Special needs teacher banned from classroom after touching another member of staff's breasts in-front of pupil

The Teaching Regulation Agency (TRA) this week published its findings into the conduct of Mr Robin Hadden, 53, who had worked as a special educational needs and disabilities (SEND) teacher at Durham Trinity School and Sports College since January 2015.

The teaching professional conduct panel was convened to investigate an allegation that in April 2022 Mr Hadden had touched another member of staff’s breasts.

The hearing was told by the female member of staff that a SEND student had been reading the words on her t-shirt after which Mr Hadden approached her, first removing her lanyard and then ‘showing the pupil what to do’ before subsequently prodding his colleague’s breasts whilst reading the phrase.

It was then said that he also underlined the words with his finger by swiping across her breasts.

Mr Hadden “denied knowledge of the incident”.

However, after listening to other witnesses, the TRA panel determined that on balance, it was more likely than not that the incident had occurred.

The panel was also satisfied that the act of touching amounted to an inappropriate breach of professional boundaries.

The report stated: “There could be no appropriate context in which a colleague could touch another in such a way without seeking consent and therefore it was inappropriate in the context.”

In relation to a separate incident the panel also concluded on the balance of probability that Mr Hadden had used inappropriate comments to colleagues.

The panel heard that in December 2021, Mr Hadden used the words "this was not the first time I had breasts in my face", with reference to the text on two colleagues' clothing.

Mr Hadden again said he had no recollection of the incident but the panel said both witnesses gave a “consistent account in relation to Mr Hadden making a remark of this nature”.

The panel determined it was more likely the remark had been made and determined that “the use of this language was inherently inappropriate”.

The TRA report stated: “Mr Hadden making a comment about the breasts of a colleague was clearly not a suitable use of language in the circumstances.”

The panel also heard that on December 9, 2021, Mr Hadden contacted one of the same women on social media with the message "I did feel a little bit awkward about being forced to stare at your chest this morning", followed by "no one ever needs to apologise for making me look at their boobs".

The panel said it was satisfied there was no reason to dispute the validity of these messages and considered that the words alleged were said by Mr Hadden within the exchange.

The report stated: “The panel determined that the messages were of an inappropriate nature. It could not conceive of a situation where it would be appropriate or suitable in the circumstances for Mr Hadden to communicate in this manner.”

Two other allegations of inappropriate messages were not proved by the panel.

The report concluded that Mr Hadden’s behaviour was “sexual in nature” and in reference to the touch allegation he had made direct contact with the member of staff’s breasts through her t-shirt.

Whilst his behaviour had been deemed sexual in nature, the panel did not feel it was for “sexual gratification or in the pursuit of future sexual relationship”.

The panel was satisfied that the conduct of Mr Hadden amounted to “misconduct of a serious nature which fell significantly short of the standards expected of the profession”.

Mr Robin Hadden has been banned from teaching indefinitely and cannot teach in any school, sixth form college, relevant youth accommodation or children’s home in England. He may apply for the prohibition order to be set aside, but not until 27 March 2027.

If he does apply in two years, then the TRA would have to meet to decide as to whether prohibition order should be set aside.

Durham Trinity School and Sports College headteacher Rachel Grimwood said action was taken as soon as the school was made aware of the incidents and the ban was an "appropriate outcome".

She added: "We do not tolerate behaviour of this nature in our school and consider this an appropriate outcome.

"Action was taken as soon as we were made aware of the allegations, which resulted in the matter being referred to the Teaching Regulation Agency."