girls in the same manner.
The teacher pleaded guilty and acknowledged that he was aware of the rule that he could not touch learners.
The teacher testified that the incidents happened during the the first few weeks of 2023, that he wanted to make the learners feel more comfortable in his class and demonstrated how he tickled the learners.
He stated he had done this in previous years, there were no complaints and he could not recall any of the learners saying they felt uncomfortable.
The teacher said that he had no intention of doing anything untoward to the learners and did not want this to end his career after teaching at school for 30 years.
Buitendag went through the Code of Professional Ethics contained in section 3 of the Sace, Act 31 of 2000 and found that the teacher “failed dismally to conduct himself in accordance with the ethical standards expected from an educator”.
“Educators are entrusted with the care of children and they must act with utmost good faith in the conduct towards learners because society must be able to trust educators unconditionally with their children; (the teacher) has breached this trust. I find dismissal to be the only appropriate sanction in this instance,” said Buitendag.
Western Cape Department of Education (WCED) spokesperson Bronagh Hammond said the department was informed of the outcome and engaged with the school.
“The said educator was on sick leave. The school was informed of his dismissal (sanction) and that a substitute teacher should be arranged for this week,” she said.
The school principal said the teacher was a competent maths educator, one of the best the school had.
However, on the other hand he should enforce the policies and rules of the WCED and create a safe environment for the learners.
He said that educators were not allowed in the personal space of learners.
Cape Times