Prohibition Order Active: The Teaching Regulation Agency has issued a prohibition order for this teacher. This person is prohibited from carrying out teaching work in any school, sixth form college, relevant youth accommodation or children’s home in England.
Teacher Record Details
Teacher Reference Number
0520440
Teacher's date of birth:
5 September 1964
Location teacher worked:
Norfolk, East England
Date of professional conduct panel:
22 July 2014
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 Mr Dean Mander, Norfolk, East of England.
Date of Birth
5 September 1964
Location teacher worked:
Norfolk, East England
Date of professional conduct panel:
22 July 2014
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 Mr Dean Mander, Norfolk, East of England.
Location Employed
Norfolk, East England
Date of professional conduct panel:
22 July 2014
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 Mr Dean Mander, Norfolk, East of England.
Professional Panel Date
22 July 2014
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 Mr Dean Mander, Norfolk, East of England.
Agency Outcome Decision
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 Mr Dean Mander, Norfolk, East of England.
Decision Published Date
30 July 2014
Full PDF Document Transcript Search
Mr Dean Mander:
Professional Conduct
Panel outcome
Panel decision and reasons on behalf of the
Secretary of State for Education
July 2014 2
Contents
A. Introduction 3
B. Allegations 4 - 5
C. Preliminary applications 5 - 7
D. Summary of evidence 7
Documents 7
Witnesses 7
E. Decision and reasons 7 - 15
Panel’s recommendation to the Secretary of State 16 - 17
Decision and reasons on behalf of the Secretary of State 17 - 18
3
A. Introduction
A Professional Conduct Panel (“the Panel”) of the National College for Teaching and
Leadership (“the National College”) convened on 21 and 22 July 2014 at 53-55 Butts
Road, Earlsdon Park, Coventry, CV1 3BH to consider the case of Mr Dean Mander.
The Panel members were Miss Mahfia Choudhury (Lay Panellist– in the Chair), Mr Mike
Carter (Teacher Panellist) and Mr Tony Heath (Lay Panellist).
The Legal Adviser to the Panel was Mr Graham Miles of Blake Morgan LLP Solicitors.
The Presenting Officer for the National College was Ms Melinka Berridge of Kingsley
Nappley LLP Solicitors.
Mr Dean Mander was not present and was not represented.
The hearing took place in public and was recorded.
Professional Conduct Panel decision and recommendations, and
decision on behalf of the Secretary of State
Teacher: Mr Dean Mander
Teacher ref no: 05/20440
Teacher date of birth: 5 September 1964
NCTL Case ref no: 09788
Date of Determination: 21 and 22 July 2014
Former employer: College of West Anglia, Kings Lynn 4
B. Allegations
The Panel considered the allegations set out in the Notice of Proceedings dated 10 April
2014.
It was alleged that Mr Dean Manders was guilty of unacceptable professional conduct
and/or conduct that may bring the profession into disrepute, in that:
Whilst working as a Lecturer in Construction (Brickwork) at the College of West
Anglia, Kings Lynn in 2011 and 2012, he:
1. Acted in an aggressive, intimidating and bullying manner towards the
following students:
(a) Student A
(b) Student B
(c) Student C
(d) Student D
(e) Student E
(f) Student F
(g) Student G
(h) Student H
2. Used inappropriate language in front of students including:
(a) Use of swear words and generally aggressive language;
(b) Use of sarcastic language;
(c) Use of belittling or demeaning language.
3. Made inappropriate comments/remarks towards students, in particular:
(a) Calling Student A as “sleepy” when he suffered with a sleeping
condition;
(b) Calling Student B a “bull-shitter” and telling him “no one wanted him
on the course”; 5
(c) Telling Student B that his “attitude was shit”;
(d) Calling Student C a :
i) “mummy’s boy”;
ii) “little shit”;
iii) “prick”;
(e) Making fun of a Student C’s facial twitch, which was caused by his
ADHD.
4. Failed to offer appropriate guidance to students whilst teaching, in
particular:
(a) Kicking down a wall built by Student C saying “it’s a load of f-ing crap
anyway”;
(b) When Student C asked for help regarding measurements of a wall he
said “this high” and gesticulated in an offensive manner which his
middle finger;
(c) Telling Student E that the wall he had built was “a fail” without
bothering to adequately assess his work;
(d) Telling Student F that he shouldn’t be tapping the brick and said
words to the effect of “I am the f-ing bricklayer, I should know”;
(e) Ignoring Student G’s request for assistance when he asked where the
“wall ties” were situated.
In his response to the Notice of Proceedings, Mr Mander denied the alleged facts.
C. Preliminary applications
Application to proceed in the absence of the teacher
Mr Mander was not present and was not represented. The Presenting Officer provided
the Panel with a copy of Mr Mander’s response to the Notice of Proceedings, (which the
panel added to Section 2 of the bundle as pages 12A,B and C). The Presenting Officer
pointed out that Mr Mander had stated that in his response that he would not be
attending the hearing and would not be represented. Application was made for the
hearing to proceed in the absence of Mr Mander.
The Chair announced the decision of the panel as follows: 6
‘We have decided to proceed with the hearing in the absence of Mr Mander for these
reasons:
The Notice of Proceedings has been served in accordance with the Disciplinary
Rules by Notice dated 10 April 2014
Mr Mander has responded to the Notice on 14 May 2014 saying that he will not be
attending and will not be represented. We are satisfied that Mr Mander has
voluntarily waived his right to attend.
No application for an adjournment has been made and there is no indication that
an adjournment would result in Mr Mander attending at a later date.
Although we would prefer to be able to hear from Mr Mander in person, we will be
able to take into account his responses to the College’s disciplinary proceedings.
Furthermore, there is a public interest in the hearing taking place reasonably
promptly. Given that the allegations relate to events in 2011 and 2012 further
delay would not be in the public interest.’
Application to amend particulars of allegation
The Presenting Officer applied to amend paragraph 4 (b) of allegation to substitute the
word “offensive” for “offence”. The Panel agreed to the amendment on the basis that the
application was to amend an obvious error and that no prejudice would be caused to Mr
Mander.
Application to admit additional documents
The Presenting Officer applied to admit additional evidence as described in the Panel’s
decision.
The Chair announced the decision of the panel as follows:
‘We have considered the application by the Presenting Officer to admit as additional
documents copies of reports from the College relating to the attendance of Student B
accompanied by a supplementary statement from the mother of Student B.
We are satisfied that this evidence is relevant and that it would not be unfair to admit the
evidence as we have the opportunity to question the witness about it.
We have also been asked to admit a witness statement from Jessica Ward, Legal
Assistant with Kingsley Napley LLP. This statement does not contain any additional
factual evidence relating to the allegations. The Presenting Officer has stated that the
purpose of introducing the evidence is to explain why certain witnesses have not
attended. On balance we have concluded that the evidence is not relevant to the
allegations and we have decided not to admit it.’ 7
D. Summary of evidence
Documents
In advance of the hearing, the Panel received a bundle of documents which included:
Section 1 Chronology and anonymised pupil list, with page numbers from 1 to 4
Section 2 Notice of proceedings and response, with page numbers from 5 to12C
Section 3 Witness statements and agreed facts, with page numbers from 13 to
37
Section 4 National College for Teaching and Leadership documents, with page
numbers from 38 to 276 H
Witnesses
The Panel heard oral evidence from:
Mother B, mother of Student B, called by the Presenting Officer.
Witness A, Head of Organisational Development and Quality, College of West Anglia,
called by the Presenting Officer.
E. Decision and reasons
The Panel announced its decision and reasons as follows:
‘We have now carefully considered the case before us and have reached a decision.
We confirm that we have read all the documents provided in the bundle in advance of the
hearing.
Mr Mander was emplo yed by the College of West Anglia (‘th e College’) as a Lecturer in
Construction (Brickwork). He comm enced employment at the College on 19 April 2004
and resigned on 31 August 2012.
On 8 May 2012, the College’s Head of Faculty of Technology provided a report to the
Principal setting out a number of concerns that had been raised by parents, students and
staff regarding Dean Mander’s alleged conduct towards his p upils. The behaviours of
concern included allegations o f bullying, aggression , swearing and name -calling. Mr
Mander was suspended whilst an investigation was undertaken by the College. As part of
the investigation, students completed a questionnaire and a number of students and
other members of staff were interviewed. 8
When Mr Mander was interviewed on 28 June 2012, he denied the majority o f the
behaviours alleged against him. At the conclusion of the investigation, a recommendation
was made that he be referred to a disciplinary hearing . Mr Mander then resigned. I n his
letter of resignation, Mr Mander said that he was “ shocked, surprised and saddened” by
the evidence brought against him. He said, “ I believe that it is part of the role of teacher
of a vocational skill in particular to prepare their students for the world of work. I do admit
at times to using sarcasm in my teaching and repriman ding students who have been
wasting time or n ot taking care over their work, as this is just a t aste of what they are
likely to experience on the buil ding site. On reflection, although my teaching methods
created good standards of work and attitude in the majority of students, I can see I may
have misjudged the impact upon a minority of less well -adjusted students. I now realise
some of [my] actions have been unacceptable and I fully regret this unintentional impact.
My intentions were only ever to try and get students to fulfil their potential.”
Findings of Fact
We have had the benefit of hearing oral evidence from the mother B of Student B and
Witness A, the Investigating Officer at the College. We found the mother B of Student B a
reliable and convincing witness in her account of Student B’s experiences at the College .
We found Witness A to be a credible witness, although there wer e a number of areas
which were either not covered by his investigation or which he was unable to recall.
We also considered wri tten statements from a large number of stud ents and other
members of staff, which we were unable to test by questioning. We did not h ave the
benefit of hearing oral evidence from Mr Mander, but we have taken into account his
responses to the investigatory interview and his resignation letter.
In considering the evidence presented, we recognised that the accounts given by
individual students was hearsay evidence. The Panel was advised that hearsay evidence
is admissible, but should be treated with caution d ue to the Panel’s inability to assess the
credibility of the witness or test the evidence by questioning. We considered the
circumstances in which the evidence was gathered, whether there was an opportunity for
collaboration and whether there were consist encies or inconsistencies in the hearsay
evidence before determining what weight we could attach to the evidence.
In re lation to the questionnaires given to students, we are satisfied that every attempt
was made to ensure that opportunity for collaboration was limited by the process used .
This took place on 6 June 2012, after Mr Mander had been suspended on 10 May 2012.
During the investigation, twenty four students were invited to complete a questionnaire
about tutor behaviour. Although no member of staff was named by the College in the
questionnaire given to students, twenty one of the students responded identifying Mr
Mander as behaving inappropriately. The Panel was of the view that it is possible that
students were aware t hat the questions related to a small teaching team, which included
Mr Mander. 9
In reviewing the evidence in its entirety, the Panel noted significant consistencies in the
accounts of students and, in some instances, staff. We are conscious that a number of
the statements were taken very close to the time of the incidents in question and in many
instances the accounts included examples of actual words and phrases alleged to have
been used by Mr Mander . In all of the evidence that we h eard, there was nothing to
suggest that those making s tatements against Mr Mander acted in collusion with others
or that they were dishonest in their accounts. Taking these factors together, we felt able
to rely upon the hearsay evidence and the untested statements of witnesses.
Our findings of fact are as follows:
Whilst working as a Lecturer in Construction (Brickwork) at the College of West
Anglia, Kings Lynn in 2011 and 2012, he:
1. Acted in an aggressive, intimidating and bullying manner towards the
following students:
(a) Student A
We considered the written statements of Student A and Colleague C, Learning
Support Officer, but felt that evidence of the specific incident referred to is not
sufficient to establish that Mr Mander acted in an aggressive, intimidating and
bullying manner towards Student A. We find the facts not proved.
(b) Student B
We considered the oral evidence of the mother of Student B in addition to the
written statements of Student B, Colleague A and Colleague B. Student B’s
statement refers to various incidents in which he said that Mr Mander belittled him
including Mr Mander telling him that he was ‘getting on his fucking nerves” and
that he was a “bullshitter”, that his “attitude was shit” and that ‘nobody wanted
[him] on the course”. We also noted that Student B reported these matters to his
mother and they were also reported to Colleague A. Colleague B’s evidence is
that at a meeting with his parents, Mr Mander was belittling towards Student B. Mr
Mander also admits calling Student B “lazy”. We are satisfied, on the balance of
probabilities, that these incidents described by Student B took place and that in
doing so, Mr Mander was acting aggressively and in an intimidating and bullying
manner. We, therefore, find the facts proved.
(c) Student C
We considered the written statements of Students C, E, J, V and W, Colleague A
and Colleague D. Student C said in his statement that Mr Mander would “bully me
all the time by running me down” and “made me feel as though I was not part of 10
the group”. Student C was specifically identified by a number of students as
someone that Mr Mander would “shout at”, “put down” and “moan at”. We are
satisfied, on the balance of probabilities, that these incidents described by Student
C and others took place and that in doing so, Mr Mander was acting aggressively
and in an intimidating and bullying manner. We find the facts proved.
(d) Student D
There is no evidence of a specific incident in relation to Student D. We find the
facts not proved.
(e) Student E
Student E referred in his statement to Mr Mander’s behaviour towards him and
that he “tried to avoid finishing work until Wednesday when I had a different tutor”
to avoid being assessed by Mr Mander. However, the Panel noted that he did not
specify any incidents in the questionnaire and the only incident referred to in his
statement was being shouted at. On this basis, we find the facts not proved.
(f) Student F
We noted that Student F said in his statement that on one occasion when he was
late Mr Mander said “he did not want to talk to me and he was pushing his hands
towards his face. His hand was almost toughing my nose it was that close”. We
further note that he referred to an incident in which Mr Mander swore at him saying
that he (Mr Mander) “was the fucking bricklayer” after Student F had been tapping
bricks. This was also witnessed by Student G who also said that Mr Mander
picked on Student F. We are satisfied, on the balance of probabilities, that these
incidents described by Student F and Student G took place and that in doing so,
Mr Mander was acting aggressively and in an intimidating and bullying manner.
We find the facts proved.
(g) Student G
Although Student G describes incidents in relation to other students, there is no
evidence of a specific incident in relation to Student G. We, therefore, find the
facts not proved.
(h) Student H
Although we did not have a written statement from Student H, we considered the
written statements of Students F and G, both of which refer to an incident when Mr
Mander approached Student H after he spat on the floor. They describe Mr
Mander stepping towards Student H. Student F said that Mr Mander had “squared 11
up” to Student H. Student G said that Mr Mander stepped forward to towards
Student H and “was in his face- only 3 or 4 inches away”. They thought that Mr
Mander was trying to provoke Student H. We are satisfied, on the balance of
probabilities, that this incident described by Student F and Student G took place
and that in doing so, Mr Mander was acting aggressively and in an intimidating
and bullying manner. We find the facts proved.
2. Used inappropriate language in front of students including:
(a) Use of swear words and generally aggressive language;
The accounts of Students B, C, L, M ,N, S, W, X, Y, Z and BB all refer to
occasions when Mr Mander swore or used generally aggressive language. In
addition, Colleague A said in her written statement that Mr Mander swore on a
regular basis in general and at students. We find the facts proved.
(b) Use of sarcastic language;
In his letter of resignation, Mr Mander admits to using sarcasm at times in his
teaching. Examples of the use of sarcastic language also appear in the statements
of Students A, C, E and F. In addition, Colleague D and Colleague B also referred
to instances that they observed when Mr Mander used sarcastic language towards
students. We find the facts proved.
(c) Use of belittling or demeaning language.
The written statements of Students A, B, C, D, G, W, Z and BB all refer to
instances when Mr Mander used belittling or demeaning language to students. In
addition, Colleague B and Colleague D refer to the use of belittling language
towards students. We find the facts proved.
3. Made inappropriate comments/remarks towards students, in particular:
(a) Calling Student A as “sleepy” when he suffered with a sleeping
condition;
Mr Mander admits that he may have used the word ‘sleepy’ towards Student A.
However, the evidence from Student A supports the view that Mr Mander “was not
aware” that Student A suffered from a sleeping condition. In the absence of this
knowledge we could not regard the comment as inappropriate. Therefore, we find
the facts not proved.
(b) Calling Student B a “bull-shitter” and telling him “no one wanted him
on the course”; 12
In making our findings in relation to allegation 1(b), we have already found that
these words were used by Mr Mander towards Student B. These words were
inappropriate. Accordingly, we find the facts proved.
(c) Telling Student B that his “attitude was shit”;
In making our findings in relation to allegation 1(b), we have already found that
these words were used by Mr Mander towards Student B. These words were
inappropriate. Accordingly, we find the facts proved.
(d) Calling Student C a :
i) “mummy’s boy”;
ii) “little shit”;
iii) “prick”;
There is no reference to this in the statement of Student C. The only account is
contained in the statement of Colleague A, based on what she was told by the
mother of Student C. In the absence of any other evidence, we find this not
proved.
(e) Making fun of a Student C’s facial twitch, which was caused by his
ADHD.
In his written statement, Student C said that Mr Mander “would get in my face and
deliberately copy my facial expressions when I twitched to poke the fun out of me.
This was not done in a fun way. He was doing it to bully me”. Colleague A
confirms that the mother of Student C made contact in September 2011 to
complain about this, amongst other matters. We are satisfied on the balance of
probabilities that Mr Mander made fun of Student C’s facial twitch, although there
is no evidence that he was aware of Student C’s ADHD. In any event, this was an
inappropriate comment to make. Therefore, we find the facts proved.
4. Failed to offer appropriate guidance to students whilst teaching, in
particular:
(a) Kicking down a wall built by Student C saying “it’s a load of f-ing crap
anyway”;
There is no reference in the statement of Student C to kicking the wall down or the
use of the “F” word. The only account of these matters is contained in the
statement of Colleague A based on what she was told by the mother of Student C.
In the absence of any other evidence, we find this not proved. 13
(b) When Student C asked for help regarding measurements of a wall he
said “this high” and gesticulated in an offensive manner with his
middle finger;
There is no reference to this in the statement of Student C. The only account of
these matters is contained in the statement of Colleague A based on what she
was told by the mother of Student C. In the absence of any other evidence, we
find this not proved.
(c) Telling Student E that the wall he had built was “a fail” without bothering
to adequately assess his work;
Student E said in his written statement that Mr Mander said that he looked briefly
at the wall that he had built and said that it was a ‘fail’ without using a square or
level. Mr Mander, when interviewed, denied Student E’s account, but also said
that he could tell if a piece of brickwork was in line, square and level. In the light of
the evidence that we heard from Witness A regarding the high level of
competence of Mr Mander as a bricklayer, and given his work history, we were
satisfied that he would be able to assess a piece of brickwork visually. No
evidence was put before us as to whether or not there was appropriate feedback.
Accordingly, we find the facts not proved.
(d) Telling Student F that he shouldn’t be tapping the brick and said
words to the effect of “I am the f-ing bricklayer, I should know”;
In making our findings in relation to allegation 1(f), we have already found that
these words were used by Mr Mander towards Student B. These words were
inappropriate. Accordingly, we find the facts proved.
(e) Ignoring Student G’s request for assistance when he asked where the
“wall ties” were situated.
Student G said in his statement that he asked where the wall ties were and that Mr
Mander responded with a “funny look ….ignored me and walked off”. When
interviewed Mr Mander said that he could not recall the specific incident but that
the expectations were that students would get these themselves. On the balance
of probabilities, we find the facts proved.
Findings as to Unacceptable Professional Conduct and/or
Conduct that may bring the profession into disrepute
The Notice of Proceedings refers to both unacceptable professional conduct and/or
conduct that may bring the profession into disrepute. However, we noted that the
Presenting Officer submitted that the conduct amounted to unacceptable professional
conduct rather that conduct that may bring the profession into disrepute. 14
We are satisfied that, in relation to the facts found proved in allegations 1(b), (c), (f) and
(h), 2 (a), (b) and (c), 3(b), (c) and (e) and 4 (d) and (e) that Mr Mander breached the
personal and professional conduct elements of the Teachers’ Standards in the following
respects:
He failed to uphold public trust in the profession and maintain high standards of
ethics and behaviour by
- not treating pupils with dignity, build relationships rooted in mutual respect
and at all times observe proper boundaries appropriate to his professional
position;
- not having regard for the need to safeguard pupils’ well-being, in
accordance with statutory provisions;
- not showing tolerance of and respect for the rights of others;
He failed to have an understanding of and act within the statutory frameworks
which set out his professional duties and responsibilities. In this respect we had
regard to his failure to meet the Teachers’ Standards Part One in respect of the
following standards, namely:
(2) Promote good progress and outcomes by pupils, in that:
- he was not aware of pupils’ capabilities and their prior knowledge to plan
teaching to build on these;
- he did not demonstrate knowledge and understanding of how pupils learn
and how this impacts on teaching.
(5) Adapt teaching to respond to the strengths and needs or all pupils, in that:
- he did not know when and how to differentiate appropriately, using
approaches which enable pupils to be taught effectively;
- he did not have a secure understanding of how a range of factors can
inhibit pupils’ ability to learn, and how best to overcome these;
- he did not demonstrate an awareness of the physical, social and
intellectual development of children, and know how to adapt teaching to
support pupils’ education at different stages of development;
- he did not have a clear understanding of the needs of all pupils, including
those with special educational needs…[and] disabilities; and be able to use
and evaluate distinctive teaching approaches to engage and support them.
(6) Make accurate and productive use of assessment, in that: 15
- he did not give pupils regular feedback, both orally and through accurate
marking and encourage pupils to respond to feedback.
(7) Manage behaviour effectively to ensure a good and safe learning
environment, in that:
- he did not have high expectations of behaviour, and establish a framework
for discipline with a range of strategies, using praise, sanctions and rewards
consistently and fairly;
- he did not manage classes effectively, using approaches which are
appropriate to pupils’ needs in order to involve and motivate them;
- he did not maintain good relationships with pupils, exercise appropriate
authority, and act decisively when necessary;
The Panel was very concerned by the fact that, as a consequence of Mr Mander’s
behaviours and failure to adhere to these Standards, one student, despite the efforts of
his mother, decided not to return to education. Another student withdrew as a result of Mr
Mander’s behaviour and the student only returned after Mr Mander’s suspension from the
College; he subsequently completed his qualification. Three students were transferred to
another campus, thirteen miles away, requiring four bus journeys to College. These
students continued to believe that being compelled to change campus was a form of
punishment for them.
Taking all of these factors into account, we are satisfied that this was misconduct of a
serious nature, falling significantly short of the standard of behaviour expected of a
teacher and, therefore, amounts to unacceptable professional conduct.
Panel’s recommendation to the Secretary of State
We noted that Mr Mander has not been the subject of any prior finding of unacceptable
professional conduct, although he was previously the subject of internal disciplinary
proceedings by the College, which resulted in a written warning. Following this written
warning, it was recommended that Mr Mander would benefit from training in relation to
classroom management to support him in the use of appropriate techniques for dealing
with disruptive students. There is no evidence that Mr Mander received such training.
We noted Mr Mander’s explanation that he was shocked and surprised at the complaints
made by students and that, on reflection, his actions were misjudged and their impact on
pupils unintended. We regarded this as evidence of some insight into his shortcomings.
We accept that Mr Mander was not aware that Student B was suffering from autism and
Asperger’s syndrome. Indeed, Student B’s mother has confirmed that these conditions
were not diagnosed at the relevant time. Similarly, there was no evidence to suggest that 16
he was aware that other students in the group suffered from other health related issues
such as ADHD or a sleeping condition. The Panel was concerned that this absence of
knowledge may have been attributable to weaknesses in the College student record
systems at the time and may have contributed to his failures to adjust to some individual
student needs.
Mr Mander’s behaviour was incompatible with being a teacher for the following reasons:
This was a serious departure from the personal and professional conduct
elements of the Teachers’ Standards.
As we have already found, the misconduct seriously affected the education and/or
well-being of some of the students.
We have found that Mr Mander’s behaviour involved sustained bullying which
undermined some pupils, particularly those that were less able.
Despite these findings, we considered whether the mitigating factors were such that a
Prohibition Order would not be appropriate. However, having considered the public
interest, we were satisfied that a Prohibition Order is necessary and we so recommend.
The Panel went on to consider whether to recommend that Mr Mander should have the
opportunity to apply for the Prohibition Order to be set aside.
We have decided to recommend that Mr Mander should be permitted to apply for the
Order to be set aside after a period of three years. Our reasons are:
None of the factors which would ordinarily lead to there being no right to apply for
the Order to be set aside are present in this case.
We were conscious that Mr Mander possesses technical skills which may be
valuable to young people in the future if appropriate safeguards and changes in
his behaviour could be affected.
Mr Mander has shown some limited insight at this stage and with three more years
for him to reflect and acquire additional understanding of the learning process, it
may be possible for him to demonstrate his suitability to return to teaching.
Decision and reasons on behalf of the Secretary of
State
I have carefully considered the panel’s findings and recommendations in this case.
The panel have found proven a number of facts relating to bullying, intimidating
and aggressive behaviour towards students, using inappropriate language in front
of students, making inappropriate remarks towards students, and failing to offer 17
appropriate guidance to students whilst teaching. When considering these
behaviours against a broad range of the personal and professional conduct
elements of the Teachers’ Standards and the impact of his behaviour on students,
the panel have found that the facts proved amount to unacceptable professional
conduct.
Mr Mander’s behaviour has fallen significantly short of the standards expected of a
teacher. It is misconduct of a serious nature and I agree with the panel’s
recommendation that a prohibition order is an appropriate and proportionate
sanction.
Mr Mander has accepted that his actions were misjudged and their impact
uninitended. There was no evidence that Mr Mander was aware of the particular
health issues relating to individual students and that may have contributed to his
failure to adjust to some individual student needs. He clearly possesses technical
skills that may be valuable to young people in the future and I agree that a period
of three years would allow time for Mr Mander to reflect further upon his actions
and the impact of those actions.
This means that Mr Dean Mander is prohibited from teaching indefinitely and cannot
teach in any school, sixth form college, relevant youth accommodation or children’s home
in England. He may apply for the Prohibition Order to be set aside, but not until 31 July
2017, 3 years from the date of this order at the earliest. If he does apply, a panel will
meet to consider whether the Prohibition Order should be set aside. Without a
successful application, Mr Dean Mander remains barred from teaching indefinitely.
This Order takes effect from the date on which it is served on the Teacher.
Mr Dean Mander has a right of appeal to the Queen’s Bench Division of the High Court
within 28 days from the date he is given notice of this Order.
NAME OF DECISION MAKER: Paul Heathcote
Date: 23 July 2014
This decision is taken by the Decision maker named above on behalf of the Secretary of
State.
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