Full PDF Document Transcript Search
Mr Ashley Kalnins:
Professional conduct
panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
February 2026
2
Contents
Introduction 3
Allegations 4
Preliminary applications 5
Summary of evidence 5
Documents 7
Witnesses 8
Decision and reasons 8
Findings of fact 9
Panelâs recommendation to the Secretary of State 28
Decision and reasons on behalf of the Secretary of State 34
3
Professional conduct panel decision and recommendations, and decision on
behalf of the Secretary of State
Teacher: Mr Ashley Kalnins
Teacher ref number: 1086081
Teacher date of birth: 29 May 1986
TRA reference: 20090
Date of determination: 10 February 2026
Former employer: St Francis Catholic Primary School, Warwickshire
Introduction
A professional conduct panel (âthe panelâ) of the Teaching Regulation Agency (âthe
TRAâ) convened on 2 to 10 February 2026 by way of virtual hearing, to consider the case
of Mr Ashley Kalnins.
The panel members were Miss Louisa Munton (teacher panellist â in the chair), Mr John
Martin (former teacher panellist) and Mrs Shabana Robertson (lay panellist).
The legal adviser to the panel was Mr James Corrish of Birketts LLP solicitors.
The presenting officer for the TRA was Mr Alexander Barnfield of Capsticks LLP
solicitors.
Mr Kalnins was not present and was not represented.
The hearing took place in public save that portions of the hearing were heard in private
and was recorded. 4
Allegations
The panel considered the allegations set out in the Notice of Hearing dated 15
September 2025 [REDACTED].
It was alleged that Mr Kalnins was guilty of unacceptable professional conduct and/or
conduct that may bring the profession into disrepute, in that:
1. Between around September 2016 and December 2018, while employed as a teacher
at St Francis Catholic Primary School (âSchool Aâ), he:
a) On one or more occasions sent Individual A inappropriate messages, as set out
within Schedule 1;
b) On or around 20 August 2018, he told Individual A to delete messages he had
sent to her;
c) In relation to Individual B, on one or more occasions:
i) Sent inappropriate messages, as set out within Schedule 2;
ii) he told Individual B to delete messages he had sent to her;
iii) Made inappropriate comments, including inviting Individual B to send him
nude pictures of herself;
iv) Made inappropriate comments about Individual Bâs clothing;
v) Asked Individual B to give him a massage or words to that effect;
vi) Made comments about sharing a shower with Individual B;
2. Between around January 2019 and September 2020, while employed as the Deputy
Headteacher at Our Lady & St. Teresaâs Catholic Primary School (âSchool Bâ), you:
a) on one or more occasions sent Individual D inappropriate messages as set out
within Schedule 3*;
3. That his conduct as set out in any or all in paragraphs 1 above was sexually
motivated;
4. That his conduct as set out within paragraph 1(b) and/or 1(c) (ii) amounts to a lack of
integrity and/or dishonesty.
[REDACTED] 5
Mr Kalnins admitted some factual aspects of the particulars of allegations 1(a), 1(b), 1(c)
and denied allegations 3 and 4. Mr Kalnins made no admission as to whether his conduct
amounted to unacceptable professional conduct or conduct that may bring the profession
into disrepute. The panel proceeded on the basis that this was a fully contested hearing
in relation to all allegations.
Preliminary applications
[REDACTED]
Application for statement of witness to be admitted as hearsay
The TRA made an application that the statement of Individual D and screenshots of the
messages of Individual D be admitted as hearsay evidence in the absence of the
witness. This application was opposed in writing by Mr Kalninsâ representative. After
receiving oral submissions from the presenting officer and receiving legal advice, the
panel made the following decision.
The panel considered the presenting officerâs submissions including that Individual D
would not give live evidence before the panel as she had moved overseas and that the
TRA had no current contact details for her. The presenting officer submitted that there
was no evidence that these messages had been manufactured and that there was no
dispute as to the authenticity of the messages (but rather as to their context). The
presenting officer submitted that the statement and messages were not the whole and
decisive evidence regarding allegation 2 given that they appeared to mirror behaviour
towards Individual A and Individual B.
The panel noted that in Mr Hendersonâs e-mail of 29 December 2025 he had set out, on
behalf of Mr Kalnins, that Mr Kalnins did not agree to the application to adduce the
hearsay evidence of the alleged messages and statement of Individual D.
Mr Henderson submitted that these documents were the only direct evidence of
allegation 2. He further asserted that their reliability was challenged: Mr Kalnins
submitted that they were a very partial representation of the relationship; Mr Kalnins
contended that the hearsay statement evidence was exaggerated; the selected
messages had been taken out of context; the evidence went to a serious charge of
misconduct; and, that the TRA had not provided good reason for the non-attendance of
Individual D nor had it set out the efforts made to trace and secure Individual Dâs
attendance to give evidence, for example by video, if she was now abroad.
The panel carefully considered the submissions made in determining whether it would be
fair to admit the statement as hearsay evidence. 6
The panel noted that, whilst it was contested by the TRA, its view was that the evidence
of the witness and the alleged messages did broadly appear to be the sole and decisive
evidence in relation to allegation 2. Furthermore, the evidence was such that the panel
felt that it would be unable to test its reliability in the absence of the witness. The panel
concluded that the balance of fairness was against admitting the statement and
messages as hearsay evidence. Accordingly, the statement of Individual D and the
alleged messages were not admitted and were not considered in the panelâs
deliberations.
Subsequent applications by the TRA to amend allegations
The panel considered further applications from the presenting officer that the allegations
against Mr Kalnins should be amended in that:
1. Allegation 2 be deleted further to the panelâs decision to reject the TRAâs
hearsay application.
2. The phrase within allegation 1 âDecember 2018â be adjusted to âMay 2019â
and the phrase âand/or while employed as the Deputy Headteacher at Our
Lady & St. Teresaâs Catholic Primary School (âSchool Bâ)â be inserted after
â(âSchool Aâ),â on the second line of allegation 1.
3. The phrase â(a former pupil at School A)â be deleted from allegation 1(c).
4. The phrase âand/or 2â be removed from allegation 3 further to the deletion of
allegation 2.
5. That allegation 4 be narrowed so as to refer to â1(b) and/or 1(c) (ii)â rather than
â1(b) and/or 1(c)â.
The panel was conscious that Mr Kalnins was not present to respond to these
applications nor had he had notice of them.
The panel carefully considered the amendments and the submissions made by the
presenting officer and the legal adviserâs advice.
The panel considered whether amendment 2 above changed the nature, scope or
seriousness of the allegations. The panel took the view that the scope of the allegation
would be materially altered by those amendments and that the amendment should have
been made at an earlier stage. Given the absence of Mr Kalnins and his legal
representative and given that this amended allegation would be something to which Mr
Kalnins would not be able to respond or provide evidence (the concept of which he had 7
been given no notice of) the panel considered the amendment would not be in the
interests of justice and rejected that part of the application.
The panel noted that amendments 1 and 4 simply flowed from the rejection of the
hearsay evidence and narrowed the allegations which Mr Kalnins faced and that
amendments 3 and 5 likewise had the effect of narrowing the allegations. The panel did
not consider that, otherwise, these amendments changed the nature, scope or
seriousness of the allegations. The panel did not consider that unfairness or prejudice
was caused to Mr Kalnins by amendments 1, 3, 4 and 5 and further considered the
amendments to be in the interests of justice.
The panel granted the amendments to the allegations as set out in points 1, 3, 4 and 5
above in accordance with its powers under paragraph 5.83 of the Procedures.
The panel rejected the application to amend the allegation set out in point 2 above.
Further, although noting that it was not specifically the subject of any application, the
panel determined that, given its decisions, it would disregard Schedule 3 in its entirety in
its consideration of the evidence generally and the allegations.
Summary of evidence
Documents
In advance of the hearing, the panel received a bundle of documents which included:
Section 1: Chronology, anonymised pupil list and list of key people â pages 7 to 9
Section 2: Notice of proceedings and response â pages 10 to 33
Section 3: TRA witness statements â pages 34 to 68
Section 4: TRA documents â pages 69 to 1026
Section 5: Teacher documents â pages 1027 to 1112
In addition, the panel agreed to accept the following:
Schedules to the Allegations â pages 1113 to 1123
Hearsay Bundle â pages 1124 to 1148
Service Document Bundle â pages 1149 to 1174
Proceeding in absence Correspondence Bundle â pages 1175 to 1189 8
Partiesâ e-mail correspondence to 9.1.2026 re Preliminary Applications pages 1190 to
1192
The panel members confirmed that they had read all of the documents within the bundle,
in advance of the hearing and the additional documents that the panel decided to admit.
In the consideration of this case, the panel had regard to the document Teacher
misconduct: Disciplinary procedures for the teaching profession 2020, (the âProceduresâ).
Witnesses
The panel heard oral evidence from the following witnesses called by the presenting
officer:
Individual A - [REDACTED]
Individual B - [REDACTED]
Individual G - [REDACTED]
Witness C - [REDACTED]
Witness D - [REDACTED]
Decision and reasons
The panel announced its decision and reasons as follows:
The panel carefully considered the case before it and reached a decision.
Between January 2009 and August 2012 Mr Kalnins was employed as a teacher at St
Thomas More Secondary School and Sixth Form College.
Mr Kalnins was then employed by St Peter and St Paul Primary School from September
2012 to August 2015, before becoming employed by St Francis Catholic Primary School
(âSchool Aâ) on 1 September 2016. Mr Kalninsâ employment with School A ended on 31
December 2018.
Mr Kalnins was employed by Our Lady & St Teresaâs Catholic Primary School (âSchool
Bâ) as Deputy Headteacher from 1 January 2019 to 25 February 2021.
On 18 September 2020, Individual A disclosed that Mr Kalnins had allegedly sent her
messages that were sexually explicit. Following this incident, a meeting was held with 9
Individual B who alleged that she had also received inappropriate messages from Mr
Kalnins.
Individual A and Individual B were interviewed on 8 December 2020.
The matter was referred to the TRA and was received on 18 June 2021.
Findings of fact
The findings of fact are as follows:
The panel found the following particulars of the allegations against you proved, for these
reasons:
1. Between around September 2016 and December 2018, while employed as a
teacher at St Francis Catholic Primary School (âSchool Aâ), you:
a) On one or more occasions sent individual A inappropriate messages, as set
out within Schedule 1;
The panel noted that Mr Kalnins admitted some factual matters relating to allegation 1(a).
Notwithstanding this, the panel made a determination based on the evidence before it.
For all purposes the panel was satisfied that it was uncontested that between September
2016 and December 2018 Mr Kalnins had been employed as a teacher at School A.
The panel was provided with screenshots of messages allegedly exchanged between Mr
Kalnins and Individual A, [REDACTED]. Individual A exhibited these messages to her
statement and those messages included those set out in Schedule 1.
The panel reviewed the messages Mr Kalnins was alleged to have sent to Individual A
between August 2018 and December 2018. The panel noted that copies of these
messages were contained within the Bundle and were listed in Schedule 1. The panel
noted the following messages in particular:
⢠20 August 2018 If youâre the only female in Iâll go to the female toilets lol Then you
come in lol xx Trousers already undone so they come down easily lol xx
⢠20 August 2018 Donât want anyone seeing us taking [sic] about taking your
trousers down lol xx And you taking mine down lol xx
⢠20 August 2018 Then little naught time haha xx
⢠22 August 2018 Iâve got my shorts on lol xx With nothing under lol xx Could take
them off lol xx And I could take yours off lol xx 10
⢠14 September 2018 Do the toilets have the full covers? Xx So you can be sitting
on one with pants off (heart-eyed emoji x 5) Legs open?! (heart-eyed emoji) x How
wet do you get? Xx Come sit on me?! (heart-eyed emoji x 2) xx And Gd I like be
you get very wet! (hear-eyed emoji x 2) xx Yes!!! And you could be on youâre back
x So back to naughtiness lol xx Can we be a little naughty in school too? Xx Only
a little?! Xx We wouldnât get caught! Xx Iâm thinking [REDACTED] I have a little
play?! (heart-eyed emoji x 3) Soooo hot! X
⢠17 September 2018 Wear something kinda loose fitting so I can get my
handdown! (heart-eyed emoji)
⢠5 November 2018 Iâll be naked if that helps? Lol
⢠17 November 2018 Iâll be naked if that helps!?
⢠2 December 2018 Pop sexy undies on and be naughty lol xx
⢠Howâs that courage coming on lol xx
⢠Howâs that confidence coming on? Lol xx So howâs that confidence? Xx
⢠5 December 2018 I got this afternoon out of class if youâre free? And got some
courage lol xx Itâs our best opportunity where youâll feel comfortable? Xx
⢠6 December 2018 So when you getting in your undies for me? Xx Me being
naughty! Any you complaining about me being naughty xx
⢠6 December 2018 You got sexy! Exactly you do need naughtiness xx Youâre hot
sexy xx
⢠7 December 2018 Sexy hot? Lol xx
⢠7 December 2018 Stop getting embarrassed lol I agree sexy hot wouldnât Wana
[sic] be naughty if not?!
⢠20 December 2018 Shame you werenât alone? Lol (winking & blowing kiss emoji)
xx And free! Lol xx
⢠21 December 2018 Just a single kiss? Lol xx
⢠23 December 2018 You know you want to! (heart-eyed emoji & blowing kiss emoji)
xx If I had given you a hug Iâd have wanted a play too lol xx
⢠30 December 2018 Horny now! Lol xx I can come pick you up? Xx
⢠I canât help it if youâre hot and I Wana [sic] be naughty lol xx 11
⢠20 August 2018 âTrousers already undone so they come down easily lol xxâ
⢠29 August 2018 âFinding your best undies for Wednesday hahaha xâ
⢠5 September 2018 âHot thou! (heart-eyed emoji) xxâ âvery tight trousers tomorrow
(crying/laughing face emoji) xâ âSo can pull sown easily lol xxâ
⢠7 September 2018 âCanât believe you didnât show me sexy undies earlier lol xâ
⢠14 September 2018 âDo the toilets have the full covers? Xxâ âSo you can be sitting
on one with pants off (heart-eyed emoji x 5) Legs open?! (heart-eyed emoji) xâ
âHow wet do you get? Xxâ âCome sit on me?! (heart-eyed emoji x 2) xxâ âCan we
be a little naughty in school too? Xxâ
⢠13 October 2018 âLooking sexy yesterday! Xâ
⢠6 November 2018 âSee a little naughty is nice! Lol (crying with laughter emoji)
could have put your sexy undies on lol xxâ
⢠8 November 2018 âSo we having naughtiness before I leave? Lol xxâ
⢠17 November 2018 âIâll be naked if that helps!? Lol (crying with laughter emoji) xxâ
The panel considered the oral evidence and written statement of Individual A. Individual
A stated that Mr Kalnins [REDACTED].
Individual A stated that [REDACTED], Mr Kalnins added Individual A on Facebook and
began sending her messages, which soon became inappropriate. She stated that there
were a lot of messages, and that these were sexualised, for example, he would ask her
to âget dirtyâ.
Individual Aâs evidence was that she did not find the messages funny at all and tried to
ignore them but when she did Mr Kalnins would keep on messaging. Individual A
indicated she would try and keep the messages friendly and polite in the manner of
talking to a friend and would not respond with sexual messages. She stated she ignored
a lot of his messages hoping he would get the hint that she was not interested in him.
Individual A described how Mr Kalnins came to parts of the school where she was
[REDACTED] without having any reason to be there and she always felt like he was
trying to get her on her own but she always made sure she had people around her.
Individual A submitted that Mr Kalnins would describe in his messages proposals to
follow her into the female toilets and pull down his trousers and would ask her if she was
at work. Individual A stated that she eventually blocked Mr Kalnins in April 2019, and in
September 2020 was asked about the messages by Individual G, whom she
subsequently showed the messages to. 12
Individual A was clear in her evidence that she did not welcome or seek the messages
from Mr Kalnins. Individual A indicated in oral evidence that at no point had there been a
relationship of any nature beyond that of colleagues [REDACTED] between her and Mr
Kalnins.
Individual A gave evidence that [REDACTED] she was substantially subordinate in
School Aâs structure to Mr Kalnins though did not directly report to him.
Individual A confirmed that in providing copies of the message exchanges between her
and Mr Kalnins to School A she provided complete copies of the relevant exchanges and
did not redact or delete messages from her to Mr Kalnins.
The panel carefully considered the statement of Individual A taken during investigations
into the matters to which the allegations related and found this statement to be consistent
with Individual Aâs statement to the TRA.
The panel considered the oral evidence and written statement of Individual G, who stated
that she spoke with Individual A after an incident regarding Mr Kalnins messaging
Individual B had come to light. Individual G said Individual A had informed her that Mr
Kalnins would send her messages that were ârude and pervertedâ.
The panel considered the written statement of Mr Kalnins, who stated that what had
begun as simple everyday conversations slowly developed into friendly familiarity
between him and Individual A and a sense of ease between them. He stated he
connected with her on Facebook in August 2018. He stated that they began exchanging
messages which became more personal and deepened into private, intimate messages
over the following months. Mr Kalnins denied he would hover around her and denied
threatening her job.
Mr Kalnins stated that he thought their chats were mutual and consensual, and that it
was a period of time when they both explored feelings. He stated that the messages
were part of a two way conversation, and any comments he made were fantasy. Mr
Kalnins stated that he was completely unaware how Individual A was feeling and that he
genuinely believed they were both comfortable and enjoying the messages.
Mr Kalnins stated that he now recognised that sending sexual messages to Individual A
was inappropriate, regardless of how mutual he felt the conversations to be at the time.
Mr Kalnins stated that looking back he understands he should have used better
judgement and was truly sorry for his behaviour.
The panel carefully considered the evidence before them. The panel considered that it
appeared to be uncontested that messages as itemised within Schedule 1 were sent by
Mr Kalnins to Individual A. This was clearly accepted by Individual A and Mr Kalnins
himself, albeit that Mr Kalnins submitted they did not represent the full picture. 13
The panel again considered Individual Aâs live evidence that these messages were not
welcomed and that she had not been engaged in a personal relationship with Mr Kalnins.
On carefully considering the messages which it had reviewed, the panel concluded that it
was more likely than not that these messages demonstrated the pattern of
correspondence between Individual A and Mr Kalnins. It saw no evidence that Individual
A had sought to remove messages from that which she disclosed so as to present a
partial picture.
The panel noted Individual Aâs clear evidence that these messages were not sought by
her or welcomed by her and that this appeared consistent with the list of messages which
it had.
The panel carefully reminded itself of the content of those messages and found them to
be overtly sexual and that many referred to sexual activities which Mr Kalnins stated he
sought to engage in with Individual A (noting that Mr Kalnins asserted these reflected
fantasies) and, more generally, sexual thoughts concerning her.
The panel considered that it had been proven by the TRA that on one or more occasions
Mr Kalnins had sent Individual A messages as set out within Schedule 1 and that these
messages, including those which it had listed in its findings, were inappropriate.
The panel found allegation 1(a) proven on the balance of probabilities.
b) On or around 20 August 2018, you told Individual A to delete messages you
had sent to her;
The panel noted that Mr Kalnins appeared to admit allegation 1(b). Notwithstanding this,
the panel made a determination based on the evidence before it.
The panel again considered the oral evidence and written statement of Individual A.
Individual A stated that Mr Kalnins asked her to delete the messages he had sent her,
saying that they were just between them.
The panel noted within the bundle a message from Mr Kalnins to Individual A, seemingly
of 20 August 2018 saying, âBtw make sure you delete the messages incase anyone sees
lol xxâ.
The panel considered the written statement of Mr Kalnins, who stated that he did request
Individual A to delete messages but that he asserted that this was in response to a
previous conversation and was not intimidating.
The panel was satisfied that it had been proven that on or around 20 August 2018 Mr
Kalnins told Individual A in a message to delete messages which he had sent to her.
The panel found allegation 1(b) proven on the balance of probabilities. 14
c) In relation to Individual B on one or more occasions:
i) Sent inappropriate messages, as set out within Schedule 2;
The panel noted that Mr Kalnins admitted certain factual aspects of the allegations within
allegation 1(c). Notwithstanding this, the panel made a determination on all of the
allegations within allegation 1(c) based on the evidence before it.
The panel was provided with screenshots of messages which had been provided by
Individual B to those conducting the investigations into the matters set out within the
allegations. The panel noted that the screenshots were asserted to display messages
sent by Mr Kalnins to Individual B between May 2017 and July 2018. Individual B
exhibited these messages to her statement and they included those set out in Schedule
2.
The panel noted the following messages in particular:
1. And Iâm happy for you to massage me there! Lol x
2. Can be half naked there! (laughing crying emoji)
3. 31 May 2017 Iâm waiting for my massage! Lol (laughing crying emoji) x Plan lol x Half
a plan lol x
4. Nahhh Iâll fit the time in lol and you want to come massage me! Haha x
5. Haha ok but trousers off then! Lol x
6. Haha plan and panties (winking and laughing crying emoji) x Well just have to take
them off andâŚ
7. Yes and massage! Lol x Back of leg and bum!? Lol x Thatâs why you need a short
skirt on lol x
8. 28 May 2017 Seeing as itâs my bday tomorrow do I get a massage? Lol (laughing
crying emoji) x
9. Just come in in a shorter skirts fine! Lol ok cheers x Boooo lol knee lengths fine lol x
10. 25 May 2017 You ready for that massage? Lol x
11. Prefer u in a skirt (winking emoji) May have to lift it up thou! Lol x
12. She puts hers on, you yours and Iâll get you both matching underwear! Sorted lol x
Hahaha but a nice thought hahah x
13. Haha I thought u in those pornstar boots?! Lol x 15
14. You can take clothes off so you qualify Lol x
15. You were in my car could have at least played with my hard stick? Lol x
16. Iâm sorry if Iâm bad?! Lol xx
17. Just a big tease lol xx Iâll do you s deal Iâll get you in ur undies and visa Versa lol xx Iâll
get you in your undies*
18. So shower it is then lol x Wouldnât be like this with anyone as incase they said yes lol
x Hey Iâm not Gona lie I wouldnât complaint at all! Lol x But I know you wonât lol x
Anytime you want that shower just let me know (laughing crying emoji x 2) x No
together hahahaha x
19. 8 December 2018 No pinching asses! Lol x Sorry one pinch and one feel lol x
20. Stop teasing me lol xx
21. When we shower Iâll give you a gd back scrub as thanks lol (winking emoji and
laughing crying emoji) x
22. Actually Iâd struggle if you were standing in underwear (laughing crying emoji x 2)
haha but thatâs not Gona happen (laughing crying emoji x 2) x
The panel considered the oral evidence and written statement of Individual B, who stated
that she initially knew Mr Kalnins from when he had been her PE teacher at St Thomas
More Secondary School.
Individual B stated that she then came across Mr Kalnins when starting as a newly
qualified teacher (âNQTâ) at School A. Individual B stated that when she started working
at School A she connected with her colleagues on Facebook, including Mr Kalnins.
Individual B stated that Mr Kalnins started making verbal comments to her two weeks
after her employment started and began to message her in December 2016 and that his
messages to her turned sexual. She explained that she adopted the approach of
brushing off the messages and ignoring them including by using laughing emojis.
Individual B explained that on one occasion they were driving to a [REDACTED], and she
was travelling with Mr Kalnins and [REDACTED] pupils in the car. She stated that he
texted her about playing with his âhard stickâ in the car referring to his penis.
Individual B indicated that Mr Kalnins would message her consistently through the day
early in the morning and late at night, including whilst he was teaching children.
Individual B submitted that Mr Kalnins would sexualise all the comments he sent her, or
respond sexually to innocent comments which she sent to him. She stated that he had 16
asked her to speak on another social media platform so that his partner did not see the
messages. She stated that Mr Kalnins on one occasion said he was âwaiting for his
massageâ and said he could be half naked, and said âyou want to come in and massage
meâ. Individual B stated that she received messages about getting matching underwear,
and whether he should get âthongs or Frenchâ.
Individual B stated that some messages commented on her appearance. She stated that
Mr Kalnins told her how he would like her to wear her âporn star bootsâ, and that he
preferred her wearing a skirt and that he may have to âlift it upâ and would get to school
early to do so. She said that Mr Kalnins had said that a flowing skirt would be easier to lift
and that a skirt was easy to take off. Individual B stated that Mr Kalnins told her he
preferred shorter skirts so he could pinch her bum and would point out when he said he
could see her bra.
Individual B stated that Mr Kalnins told her on one occasion that his job was stressful and
that he needed to âperveâ to cope with work pressures.
Individual B provided that she was not friends with Mr Kalnins outside of work and did not
see him outside of school except for school social gatherings.
Individual B submitted that Mr Kalnins would ask for nude pictures of her and stated that
he wanted a picture of her in her pyjamas and would say that she knew what type of
photo he was asking for.
The panel sought to test Individual Bâs evidence carefully recognising that neither Mr
Kalnins nor his legal representative were present at the hearing. The panel found
Individual B to be a consistent and forthcoming witness and her evidence to be
compelling.
In oral evidence, Individual B set out her distress at receiving these messages from Mr
Kalnins and the impact they had on her. She stated that to the extent to which she
responded to these messages she did so in the hope that he would cease the
correspondence if she made clear that his advances were never going to be accepted.
Individual B stated that her purpose in responding sometimes was also to keep the
correspondence as calm as it could be and to prevent escalation. Individual B made clear
that she never had any manner of personal relationship with Mr Kalnins and had not
sought one.
Individual B set out that she understood Mr Kalnins attended the senior leadership
meetings of School A and that he was on very good terms with School Aâs senior leaders.
She inferred from this that Mr Kalnins had influence over those senior leaders. She
stated that she was informed by Mr Kalnins that, after she had been at School A for a
while, he had been appointed her formal mentor but later learned this was not a formal
arrangement. 17
Individual B described that there were a number of factors which led to her feeling that
she could not raise a formal complaint about Mr Kalninsâ actions and led to her not being
able to trust that she would be believed by the senior staff. These included Mr Kalnins
being in a senior role at School A and his professed strong relationships with the senior
members of the school, as well as his position as a Eucharistic Minister [REDACTED]
(School A being a Catholic school).
Individual B also pointed out that this was her first teaching role and that she had been
given to understand from other staff that Mr Kalninsâ behaviour was standard for him.
Individual B indicated that she had not had the chance to develop an understanding of
the reality of appropriate boundaries between staff on joining School A but now
recognised that Mr Kalninsâ behaviour and messages to her were wholly inappropriate.
Individual B gave evidence as to the impact of Mr Kalninsâ actions and messages upon
her. She set out that the messages had led to a situation where she was not comfortable
to wear the clothes she would have chosen to wear to school and was not comfortable
attending school without a cardigan. Individual B gave an illustration of a working day on
which she forgot her cardigan and had to telephone her then partner to bring it to School.
Although she was entirely properly dressed, she did not want to appear before Mr
Kalnins without her cardigan on. She also talked about how she would time her working
day to seek to ensure that she was not alone with Mr Kalnins.
The panel noted the investigation document entitled âa written statement from Person 1
gathered over a period of time dated 7 October 2020 and 8th October 2020â. The panel
heard that these were the recollections which Individual B provided to School A. The
panel noted that these recollections appeared consistent with Individuals Bâs evidence to
the panel and the messages exhibited to her statement and within Schedule 2.
The panel also noted the yellow logging behaviour form dated 18 September 2020
submitted, it understood, by Individual B in respect of Mr Kalnins, which detailed that Mr
Kalnins had sent her numerous inappropriate messages from 2015 to 2018. Again, the
content of that form appeared consistent with Individual Bâs evidence to the panel.
The panel considered the oral evidence and written evidence of Individual G, who stated
that on 17 September 2020, Individual E, [REDACTED], informed her that there were
concerns that Mr Kalnins had been described as âcreepyâ. Individual G stated that she
spoke to Individual B, who had a very physical reaction and went pale when she raised
the matter with her. Individual B informed her that Mr Kalnins had been sending her
inappropriate messages over time and that they became sexually explicit.
Individual G stated that Individual B made a statement, that she continued to add to, up
until May 2022. The panel saw and considered this statement. Individual G explained that
Individual B had told her that Mr Kalnins had led her to believe that she was in danger of 18
losing her job as a result of knowledge he gleaned at the Senior Leadership Team
(âSLTâ) meetings which he attended and that the SLT did not like her.
Individual G noted that some messages between Individual B and Mr Kalnins appeared
to have been sent during school hours due to the time stamps on them.
Individual G stated that Individual B had explained that Mr Kalnins told her to not tell
anyone about the messages, to delete them, and to use a different form of social media
to exchange messages so that his girlfriend would not see them.
The panel considered the written statement of Mr Kalnins, who stated that his
relationship with Individual B developed gradually over time. He stated that when she first
started at School A, he didnât realise who she was and stated that he added her on social
media after a party hosted by a mutual friend.
Mr Kalnins stated that they communicated in a friendly way, spending time in each
otherâs classrooms, and explored their connection beyond school hours. He stated that
their relationship was friendly and supportive and grew comfortable both within the school
environment and outside of it.
He stated that any messages referencing sex would have been a joke, and accepted that
he sent messages about massages, but asserted that this was in jest as he played rugby
and had a habit of asking those he knew for massages. Mr Kalnins stated that Individual
B was aware of this and would often refer to giving him a massage verbally as a joke. He
further stated that the suggestive comment about playing with a hard stick was an
attempt at a humorous innuendo.
Mr Kalnins denied that he has misrepresented his authority over Individual B in any way
or lied to her about the content of SLT meetings.
Mr Kalnins stated that the shower comment in the messages was in response to a
message Individual B had sent him, and the conversations around clothing were part of a
two way conversation and were presented out of context.
Mr Kalnins stated that he and Individual B were both consenting adults and he thought
that any sexual content in their messaging was reciprocated and part of a two way
interaction.
Mr Kalnins went on to say that he recognised that sending messages to Individual B was
inappropriate and something he should not have done. He stated that regardless of his
intentions his actions crossed professional and personal boundaries that should have
been respected. He stated that what may have felt casual or harmless to him could
reasonably have been uncomfortable, unwelcome, or confusing for her. He stated that he
now understands that intent does not outweigh impact, and that it was his responsibility 19
to consider how his behaviour might be perceived by others. He also said that he took
responsibility for this behaviour and acknowledged that it was wrong.
The panel was satisfied on the balance of probabilities that Mr Kalnins had sent
Individual B messages including as set out in Schedule 2. The panel was satisfied that it
had been proven that Mr Kalninsâ messages, including but not limited to those it listed in
these findings, were inappropriate. The panel formed this view for reasons including the
fact that the messages were not sought or requested, were not for any legitimate
professional purpose, were deeply personal and sexual, were, on occasion, sent within
working time and were entirely beyond any appropriate professional boundaries between
colleagues. The panel also formed this view given that Mr Kalnins was clearly in a
position of trust with regard to Individual B and that they were in an unequal position as
colleagues.
The panel did not accept as plausible Mr Kalninsâ position that he believed he was
engaged in consensual correspondence with Individual B. Further the panel found the
messages which Individual B was recorded as having sent to Mr Kalnins to be wholly
consistent with her stated position that she was seeking to make clear, by that
correspondence, that there was no prospect of a sexual relationship between them as
well as seeking to prevent an escalation of the correspondence. The panel found no
evidence that Individual B had manipulated the messages or excluded or deleted
messages from herself to Mr Kalnins from the screenshots which it had before it and
noted that Individual B denied this.
The panel found that Mr Kalnins sent Individual B inappropriate messages on one or
more occasions as set out in Schedule 2 between around September 2016 and
December 2018 including those listed in its findings.
The panel therefore found allegation 1(c)(i) proven.
ii) You told Individual B to delete messages you had sent to her;
The panel again considered the oral and written evidence of Individual B.
It noted that Individual B had said that Mr Kalnins had said to her on ânumerous
occasionsâ to delete the messages he sent. He would often ask her to show him when
she had deleted the messages and said that if anyone ever saw the messages they
would think badly of âusâ.
The panel noted the document entitled âStatement Individual Bâ gathered by Individual G
as part of her investigations. The panel noted that within that statement Individual B was
recorded as having said âHe told me to delete the messages that he was sending. He
texted saying make sure you delete these messages. When I said I donât delete
messages he said well you should, imagine what ____ [REDACTED] would think if he
saw them. I told him that I had already told [REDACTED] because I tell him everything. 20
Ashley said I shouldnât tell him everything because that isnât normal and he said well you
should delete them we donât want anyone at school finding out. He came and saw me in
school to ask if I had deleted the messages and offered to go on my phone and show me
how to and told me to give him my phone and he would delete them for me. I lied and
said my phone wasnât in school that day and he said well google it and make sure you do
when you get home. He kept asking in school if I had deleted them and I said yes
because I wanted him to stopâ.
Individual B said that Mr Kalninsâ actions were ongoing through the relevant time period.
She stated that from her third year at School A he was increasingly concerned about her
keeping the messages and wanted to make sure she had deleted them. Individual B said
Mr Kalnins had said he would delete the messages straight away as he did not want
[REDACTED].
The panel again considered the written evidence of Mr Kalnins. Mr Kalnins stated that he
asked Individual B to delete the messages due to his being in a relationship at the time
and his not wanting [REDACTED] to know that he was sending and receiving sexualised
messages. He stated that had he been single he would not have done this. He stated
that he did not recall telling Individual B specifically to delete the messages but did
remember a verbal conversation where Individual B suggested that she did not want
[REDACTED] to see the messages and he suggested âto delete them thenâ.
The panel considered all the evidence and found that Mr Kalnins told Individual B to
delete messages he had sent to her on one or more occasions between around
September 2016 and December 2018.
The panel therefore found allegation 1(c)(ii) proven.
iii) Made inappropriate comments, including inviting Individual B to send
you nude pictures of herself;
The panel was satisfied that the comments attributed to Mr Kalnins within Schedule 2,
including those itemised as numbers 1 to 22 under its findings regarding allegation 1(c)(i)
above had been made by Mr Kalnins and that those comments 1 to 22 were clearly
inappropriate for the reasons it had itemised.
The panel again considered the oral and written evidence of Individual B who confirmed
that Mr Kalnins had asked her for naked photos and photos in pyjamas.
The panel noted the investigation document entitled âa written statement from Person 1
gathered over a period of time dated 7 October 2020 and 8
th October 2020â in which
Individual B was recorded as saying of Mr Kalnins that âHe would ask for naked pictures
to be sent and pictures of me in sexy pyjamasâ. 21
The panel noted that Mr Kalnins denied his comments were inappropriate including for
the reasons described in the findings with regard to allegation 1(c)(i) and that he did not
recall ever asking Individual B for nude pictures.
The panel considered all the evidence and found it proven on the balance of probabilities
that Mr Kalnins made inappropriate comments, including inviting Individual B to send him
nude pictures of herself on one or more occasions between around September 2016 and
December 2018.
The panel therefore found allegation 1(c)(iii) proven.
iv) Made inappropriate comments about Individual Bâs clothing;
The panel reminded itself of the inappropriate messages that it had found proven were
sent by Mr Kalnins to Individual B. It noted in particular the messages which it had
numbered 6, 7, 9, 11, 12, 13, 14, 17 and 22 within its findings with regard to allegation
1(c)(i). The panel had found these comments to be highly personal and clearly
inappropriate for the reasons stated in the response to allegation 1(c)(i).
The panel noted that Mr Kalninsâ position was that the conversations about clothing were
a running joke where Individual B would sometimes ask him what he thought about her
clothes and then comment. He cited Individual Bâs comment âGenuinely considering
having trousers back on as this skirt was a nightmare ahaâ.
The panel carefully considered the evidence and concluded that Mr Kalnins had made
inappropriate comments about Individual Bâs clothing on one or more occasions between
around September 2016 and December 2018 as set out in the messages which it had
numbered 6, 7, 9, 11, 12, 13, 14, 17 and 22 within its findings with regard to allegation
1(c)(i).
The panel found allegation 1(c)(iv) proven.
v) Asked Individual B to give you a massage or words to that effect;
The panel reminded itself of the inappropriate messages that it had found proven were
sent by Mr Kalnins to Individual B. It noted in particular the messages which it had
numbered 1, 3, 4, 7 and 8 within its findings with regard to allegation 1(c)(i). The panel
found these comments clearly constituted Mr Kalnins asking Individual B for a massage
or words to that effect.
The panel reminded itself of the evidence of Mr Kalnins who accepted that he sent
messages about massages, but asserted that this was in jest as he played rugby and
had a habit of asking those he knew for massages. Mr Kalnins stated that Individual B
was aware of this and would often refer to giving him a massage verbally as a joke. 22
The panel carefully considered the evidence and concluded that Mr Kalnins had asked
Individual B to give him a massage or words to that effect on one or more occasions
between around September 2016 and December 2018 as set out in the messages which
it had numbered 1, 3, 4, 7 and 8 within its findings with regard to allegation 1(c)(i).
The panel found allegation 1(c)(v) proven.
vi) Made comments about sharing a shower with Individual B;
The panel reminded itself of the inappropriate messages that it had found proven were
sent by Mr Kalnins to Individual B. It noted in particular the messages which it had
numbered 18 and 21 within its findings with regard to allegation 1(c)(i). The panel found
these comments to be made by Mr Kalnins about his sharing a shower with Individual B.
The panel considered Mr Kalninsâ evidence that the messaging around showering was in
response to Individual Bâs comments, for example, Individual Bâs text: âLike hey Ash
having a shower atm just wanted to let you know.â âThen if I donât message for an hour
you can probably assume Iâve fell and then send help ahahahahaâ.
The panel noted that Individual B had responded to this assertion in her evidence
indicating that this was part of her tactic to mock and be seen to take less seriously Mr
Kalninsâ comments, here deliberately misinterpreting what she understood to be his
suggestion that they have a shower together, in her efforts to govern, minimise and
hopefully encourage a cessation of his behaviour.
The panel carefully considered the evidence and concluded that Mr Kalnins had made
comments about sharing a shower with Individual B on one or more occasions between
around September 2016 and December 2018.
The panel found allegation 1(c)(vi) proven.
3. Your conduct as set out in any or all in paragraphs 1 above was sexually
motivated;
The panel noted that Mr Kalnins denied allegation 3.
The panelâs attention was drawn to the cases of Basson v General Medical Council [2018]
and The General Medical Council v Haris [2020] EWHC 2518.
The panel considered whether the conduct was sexually motivated. It noted that in Basson
it was stated that, âA sexual motive means that the conduct was done either in pursuit of
sexual gratification or in pursuit of a sexual relationshipâ.
The panel was also mindful of the Court of Appealâs conclusion in General Medical Council
v Haris [2021] EWCA Civ 763. The Court found in that case that, âIn the absence of a
plausible innocent explanation for what he did, the facts spoke for themselves.â 23
The panel considered the written evidence of Mr Kalnins. He stated that the flirting
(between consenting adults) and the conversations between him and Individual A and
Individual B were all two way and their messages to him contained innuendo and sexual
content too but that these had almost all been deleted.
Mr Kalnins stated that he honestly believed that what had occurred was humorous banter
and that neither he nor Individual A or Individual B had any actual sexual attraction or
motivation and that he certainly did not.
Mr Kalnins stated that when the extracts are read together and out of context only one
side of the dialogue is shown and that if these messages were to be read in real time,
and the whole conversations shown, then the context would be clear.
The panel considered that the content of a large number of the messages which it had
found proven under allegation 1 that Mr Kalnins had sent to Individual A and to Individual
B was inherently sexual. The panel noted that this was clear from a simple review of
those statements including references to massages, to underwear, to joint showers, to
loose clothing, to sexual activities and to parts of the body.
The panel considered that these messages appeared to illustrate a very detailed pattern
of overtly sexualised behaviour by Mr Kalnins towards both Individual A and Individual B.
The panel carefully considered Mr Kalninsâ argument that this was flirting and
conversation between two consenting adults but did not consider that this was
evidenced, including within the messages which Mr Kalnins had provided which it
considered. The panel noted that it had heard evidence from both Individual A and
Individual B that they had not deleted messages from the series of messages they had
disclosed which the panel had considered. Individual A and Individual B were also clear
that at no point did they consider that they were engaged in humorous banter nor did
they send messages containing sexual content or innuendo. The panel did not find it
evidenced that Individual A or Individual B responded to Mr Kalnins in a way which could
be considered as resembling flirtatious banter.
The panel considered whether there was a âplausible innocent explanationâ for Mr
Kalninsâ behaviour. The panel noted Mr Kalninsâ explanation which appeared to be
fundamentally that he was engaged in consensual banter with both Individual A and
Individual B. Having heard direct evidence from both individuals and having seen the
correspondence which had passed between them and Mr Kalnins the panel did not
accept that there was any plausibly innocent explanation as to why Mr Kalnins had acted
in the way he had.
Taking into account the circumstances, the panel considered it proven to the standard of
the balance of probabilities that Mr Kalnins conduct as found proven in allegation 1 was
done either in pursuit of sexual gratification or in pursuit of a sexual relationship. 24
Taking into account all of the evidence before it and drawing on its professional
judgement, the panel found that the conduct found proven against Mr Kalnins in respect
of allegation 1 was sexually motivated.
The panel found allegation 3 proven.
4. Your conduct as set out within paragraph 1(b) and/or 1(c) (ii) amounts to a
lack of integrity and/or dishonesty.
The panel noted that Mr Kalnins denied allegation 4.
The panel first considered whether Mr Kalnins had failed to act with integrity. The panel
considered the case of Wingate & Anor v The Solicitors Regulation Authority.
The panel had been provided with evidence that Mr Kalnins told Individual A and
Individual B to delete the inappropriate messages he had sent them.
The panel was mindful that professionals are not expected to be âparagons of virtueâ.
The panel was satisfied though that Mr Kalnins had failed to act within the higher
standards expected of a teacher by deliberately asking Individual A and Individual B to
delete the messages so that they could not be seen.
The panel noted that even on Mr Kalninsâ defence his purpose in asking for the
messages to Individual B to be deleted appeared to be so that they could be concealed
from his partner, though he raised no such motivation with regard to his requests to
Individual A. The panel considered it was likely that Mr Kalnins also requested the
deletion of the messages for the purposes of ensuring that they were not disclosable in
any disciplinary issues which might have subsequently arisen.
The panel was satisfied that Mr Kalnins conduct, as found proven, lacked integrity.
The panel then went on to consider whether Mr Kalnins had acted dishonestly and, in
doing so, had regard to the case of Ivey v Genting Casinos (UK) Ltd t/a Crockford.
The panel firstly sought to ascertain the actual state of Mr Kalninsâ knowledge or belief as
to the facts.
The panel noted Mr Kalninsâ position was that he did not act dishonestly by asking that
the texts be deleted. He stated that they were private communications which were not
related to work matters and he did not intend them to be shared. Mr Kalnins considered
that he had the right to ask for his privacy to be respected.
The panel took account of Mr Kalninsâ admission that he asked Individual A and
Individual B to delete the messages and that he was clearly concerned that they not be
disclosed. The panel noted that this was despite his stated defence to the allegations 25
generally that the messages constituted consensual banter between him and Individual A
and Individual B.
The panel noted that these messages were inappropriate and unsolicited and it
considered on balance that Mr Kalnins would have been aware of this fact and would be
aware that the messages would constitute evidence in any disciplinary or professional
regulatory proceedings which might arise.
The panel concluded that Mr Kalnins had deliberately and, at least in Individual Bâs case
persistently, asked Individual A and Individual B to delete the inappropriate messages he
had sent in an attempt to conceal the messages.
The panel considered whether Mr Kalninsâ conduct would be considered dishonest by the
standards of ordinary, decent people.
The panel was satisfied that Mr Kalnins had acted dishonestly, that he would have been
fully aware that his actions were dishonest and that his conduct would be considered
dishonest by the standards of ordinary, decent people.
The panel found allegation 4 proven.
Findings as to unacceptable professional conduct and/or conduct that
may bring the profession into disrepute
Having found all of the allegations proved, the panel went on to consider whether the
facts of those proven allegations amounted to unacceptable professional conduct and
conduct which may bring the profession into disrepute.
In doing so, the panel had regard to the document Teacher misconduct: The prohibition
of teachers, which is referred to as âthe Adviceâ.
The panel first considered whether the conduct of Mr Kalnins, in relation to the facts
found proved, involved breaches of the Teachersâ Standards.
The panel noted that the preamble to the Teachers' Standards states âTeachers..[âŚ] are
accountable for achieving the highest possible standards in work and conductâ and
âTeachers act with honesty and integrity [âŚ.] and [âŚ] forge positive professional
relationshipsâ and considered that Mr Kalnins was in breach of these parts.
The panel considered that, by reference to Part 2, Mr Kalnins was in breach of the
following standards:
ď§ Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school, by 26
o [âŚ.] building relationships rooted in mutual respect, and at all times
observing proper boundaries appropriate to a teacherâs professional
position
o showing tolerance of and respect for the rights of others
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach, [âŚ.]
ď§ Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel considered the copies of School Aâs policies which it had sight of and
considered that Mr Kalninsâ actions represented breaches of those policies.
The panel considered the policy on staff/governor use of social networking and Internet
sites as ratified on 15 September 2017. The panel noted the non-exhaustive list of
matters that the school considered to be inappropriate including âusing social
media/Internet sites in a manner that would put staff/governors in breach of school codes
of conduct or existing policiesâ. The panel considered the Mr Kalninsâ actions appeared to
breach this term.
The panel noted School Aâs dignity at work policy adopted on 15 September 2017. It
considered the following section to be relevant âconduct may be harassment whether or
not the person behaving in that way intends to offend. Something intended as a joke may
offend another person. Different people find different things acceptable. Everyone has
the right to decide what behaviour was acceptable to him/her and have his/her feelings
respected by others. Behaviour as any reasonable person would realise it would be like
to have end will be harassment without the recipient having to make it clear in advance
the behaviour of that type is not acceptable to him/her e.g. Certain âbanterâ, flirting..â.
The panel noted the persistent nature of Mr Kalninsâ messages and that he had not
stopped even when individuals had variously sought to bring the correspondence to a
conclusion or ignored his messages.
The panel noted that the dignity at work policy, indicated that bullying and harassment
may be misconduct that is physical verbal or nonverbal and specifically referred to social
media postings or messages, to unwelcome sexual advances, to unwanted or
demeaning comments about a person's appearance or dress and to jokes or comments
of a sexual nature.
The panel noted the staff behaviour policy adopted on 16 October 2017 which stated that
âall employees are expected to treat [âŚ] other colleagues [âŚ] with dignity and respect
and to comply with all relevant school policiesâ, and that âunacceptable behaviourâ
included the use of inappropriate language or unprofessional behaviour with colleagues.
This language was repeated in the staff behaviour policy adopted on 18 October 2018. 27
The 2017 staff behaviour policy also stated that âEmployees and volunteers should
therefore understand and be aware that safe practice also involves using judgement and
integrity about behaviours in places other than the work setting. That includes behaviours
on social media websites and other online behavioursâ.
The panel also considered whether Mr Kalninsâ conduct displayed behaviours associated
with any of the offences listed on pages 12 and 13 of the Advice.
The Advice indicates that where behaviours associated with such an offence exist, a
panel is likely to conclude that an individualâs conduct would amount to unacceptable
professional conduct.
The panel found that the offence type of sexual activity was relevant.
The panel noted the various breaches of the Teachers Standards and the breaches of
internal policies which it had found proven.
The panel also noted that the allegations which it had found proven included a repeated
course of conduct in sending inappropriate and highly sexualised messages to two junior
female members of staff.
The panel noted that it had found that this behaviour was sexually motivated. The panel
noted that these messages had been sent both during and outside school time and again
noted Individual Aâs and Individual Bâs evidence as to the serious impact which these
unwelcome behaviours had had upon them. The panel considered Mr Kalninsâ
behaviours to be extremely serious misconduct and to demonstrate a pattern of
behaviour towards women which was wholly unacceptable.
The panel again referred back to Part 2 of the Teachersâ Standards which it had found Mr
Kalnins had breached specifically that âTeachers uphold public trust in the profession and
maintain high standards of ethics and behaviour, within and outside school by building
relationships rooted in mutual respect, and at all times observing proper boundaries
appropriate to a teacherâs professional positionâ. The panel considered that it was
demonstrably clear from this that these expectations of behaviour, including towards
colleagues, were part of Mr Kalninsâ teaching role and that he had manifestly breached
them.
For these reasons, the panel was satisfied that the conduct of Mr Kalnins amounted to
misconduct of a serious nature which fell significantly short of the standards expected of
the profession.
Accordingly, the panel was satisfied that Mr Kalnins was guilty of unacceptable
professional conduct. 28
In relation to whether Mr Kalninsâ actions amounted to conduct that may bring the
profession into disrepute, the panel took into account the way the teaching profession is
viewed by others. It considered the influence that teachers may have on pupils, parents
and others in the community. The panel also took account of the uniquely influential role
that teachers can hold in pupilsâ lives and the fact that pupils must be able to view
teachers as role models.
In considering the issue of disrepute, the panel also considered whether Mr Kalninsâ
conduct displayed behaviours associated with any of the offences in the list that begins
on page 12 of the Advice.
As set out above in the panelâs findings as to whether Mr Kalnins was guilty of
unacceptable professional conduct, the panel found that the offence type of sexual
activity was relevant.
The panel noted the case it had been referred to in legal advice of Mohammad Sarwar
Lone v Secretary of State for Education [2019] EWHC 531 and the quotation that âA vital
element of teaching as a profession is the concept of working with colleagues as a team
within the school or college. Public confidence in teachers requires that all members of
the profession have respect for their fellow teachersâ. The panel considered that Mr
Kalninsâ sexualised and sexually motivated actions towards colleagues, as found proven,
demonstrated the opposite of respect for his colleagues including his fellow teacher, an
NQT.
The panel considered that a properly informed member of the public would consider Mr
Kalninsâ actions towards his colleagues to be seriously wrong and reprehensible and
would consider that the behaviours it had found proven were not acceptable within the
teaching profession.
The panel considered that Mr Kalninsâ conduct was of a very serious nature and would
likely have a negative impact on the public perception of the individual as a teacher as
well as potentially damaging the publicâs perception of a teacher.
For these reasons, the panel found that Mr Kalninsâ actions constituted conduct that may
bring the profession into disrepute.
Panelâs recommendation to the Secretary of State
Given the panelâs findings in respect of unacceptable professional conduct and conduct
that may bring the profession into disrepute, it was necessary for the panel to go on to
consider whether it would be appropriate to recommend the imposition of a prohibition
order by the Secretary of State. 29
In considering whether to recommend to the Secretary of State that a prohibition order
should be made, the panel had to consider whether it would be an appropriate and
proportionate measure, and whether it would be in the public interest to do so. The panel
was aware that prohibition orders should not be given in order to be punitive, or to show
that blame has been apportioned, although they are likely to have punitive effect.
The panel had regard to the particular public interest considerations set out in the Advice
and, having done so, found a number of them to be relevant in this case, in particular the
maintenance of public confidence in the profession and the declaring and upholding
proper standards of conduct.
In light of the panelâs findings against Mr Kalnins, which involved a pattern of sexually
motivated behaviour in sending unsolicited and seriously inappropriate messages over a
sustained period of time to junior female colleagues, there was a strong public interest
consideration in declaring and upholding proper standards of conduct.
Similarly, the panel considered that public confidence in the profession could be seriously
weakened if conduct such as that found against Mr Kalnins was not treated with the
utmost seriousness when regulating the conduct of the profession.
The panel was of the view that a strong public interest consideration in declaring proper
standards of conduct in the profession was also present as the conduct found against Mr
Kalnins was outside that which could reasonably be tolerated.
In addition to the public interest considerations set out above, the panel considered
whether there was a public interest in retaining Mr Kalnins in the profession. Whilst there
was evidence that Mr Kalnins had abilities as an educator, the panel considered that the
public interest considerations above outweighed any interest in retaining Mr Kalnins in
the profession, since his behaviour fundamentally breached the standard of conduct
expected of a teacher, and he exploited his professional position.
The panel considered carefully the seriousness of the behaviour, noting that the Advice
states that the expectation of both the public and pupils, is that members of the teaching
profession maintain an exemplary level of integrity and ethical standards at all times.
In view of the clear public interest considerations that were present, the panel considered
carefully whether or not it would be proportionate to impose a prohibition order, taking
into account the effect that this would have on Mr Kalnins.
The panel took further account of the Advice, which suggests that a prohibition order may
be appropriate if certain behaviours of a teacher have been proved. In the list of such
behaviours, those that the panel considered were relevant in this case were:
ď§ serious departure from the personal and professional conduct elements of the
Teachersâ Standards; 30
ď§ abuse of position or trust [âŚ];
ď§ sexual misconduct, e.g. involving actions that were sexually motivated or of a
sexual nature and/or that use or exploit the trust, knowledge or influence derived
from the individualâs professional position;
ď§ dishonesty or a lack of integrity, including the deliberate concealment of their
actions or purposeful destruction of evidence, especially where these behaviours
have been repeated or had serious consequences, or involved the coercion of
another person to act in a way contrary to their own interests.
The panel noted that the Advice stated that panels should attach appropriate weight and
seriousness to online behaviours including, but not limited to: online misconduct;
facilitating online abuse; or facilitating inappropriate relationships (including both online
only relationships and where online relationships move into contact relationships).
The panel had found proven that Mr Kalnins had engaged in an extensive campaign of
online misconduct via social media over the course of a number of years with two
individuals for purposes which included his sexual motivation in facilitating undesired
inappropriate relationships. The panel therefore attached significant weight and
seriousness to these behaviours as found proven.
Even though some of the behaviour found proved in this case indicated that a prohibition
order would be appropriate, the panel went on to consider the mitigating factors.
Mitigating factors may indicate that a prohibition order would not be appropriate or
proportionate.
There was no evidence that Mr Kalninsâ actions were not deliberate.
There was no evidence that Mr Kalnins was acting under extreme duress.
Whilst there was some evidence as to Mr Kalninsâ abilities as a teacher the panel did not
find it evidenced that he demonstrated exceptionally high standards in both personal and
professional conduct or had contributed significantly to the education sector.
The panel considered the written statement of Mr Kalnins, who stated that [REDACTED].
Mr Kalnins expressed in his evidence that looking back he should have shown better
judgement and was truly sorry for his behaviour. Mr Kalnins stated that he deeply
regretted any actions and words that had unintentionally caused harm. He stated that he
would never wittingly upset another person and genuinely believed at the time his
comments were harmless flirting. Mr Kalnins stated that he could now see how he failed
to pick up on the other partiesâ reluctance at points and appreciated how his actions have
affected them and would like to apologise to them. Mr Kalnins recognised that his
behaviour failed to maintain appropriate boundaries. Mr Kalnins stated that he
understood now that intent does not outweigh impact, and it is his responsibility to 31
consider how his behaviour might be perceived by others. Mr Kalnins stated that going
forward, he was committed to learning from this and ensuring his behaviour remains
appropriate, respectful, and mindful of others at all times.
The panel considered Mr Kalninsâ evidence generally and, whilst it found some evidence
of remorse and insight, considered it to be limited and most of it to be substantially
caveated by Mr Kalnins. There was very little understanding evidenced by Mr Kalnins of
the impact his behaviours had had on his junior female colleagues or the impact of his
behaviours on the schools or wider profession.
Mr Kalnins did not appear to sufficiently grasp that his actions at the time were wholly
inappropriate and unacceptable.
The panel noted by way of illustration the statement that âI regret engaging in flirt and
jokey communication with the Individuals concerned and am very sorry if I caused any
upsetâ. The panel considered that not only did Mr Kalnins fail to demonstrate here his
understanding that his actions had caused upset and not just upset but damage to these
individuals, but he also failed to demonstrate that, viewed objectively, the sexually
motivated messages which he was found to have sent could not, including in the
circumstances in which they had been sent, be correctly described as âflirt and jokey
conversationâ.
The panel considered the character references submitted on behalf of Mr Kalnins which
attested to his abilities as a teacher. The panel were provided with references from the
following individuals:
⢠Individual F, [REDACTED]
⢠Individual H, [REDACTED]
⢠Individual I, [REDACTED]
⢠Individual J, [REDACTED]
The panel noted the following comments in particular:
⢠âAshley is an extremely dedicated, caring, and professional teacher and
colleague.â
Individual F, [REDACTED]
⢠âHe had an excellent rapport with the pupils and they were keen to learn. Ashley
had an excellent understanding of the curriculum and was able to share the
learning objective with his class.â 32
⢠âAshley is a reliable and dependable person who puts the needs of others before
himself.â
Individual H, [REDACTED]
The panel first considered whether it would be proportionate to conclude this case with
no recommendation of prohibition, considering whether the publication of the findings
made by the panel would be sufficient.
The panel was of the view that, applying the standard of the ordinary intelligent citizen, it
would not be a proportionate and appropriate response to recommend no prohibition
order. Recommending that the publication of adverse findings would be sufficient would
unacceptably compromise the public interest considerations present in this case, despite
the severity of the consequences for Mr Kalnins of prohibition.
The panelâs findings indicated that Mr Kalnins had, over a prolonged period, engaged in
extremely serious sexually motivated misconduct involving the sending of unsolicited
messages towards junior female employees who were in potentially vulnerable positions
due to their status. The panel found that he had not ceased to do so even when it was
apparent that the recipients of the messages were not engaging and were seeking to
bring the correspondence to a conclusion.
The panel noted that Mr Kalninsâ position was that he considered at the time that he was
a participant in a willing mutual exchange of correspondence. The panel failed to see
how anyone could plausibly have drawn this view from the facts which it found proven.
The panel considered that Mr Kalninsâ actions appeared to demonstrate a fundamental
lack of respect and consideration for his junior colleagues. The panel also noted that
significant amounts of this correspondence had been sent during working time and that
Mr Kalnins had clearly fundamentally breached the boundaries of appropriate conduct
towards colleagues who were subordinate to him (and who were, in the case of Individual
B at least, looking to him for potentially career defining guidance and support). The panel
considered Mr Kalninsâ behaviours to be exploitative towards junior female staff,
extremely serious misconduct and entirely unacceptable.
The panel was of the view that prohibition was both proportionate and appropriate. The
panel decided that the public interest considerations outweighed the interests of Mr
Kalnins.
All the above were significant factors in the panel forming its opinion. Accordingly, the
panel made a recommendation to the Secretary of State that a prohibition order should
be imposed with immediate effect.
The panel went on to consider whether or not it would be appropriate for it to decide to
recommend a review period of the order. The panel was mindful that the Advice states
that a prohibition order applies for life, but there may be circumstances, in any given 33
case, that may make it appropriate to allow a teacher to apply to have the prohibition
order reviewed after a specified period of time that may not be less than two years.
The Advice indicates that there are certain types of behaviour where the public interest
will have greater relevance and weigh in favour of not offering a review period. The panel
found one of these types to be specifically relevant to the case before it, being the
behaviour type of âserious sexual misconduct e.g. where the act was sexually motivated
and resulted in, or had the potential to result in, harm to a person or persons, particularly
where the individual has used their professional position to influence or exploit a person
or personsâ.
In this regard the panel noted that it had found that Mr Kalninsâ actions were sexually
motivated and clearly had the potential to harm people. The panel had, in fact, received
direct evidence from Individual A and Individual B as to the damage which Mr Kalninsâ
actions had caused to them. The panel noted that Mr Kalnins was in a senior position to
these individuals which had allowed him to be in a position to exploit their fears. In
accordance with the behaviour type within the Advice the panel considered this was a
situation where an individual had used his professional position to exploit two women.
The panel had no doubt the actions represented serious sexual misconduct.
The Advice also indicates that there are certain other types of cases where it is likely that
the public interest will have greater relevance and weigh in favour of a longer period
before a review is considered appropriate. The panel did not consider that any of the
characteristics listed there were engaged by the panelâs findings.
The panel again noted that it had found that Mr Kalnins had expressed some remorse
within his evidence about the impact which his actions had had and had sought to
demonstrate his attempts to gain insight over his motivations. The panel did again note
though that this remorse appeared to be expressed in caveated terms and that the tone
of Mr Kalninsâ evidence appeared to remain one of surprise in relation to the reactions of
the two subjects of his sexually motivated conduct.
The panel again carefully considered Mr Kalninsâ mitigation including as set out in detail
in his witness statement.
The panel did not consider it had any material evidence that Mr Kalnins had taken steps
to gain an understanding of when he was in danger of engaging in similar misconduct in
the future or put into place mechanisms to prevent his doing so. The panel noted that the
allegations which it had found proven clearly concerned repeated sexually motivated
actions towards junior, and therefore potentially vulnerable, colleagues who did not
respond in like terms or show interest in any manner of relationship with Mr Kalnins. The
panel did not consider that Mr Kalnins had materially appreciated that what he had done
was very seriously wrong. The panel found Mr Kalninsâ evidence as to his motivations,
triggers and intentions confused and unresolved. 34
Whilst noting the passage of time the panel found no evidence that Mr Kalnins had
materially changed since the events it was considering.
The panel considered that the risk of repetition of this type of serious misconduct was
extremely high.
The panel decided that the findings indicated a situation in which a review period would
not be appropriate and, as such, decided that it would be proportionate, in all the
circumstances, for the prohibition order to be recommended without provision for a
review period.
Decision and reasons on behalf of the Secretary of State
I have given very careful consideration to this case and to the recommendation of the
panel in respect of both sanction and review period.
In considering this case, I have also given very careful attention to the Advice that the
Secretary of State has published concerning the prohibition of teachers.
In this case, the panel has found some of the allegations proven and found that those
proven facts amount to unacceptable professional conduct and conduct that may bring
the profession into disrepute. In this case, the panel has found allegation 2 not proven. I
have therefore put those matters entirely from my mind.
The panel has made a recommendation to the Secretary of State that Mr Ashley Kalnins
should be the subject of a prohibition order, with no provision for a review period.
In particular, the panel has found that Mr Kalnins is in breach of the following standards:
ď§ Teachers uphold public trust in the profession and maintain high standards of
ethics and behaviour, within and outside school, by
o [âŚ.] building relationships rooted in mutual respect, and at all times
observing proper boundaries appropriate to a teacherâs professional
position
o showing tolerance of and respect for the rights of others
ď§ Teachers must have proper and professional regard for the ethos, policies and
practices of the school in which they teach, [âŚ.]
ď§ Teachers must have an understanding of, and always act within, the statutory
frameworks which set out their professional duties and responsibilities.
The panel finds that the conduct of Mr Kalnins fell significantly short of the standards
expected of the profession. 35
The findings of misconduct are particularly serious as they include a finding of by the
panel that ââŚMr Kalnins had, over a prolonged period, engaged in extremely serious
sexually motivated misconduct involving the sending of unsolicited messages towards
junior female employees who were in potentially vulnerable positions due to their statusâ.
The panel also noted ââŚMr Kalnins was in a senior position to these individuals which
had allowed him to be in a position to exploit their fearsâ.
I have to determine whether the imposition of a prohibition order is proportionate and in
the public interest. In considering that for this case, I have considered the overall aim of a
prohibition order which is to protect pupils and to maintain public confidence in the
profession. I have considered the extent to which a prohibition order in this case would
achieve that aim taking into account the impact that it will have on the individual teacher.
I have also asked myself, whether a less intrusive measure, such as the published
finding of unacceptable professional conduct and conduct likely to bring the profession
into disrepute, would itself be sufficient to achieve the overall aim. I have to consider
whether the consequences of such a publication are themselves sufficient. I have
considered therefore whether or not prohibiting Mr Kalnins, and the impact that will have
on the teacher, is proportionate and in the public interest.
In this case, I have considered the extent to which a prohibition order would safeguard
pupils. The panel has observed, ââŚthese messages had been sent both during and
outside school time and again noted Individual Aâs and Individual Bâs evidence as to the
serious impact which these unwelcome behaviours had had upon them. The panel
considered Mr Kalninsâ behaviours to be extremely serious misconduct and to
demonstrate a pattern of behaviour towards women which was wholly unacceptable.â A
prohibition order would therefore prevent such a risk from being present in the future.
I have also taken into account the panelâs comments on insight and remorse, which the
panel sets out as follows,
âMr Kalnins expressed in his evidence that looking back he should have shown
better judgement and was truly sorry for his behaviour. Mr Kalnins stated that he
deeply regretted any actions and words that had unintentionally caused harm. He
stated that he would never wittingly upset another person and genuinely believed
at the time his comments were harmless flirting. Mr Kalnins stated that he could
now see how he failed to pick up on the other partiesâ reluctance at points and
appreciated how his actions have affected them and would like to apologise to
them. Mr Kalnins recognised that his behaviour failed to maintain appropriate
boundaries. Mr Kalnins stated that he understood now that intent does not
outweigh impact, and it is his responsibility to consider how his behaviour might be
perceived by others. Mr Kalnins stated that going forward, he was committed to
learning from this and ensuring his behaviour remains appropriate, respectful, and
mindful of others at all timesâ. 36
However, the panel has also commented that Mr Kalnins ââŚdid not appear to sufficiently
grasp that his actions at the time were wholly inappropriate and unacceptableâ, and the
panel found his insight ââŚto be limited and most of it to be substantially caveatedâŚâ.
In my judgement, the lack of full insight means that there is some risk of the repetition of
this behaviour and this puts at risk the future wellbeing of pupils. I have therefore given
this element considerable weight in reaching my decision.
I have gone on to consider the extent to which a prohibition order would maintain public
confidence in the profession. The panel observe the conduct was, ââŚof a very serious
nature and would likely have a negative impact on the public perception of the individual
as a teacher as well as potentially damaging the publicâs perception of a teacherâ. I am
particularly mindful of the finding of sexual motivation, and that the conduct was directed
towards junior members of staff.
I have had to consider that the public has a high expectation of professional standards of
all teachers and that the public might regard a failure to impose a prohibition order as a
failure to uphold those high standards. In weighing these considerations, I have had to
consider the matter from the point of view of an âordinary intelligent and well-informed
citizen.â
I have considered whether the publication of a finding of unacceptable professional
conduct and conduct likely to bring the profession into disrepute, in the absence of a
prohibition order, can itself be regarded by such a person as being a proportionate
response to the misconduct that has been found proven in this case.
I have also considered the impact of a prohibition order on Mr Kalnins himself. The panel
comment âWhilst there was some evidence as to Mr Kalninsâ abilities as a teacher the
panel did not find it evidenced that he demonstrated exceptionally high standards in both
personal and professional conduct or had contributed significantly to the education
sector.â I have also taken note of the four references provided in support of Mr Kalnins
which the panel has considered.
A prohibition order would prevent Mr Kalnins 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.
In this case, I have placed considerable weight on the panelâs comments concerning the
lack of full insight or remorse. The panel has said, âThe panel noted that Mr Kalninsâ
position was that he considered at the time that he was a participant in a willing mutual
exchange of correspondence. The panel failed to see how anyone could plausibly have
drawn this view from the facts which it found proven.â 37
I have also placed considerable weight on the finding that âThe panel considered Mr
Kalninsâ behaviours to be exploitative towards junior female staff, extremely serious
misconduct and entirely unacceptableâ.
I have given less weight in my consideration of sanction therefore, to the contribution that
Mr Kalnins has made to the profession. In my view, it is necessary to impose a prohibition
order due to the seriousness of the proven conduct and in order to maintain public
confidence in the profession. A published decision, in light of the circumstances in this
case, that is not backed up by full remorse or insight, does not in my view satisfy the
public interest requirement concerning public confidence in the profession.
For these reasons, I have concluded that a prohibition order is proportionate and in the
public interest in order to achieve the intended aims of a prohibition order.
I have gone on to consider the matter of a review period. In this case, the panel has
recommended that no provision should be made for a review period.
I have considered the panelâs comments, âWhilst noting the passage of time the panel
found no evidence that Mr Kalnins had materially changed since the events it was
consideringâ. The panel has also said that it ââŚconsidered that the risk of repetition of
this type of serious misconduct was extremely highâ.
I have considered whether not allowing a review period reflects the seriousness of the
findings and is proportionate to achieve the aim of maintaining public confidence in the
profession. In this case, factors mean that allowing a review period is not sufficient to
achieve the aim of maintaining public confidence in the profession. These elements are
the seriousness of the proven conduct, including sexual motivation, the lack of full insight
or remorse, finding that the risk of repetition was extremely high.
I consider therefore that allowing for no review period is necessary to maintain public
confidence and is proportionate and in the public interest.
This means that Mr Ashley Kalnins is prohibited from teaching indefinitely and
cannot teach in any school, sixth form college, relevant youth accommodation or
childrenâs home in England. Furthermore, in view of the seriousness of the allegations
found proved against him, I have decided that Mr Kalnins shall not be entitled to apply for
restoration of his eligibility to teach.
This order takes effect from the date on which it is served on the teacher.
Mr Kalnins has a right of appeal to the High Court within 28 days from the date he is
given notice of this order.
38
Decision maker: Stuart Blomfield
Date: 13 February 2026
This decision is taken by the decision maker named above on behalf of the Secretary of
State.
Loading comments...