Mr Robin Kyne

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

Teacher's name: Mr Robin Kyne

Teacher reference number: 9508311

Teacher's date of birth: 06 October 1968

Location teacher worked: Leicester, east midlands

Date of professional conduct panel: 20 to 22 September 2022

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 Robin Kyne, formerly employed in Leicester, east midlands.

Teacher misconduct

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Information about regulating the teaching profession and the process for dealing with serious teacher misconduct.

Mr Robin Kyne: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education September 2022 2 Contents Introduction 3 Allegations 4 Preliminary applications 8 Summary of evidence 11 Documents 11 Witnesses 12 Decision and reasons 12 Findings of fact 12 Panel’s recommendation to the Secretary of State 29 Decision and reasons on behalf of the Secretary of State 32 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Robin Kyne Teacher ref number: 9508311 Teacher date of birth: 6 October 1968 TRA reference: 18421 Date of determination: 22 September 2022 Former employer: Leicester City Council Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 20 to 22 September 2022 by way of a virtual hearing, to consider the case of Mr Robin Kyne. The panel members were Mr Paul Millett (lay panellist – in the chair), Ms Bev Williams (teacher panellist) and Ms Rachel Kruger (teacher panellist). The legal adviser to the panel was Ms Josie Beal of Birketts LLP solicitors. The presenting officer for the TRA was Mr Michael O’Donohoe of Browne Jacobson LLP solicitors. Mr Kyne was not present and was not represented. The hearing took place by way of a virtual hearing in public (save for parts which were heard in private) and was recorded. 4 Allegations The panel considered the allegations set out in the notice of proceedings dated 20 July 2022 as amended by the presenting officer’s applications set out below. It was alleged that Mr Kyne was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst employed as a teacher and/or Assistant Principal at Regent College, Leicester, between August 2004 and December 2010: 1. On one or more occasions between 2005 and 2007 he failed to maintain appropriate professional boundaries and/or engaged in inappropriate physical contact and/or had an inappropriate relationship with Pupil A in that: a) During a drama lesson/drama rehearsal he: i. [REDACTED] ii. [REDACTED] b) During a drama lesson/drama rehearsal he: i. [REDACTED] ii. [REDACTED] c) Exchanged personal contact details with Pupil A while she was still on the College roll; d) Exchanged messages with her via text while she was still on the College roll; e) [Allegation discontinued]; f) On or about 21 August 2007, shortly after Pupil A [REDACTED], he messaged her on social media saying: i. “you know I’ve always had a bit of a crush on you.” ii. Stating that he thought a present she was planning to give him “might be you in a thong or something.” iii. stating that Pupil A in a thong “features quite often in my dreams, yes.” iv. Asking “when you coming to see me” g) Between 23 August 2007 and 3 September 2007, messaged Pupil A on social media on one or more occasions including: 5 i. On 23 August 2007 (a) Asking Pupil A to send him a picture of herself; (b) Telling her “there were times when I could have just pulled you behind the curtains in the Studio but I never would have - that would have crossed the line” (c) Initiating a “quickfire quiz” with Pupil A, the questions in which were sexual. (d) Asking Pupil A what she thought would happen if the two of them had sex (e) Asking Pupil A “When are we going to do it? Under what circumstances?” ii. On 27 August 2007: (a) Telling Pupil A “miss you, can’t wait to see you again, can’t wait to be inside you xx”. (b) Telling Pupil A “you’re a sexy woman, I don’t care if you don’t do compliments.” iii. On 29 August 2007: (a) To arrange to meet in a hotel for a weekend in November 2007. (b) Asking Pupil A “will I get a pic this eve? To make up for the fact that you can’t make tomorrow?” (c) Telling Pupil A “shame – sounds like a good opportunity for a top half shot!” (d) Saying: “love you x”. iv. On 31 August 2007 (a) Telling Pupil A “always amazed by your bright eyes and your clear skin and imagine would it would be like to touch you and kiss you. Maybe I might get to today...” (b) Asking Pupil A “tell me about your breasts, just to take my mind off Lithuania!” 6 (c) Telling Pupil A “fascination with your boobs is a relatively new thing since the ability to actually kiss them has emerged”. (d) Telling Pupil A “disappointed I didn’t get to see you today – wearing my sexy pants just in case!” (e) Telling Pupil A “I’d love to be under the duvet with you!” v. On 1 September 2007 (a) Telling Pupil A “Right boo, I’ve got to go. Can’t wait to hold you tight...text me later.” (b) Telling Pupil A “...and send me another pic, if the urge takes you! Who knows, I might send you one back!” vi. On 2 September 2007: (a) Telling Pupil A “Even if it’s just for a quick coffee after work on Tuesday. I do want to see you. It doesn’t need to be anything heavy (though the thought of being able to grope you in a dark corner does appeal!)” vii. On 3 September 2007: (a) Telling Pupil A “Still wish I was in bed with you.” (b) Telling Pupil A “We could meet on [REDACTED] nowish as well...I appreciate neither of us want to be discovered in suspicious circumstances, baby, really I do. I'm just very impatient!” (c) Telling Pupil A “You can have a fiver off me anytime you want...I feel a bit responsible for you now! Poor student!” h) In, or around, September 2007, he; i. Met up with Pupil A; ii. Kissed her; iii. Touched her bottom. i) In or around October 2007, he had sexual intercourse with Pupil A. j) Between September 2007 and December 2007, asked and/or pressured Pupil A into purchasing and/or transporting drugs for him, including: i. On or about 9 October 2007, 7 (a) Telling Pupil A “Be sure to get plenty of drugs for half-term and some more for me whn after you’ve gone back x” (b) Telling Pupil A “get me loads of drugs.” ii. On or about 11 October 2007 (a) Saying to Pupil A “get me some E as well, even if you don’t want to take any – I’ll pay you back!” iii. On 17 October 2007, (a) Telling Pupil A “if you do get drugs, let me know what and how many”, (b) Telling Pupil A “I didn’t mean how much...I meant how many/much? If you get pills, let me know how many you’ve got, etc...” (c) Asking Pupil A “any drugs news yet?” iv. On 29 October 2007: (a) Telling Pupil A “Oh, and don’t forget the drugs stockpile!” v. On 1 November 2007: (a) Asking Pupil A: “do we have drugs?” (b) Telling Pupil A: “In my day it was an eight or a sixteenth...have we moved to metric with drugs?” vi. On 12 November 2007: (a) Responding to a message from Pupil A expressing concern about her friend’s drug intake by asking “any word on our drugs yet?” (b) Stating to Pupil A “and I can’t believe you can’t get drugs, and I quote ‘don’t worry, Robin, it’s easy [REDACTED]...’” (c) in response to Pupil A stating that the thought of taking pills frightened her, stating “I promise I’ll look after you...you trust me, don’t you...I’d never let you come to any harm...I’m an old hand at this, trust me”, (d) Stating to Pupil A “Drugs are like anything...you mishandle it, you overdo it, you pay the price...you’re sensible and you’re okay..” vii. On 13 November 2007: (a) Saying to Pupil A “I’m assuming we have no drugs?” 8 (b) Asking Pupil A “Tonight, I would ask two things of you...a nice sexy pic and a final try for some drugs...” 2. His conduct as may be found proven at allegations 1 a -i was: a) conduct of a sexual nature and/or; b) sexually motivated; 3. His conduct as may be found proven at allegation 1 above occurred when you knew, or ought to have known, that Pupil A was vulnerable. Preliminary applications The panel noted that since the date of the referral to the TRA in this case, new ‘Teacher misconduct: Disciplinary procedures for the teaching profession’ were published in May 2020 (the “May 2020 Procedures”). The panel understands that the earlier provisions contained within the ‘Teacher misconduct: Disciplinary procedures for the teaching profession’ updated in April 2018 (the “April 2018 Procedures”) apply to this case, given that those provisions applied when the referral was made. Although the panel has the power to direct that the May 2020 Procedures should apply in the interests of justice or the public interest, the panel had received no representations that this should be the case. For the avoidance of doubt, therefore, the panel confirms that it has applied the April 2018 Procedures in this case. Application for postponement/ application to proceed in the absence of the teacher The panel was aware that, on 8 August 2022, Mr Kyne made a formal request to postpone the hearing for at least 12 months whilst he receives medical support and treatment. This application was considered at a case management hearing on 2 September 2022 at which it was concluded that there was insufficient justification to postpone the hearing. Mr Kyne was not present at the substantive hearing nor was he represented. On 15, 16 and 19 September 2022 Mr Kyne sent emails to the TRA in which he requested, again, that the hearing be postponed on the basis that he was not well enough to attend. Mr Kyne also expressed that he wished to retract the previous information and evidence he had submitted and, in effect, start again. Mr Kyne attached various documents to his email, including: (a) a statement of fitness for work indicating that Mr Kyne will be unfit for work between 12 September and 11 October 2022 as a result of [REDACTED]; (b) an online [REDACTED] test result; various screenshots of text messages which appeared to be from Mr Kyne’s doctors surgery/ the NHS referr