Dr Dean Sibthorpe

The Secretary of State does not make these decisions himself. They are made by a senior official on the recommendation of an independent panel.

Teacher's name: Dr Dean Sibthorpe

Teacher reference number: 0737100

Teacher's date of birth: 23 December 1963

Location teacher worked: Malvern, west midlands

Date of professional conduct panel: 30 June 2021

Outcome type: prohibition order

Notice is hereby given that, in accordance with the Teacher's’ Disciplinary (England) Regulations 2012, a professional conduct panel was convened to consider the case of Dr Dean Sibthorpe formerly employed in Malvern, west midlands.

Dr Dean Sibthorpe: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education June 2021 2 Contents Introduction 3 Allegations 4 Preliminary applications 5 Summary of evidence 5 Documents 5 Statement of agreed facts 5 Decision and reasons 6 Findings of fact 6 Panel’s recommendation to the Secretary of State 10 Decision and reasons on behalf of the Secretary of State 14 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Dr Dean Sibthorpe Teacher ref number: 0737100 Teacher date of birth: 23 December 1963 TRA reference: 19379 Date of determination: 30 June 2021 Former employer: Malvern College, Worcestershire Introduction A professional conduct panel (“the panel”) of the Teaching Regulation Agency (“the TRA”) convened on 30 June 2021 by way of a virtual meeting, to consider the case of Dr Dean Sibthorpe. The panel members were Mrs Marjorie Harris (former teacher panellist – in the chair), Mr Neil Hillman (teacher panellist) and Mrs Emma Moir (lay panellist). The legal adviser to the panel was Mrs Rebecca Utton of Birketts LLP solicitors. In advance of the meeting, after taking into consideration the public interest and the interests of justice, the TRA agreed to a request from Dr Sibthorpe that the allegations be considered without a hearing. Dr Sibthorpe provided a signed statement of agreed facts and admitted unacceptable professional conduct and/or conduct that may bring the profession into disrepute. The panel considered the case at a meeting without the attendance of the presenting officer Mr Luke Berry, Dr Sibthorpe or his representative Mr John Otieno. The meeting took place in private, and the decision was announced in public. 4 Allegations The panel considered the allegations set out in the notice of proceedings dated 04 May 2021. It was alleged that Dr Sibthorpe was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst employed as a teacher of Biology at Malvern College between 01 September 2007 and 19 June 2020: 1. He failed to maintain appropriate professional boundaries with respect of a vulnerable pupil, Pupil A, in that: a. He provided his phone number to Pupil A; b. He exchanged inappropriate and/or sexually explicit messages with Pupil A using WhatsApp, whilst he was working at the school, in particular; i. ‘Looking at yours gets me very hard’ when referring to her photographs ii. ‘and now the thought of you getting [water drops emoji] has had that effect again!’; iii. ‘super hard again!’; iv. ‘I’m extremely aroused at the mo and have a TOK meeting at 2pm’; v. Receiving an explicit video of Pupil A touching herself in a sexual manner and responding ‘OMG, [Pupil A]! Hot hot hot [Emoji] uhhhhhhhh, wish that was (my) hand!’ or words to that effect; c. He sent photographs to Pupil A using WhatsApp, whilst he was working at the school, namely; i. An image of a naked male showering which he purported to be an image of himself; ii. An image of his lower abdomen; iii. An image of him wearing bib shorts with his torso exposed 2. His behaviour as may be found proven at Allegation 1 above was conduct of a sexual nature and/or was sexually motivated. Dr Sibthorpe admits the facts of allegations 1.a, 1.b)i-v, 1.c)i-iii and 2, as set out in the statement of agreed facts signed by Dr Sibthorpe on 01 June 2021. 5 Dr Sibthorpe admits his behaviour amounted to unacceptable professional conduct and conduct that may bring the profession into disrepute. Preliminary applications There were no preliminary applications. Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: • section 1: Chronology and anonymised pupil list – pages 3 to 4 • section 2: Procedural documents – pages 6 to 27 • section 3: TRA witness statements – pages 29 to 40 • section 4: Teaching Regulation Agency documents – pages 56 to 122 • section 5: Teacher documents – pages 131 to 143 The panel members confirmed that they had read all of the documents within the bundle, in advance of the meeting. Statement of agreed facts The panel considered a statement of agreed facts which was signed by Dr Sibthorpe on 01 June 2021. It related to Dr Sibthorpe, who whilst employed at Malvern College (“the School”), failed to maintain appropriate professional boundaries with a vulnerable pupil, Pupil A, and engaged in conduct of a sexual nature and/or was sexually motivated. This included providing Pupil A with his personal phone number and using WhatsApp to exchange photographs and inappropriate and/or sexually explicit messages with Pupil A. Dr Sibthorpe admitted in the statement of agreed facts that he failed to maintain appropriate professional boundaries having engaged in the behaviour outlined above. Dr Sibthorpe further admitted that his conduct as described was of a sexual nature and was sexually motivated. 6 Decision and reasons The panel announced its decision and reasons as follows: The panel carefully considered the case and reached a decision. In advance of the meeting, the TRA agreed to a request from Dr Sibthorpe for the allegations to be considered without a hearing. The panel had the ability to direct that the case be considered at a hearing if required in the interests of justice or in the public interest. The panel did not determine that such a direction was necessary or appropriate in this case. In summary, Dr Sibthorpe was employed as a teacher of biology at the School from 01 September 2007. On 04 June 2020, concerns were raised by three pupils regarding information which had been shared with them by Pupil A, including WhatsApp messages between Dr Sibthorpe and Pupil A. Dr Sibthorpe was suspended on 05 June 2020 pending investigation and interviewed on 08 June 2020. A disciplinary meeting later took place on 17 June 2020 and on 19 June 2020, Dr Sibthorpe was dismissed. Findings of fact The findings of fact are as follows: The panel found the following particulars of the allegations against Dr Sibthorpe proved, for these reasons: 1. You failed to maintain appropriate professional boundaries with respect of a vulnerable pupil, Pupil A, in that: a. You provided your phone number to Pupil A; The panel noted that in the statement of agreed facts, signed by Dr Sibthorpe and dated 01 June 2021, Dr Sibthorpe admitted the facts of allegations 1.a. Notwithstanding the above, the panel made its own determination on the facts of the allegations on all of the evidence before it. On all the evidence before them the panel were satisfied that Dr Sibthorpe did provide his phone number to Pupil A. The panel did not consider it relevant who initiated contact, by virtue of exchanging messages with Pupil A, Dr Sibthorpe provided Pupil A with his phone number. 7 The panel found the particulars of allegations 1.a proved. b. You exchanged inappropriate and/or sexually explicit messages with Pupil A using WhatsApp, whilst you was working at the school, in particular; i. ‘Looking at yours gets me very hard’ when referring to her photographs ii. ‘and now the thought of you getting [water drops emoji] has had that effect again!’; iii. ‘super hard again!’; iv. ‘I’m extremely aroused at the mo and have a TOK meeting at 2pm’; v. Receiving an explicit video of Pupil A touching herself in a sexual manner and responding ‘OMG, [Pupil A]! Hot hot hot [Emoji] uhhhhhhhh, wish that was (my) hand!’ or words to that effect; The panel noted that in the statement of agreed facts, signed by Dr Sibthorpe and dated 01 June 2021, Dr Sibthorpe admitted the facts of allegations 1.b)i-v. Notwithstanding the above, the panel made its own determination on the facts of the allegations on all of the evidence before it. In respect of allegations 1.b)i-v the panel was provided with screenshots of WhatsApp messages exchanged between Dr Sibthorpe and Pupil A. The panel deemed the messages exchanged via WhatsApp both inappropriate and sexually explicit. The panel noted that neither Pupil A nor Dr Sibthorpe were physically on school premises. The panel was satisfied that irrespective of location, Pupil A remained a pupil of the School and Dr Sibthorpe was still carrying out his duties as both a teacher and [REDACTED]. The panel found the particulars of allegations 1.b)i-v proved. c. You sent photographs to Pupil A using WhatsApp, whilst you was working at the school, namely; i. An image of a naked male showering which you purported to be an image of yourself; ii. An image of your lower abdomen; iii. An image of you wearing bib shorts with your torso exposed The panel noted that in the statement of agreed facts, signed by Dr Sibthorpe and dated 01 June 2021, Dr Sibthorpe admitted the facts of allegations 1.c)i-iii. 8 Notwithstanding the above, the panel made its own determination on the facts of the allegations on all of the evidence before it. In respect of allegations 1.c)i-iii, the panel was provided with screenshots of the WhatsApp photographs exchanged between Dr Sibthorpe and Pupil A. The panel noted that neither Pupil A nor Dr Sibthorpe were physically on school premises. The panel were satisfied that irrespective of location, Pupil A remained a pupil of the School and Dr Sibthorpe was still carrying out his duties as both a teacher and [REDACTED]. The panel found the particulars of allegations 1.c)i-iii proved. 2. Your behaviour as may be found proven at Allegation 1 above was conduct of a sexual nature and/or was sexually motivated. The panel noted that in the statement of agreed facts, signed by Dr Sibthorpe and dated 01 June 2021, Dr Sibthorpe admitted that he engaged in activity which was patently of a sexual nature and therefore admitted that he was sexually motivated when he engaged in that conduct. Notwithstan