Teacher in Cornwall guilty of misconduct over sexual messages

Teacher Damien Nicholson admitted sending sexual messages to colleagues

A teacher has admitted misconduct after sending sexual messages to colleagues.

Damien Nicholson mentioned pornography, drug-taking and "feeling naughty" in messages sent while he was a teacher at Carrick AP Academy and Restormel Academy in Cornwall.

He was suspended in 2020 after allegations were made to the principal.

A Teaching Regulation Agency (TRA) panel found his actions were "out of character" and did not impose any ban on him continuing to teach.

As part of the Wave Multi Academy Trust, Mr Nicholson was employed as a food technology teacher from November 2016 and later promoted to the role of assistant vice principal from November 2019.

Both of the schools were Alternative Provision Academies offering places to children excluded from mainstream schools.

'Inappropriate messages'

The TRA panel heard Mr Nicholson sent sexual messages to four members of staff between 2017 and 2020

Many of the messages were of a sexual nature, including invitations to watch pornography and references to "grabbing bottoms".

In May 2019, it was suggested that Mr Nicholson had messaged one female colleague with what were deemed to be inappropriate messages.

The matter was dealt with by way of a discussion with the principal and given a professional instruction that such conduct should not to be repeated.

In February 2020, a member of staff made a separate report to the principal of Restormel Academy regarding messages received from Mr Nicholson.

Shortly afterwards, Mr Nicholson was suspended and an investigation commenced into his conduct.

At the conclusion of that investigation, Mr Nicholson was invited to a disciplinary hearing.

However, further allegations were made by two other members of staff leading to the investigation being reopened.

'Out of character'

Mr Nicholson, who attended the TRA panel in January, admitted the facts of all allegations against him.

The panel recorded that Mr Nicholson demonstrated remorse in his live evidence and "presented as a contrite and reflective individual."

A clinical psychologist's report submitted to the panel stated: "It is important to consider that Mr Nicholson's behaviours were deemed to be out of character and that he has shown remorse for the harm that has been caused."

The panel concluded that it was satisfied Mr Nicholson was guilty of unacceptable professional conduct.

'Sexually motivated behaviour'

The TRA accepted the incidents were unlikely to be repeated and said while his overall conduct fell significantly short of the standard of behaviour expected of a teacher, he should not be the subject of a prohibition order.

The TRA said: "The findings of misconduct are serious as they involved a sequence of inappropriate and sexually motivated behaviour, including sending messages to a number of female colleagues.

"A prohibition order would prevent Mr Nicholson from teaching. A prohibition order would also clearly deprive the public of his contribution to the profession for the period that it is in force.

"The publication of the findings made would be sufficient to send an appropriate message to the teacher as to the standards of behaviour that were not acceptable."