Ms Gemma Cooper

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: Ms Gemma Cooper

Teacher reference number: 0161706

Teacher's date of birth: 19 October 1978

Location teacher worked: Norwich, east of England

Date of professional conduct panel: 8 December 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 Ms Gemma Cooper, formerly employed in Norwich, east of England.

Teacher misconduct

Ground Floor, South

Cheylesmore House

5 Quinton RoadCoventryCV1 2WT

Email TRA.Casework@education.gov.uk

Telephone 020 7593 5393

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

Ms Gemma Cooper: Professional conduct panel meeting outcome Panel decision and reasons on behalf of the Secretary of State for Education December 2022 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 5 Documents 5 Statement of agreed facts 5 Decision and reasons 5 Findings of fact 6 Panel’s recommendation to the Secretary of State 10 Decision and reasons on behalf of the Secretary of State 13 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Ms Gemma Cooper Teacher ref number: 0161706 Teacher date of birth: 19 October 1978 TRA reference: 17502 Date of determination: 8 December 2022 Former employer: Notre Dame High School, Norwich Introduction A professional conduct panel (‘the panel’) of the Teaching Regulation Agency (‘the TRA’) convened on 8 December 2022 by way of a virtual meeting, to consider the case of Ms Gemma Cooper. The panel members were Mr Ian Carter (former teacher panellist – in the chair), Ms Clare Haines (teacher panellist) and Ms Esther Maxwell (lay panellist). The legal adviser to the panel was Ms Olivia Toulson of Birketts LLP solicitors. In advance of the meeting, after taking into consideration the public interest and the interests of justice, the TRA agreed to a request from Ms Cooper that the allegations be considered without a hearing. Ms Cooper provided a signed statement of agreed facts and admitted unacceptable professional conduct and/or conduct that may bring the profession into disrepute. The panel considered the case at a meeting without the attendance of the presenting officer, Mr Ben Bentley of Browne Jacobson, Ms Cooper or any representative for Ms Cooper. The meeting took place in private by way of a virtual meeting. 4 Allegations The panel considered the allegations set out in the notice of meeting dated 8 November 2022. It was alleged that Ms Cooper was guilty of unacceptable professional conduct and/or conduct that may bring the profession into disrepute, in that whilst employed at Notre Dame High School: 1. She engaged in and/or developed an inappropriate relationship with Pupil A, whom she had known whilst he was a pupil at the School, after he left the School in or around July 2016, by; (i) Accepting him as a ‘friend’ on Facebook; (ii) Exchanging one or more inappropriate and/or explicit messages with him; and (iii) Sending one or more inappropriate image(s) of herself to him. 2. Her conduct as may be found proven at allegation 1, above, was conduct of a sexual nature and/or sexually motivated. 3. She demonstrated a lack of integrity in that she instructed and/or requested Pupil A to delete evidence of her contact with him. Ms Cooper admitted the facts of allegations 1 to 3 and that her behaviour amounted to unacceptable professional conduct and/or conduct that may bring the profession into disrepute falling short of the standards of behaviour expected of a teacher, as set out in the statement of agreed facts signed by Ms Cooper on 27 March 2021. Preliminary applications There were no 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. 5 Summary of evidence Documents In advance of the meeting, the panel received a bundle of documents which included: • Section 1: Chronology and anonymised pupil list – pages 4 to 5 • Section 2: Procedural documentation – pages 6 to 19 • Section 3: TRA documents – pages 20 to 141 • Section 4: Teacher documents – pages 142 to 154 The panel members confirmed that they had read all of the documents within the bundle, in advance of the meeting. Statement of agreed facts The panel considered a statement of agreed facts which was signed by Ms Cooper on 27 March 2021, and subsequently signed by the presenting officer on 22 April 2021. Decision and reasons The panel carefully considered the case and reached the following decision and reasons: In advance of the meeting, the TRA agreed to a request from Ms Cooper for the allegations to be considered without a hearing. The panel had the ability to direct that the case be considered at a hearing if required in the interests of justice or in the public interest. The panel did not determine that such a direction was necessary or appropriate in this case. Ms Cooper commenced employment as an English teacher at Notre Dame High School (‘the School’) on 1 September 2006. On 4 September 2018, Ms Cooper was arrested for alleged ‘sexual offences’ in relation to her conduct with Pupil A. In February 2019, the police finished their investigation and the School began their internal investigation. The police investigation concluded with a final decision that they were unable to confirm if a crime had been committed. On 11 July 2019, a disciplinary hearing took place and it was decided that Ms Cooper should be summarily dismissed. 6 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. You engaged in and/or developed an inappropriate relationship with Pupil A, whom you had known whilst he was a pupil at the School, after he left the School in or around July 2016, by; (i) Accepting him as a ‘friend’ on Facebook (ii) Exchanging one or more inappropriate and/or explicit messages with him; (iii) Sending one or more inappropriate image(s) of yourself to him. The panel noted that Ms Cooper had admitted the facts of allegation 1(i), (ii) and (iii), as set out in the statement of agreed facts, signed by Ms Cooper on 27 March 2021. Further, Ms Cooper admitted that those admitted facts amounted to unprofessional conduct and/or conduct that may bring the profession into disrepute. Notwithstanding this, the panel made a determination based on the evidence available to it. Ms Cooper admitted that she engaged and developed an inappropriate relationship with Pupil A. It was further accepted that Ms Cooper knew Pupil A from his attendance as a student at the School. Ms Cooper taught Pupil A English. Ms Cooper admitted that she accepted Pupil A as a ‘friend’ on Facebook and their conversations dated back to December 2017. Ms Cooper admitted that after Pupil A left the School in July 2016, she exchanged inappropriate and explicit messages with him and though the panel has not seen the content of those, it has been provided with a description of them. Ms Cooper further admitted that the messages included sending one or more inappropriate images of herself to him exposing her breasts. Pupil A was attending a sixth-form college elsewhere at the time and denied any sexual relationship with Ms Cooper. Ms Cooper admitted that her conduct was inappropriate in that she had previously taught Pupil A whilst he was a student at the School. She accepts she held a position of trust as his teacher and should not have engaged in such communications with him. In a letter to the presenting officer, dated 10 January 2020, Ms Cooper stated that she accepted Pupil A’s request to become ‘friends’ on Facebook but it is not clear to the panel when this occurred. Ms Cooper submitted that she had never requested friendship from an ex-student but has accepted requests, after students have left school, if she 7 knew them from teaching and where there had been a positive student-teacher relationship. Ms Cooper further stated that, long after Pupil A had left the School, he began to send Ms Cooper messages of a polite yet friendly nature. Over a period of a few weeks, Ms Cooper believed the messages became more personal and flattering and around December 2018, Pupil A began sending sexualised messages; Ms Cooper admitted that she responded in a similar tone. Ms Cooper submitted that the messages quickly became out of hand and she asked Pupil A to delete the messages. Ms Cooper admitted that her behaviour had shown “awful judgement” but stated that she was not aware at that point that Pupil A was under 18 years old. The panel found allegation 1(i), 1(ii) and 1(iii) proven. 2. Your conduct as may be found proven at allegation 1, above, was conduct of a sexual nature and/or sexually motivated. Having found allegations 1(i), 1(ii) and 1(iii) proven, the panel went on to consider whether Ms Cooper’s conduct was conduct of a sexual nature and/or was sexually motivated. The panel noted that Ms Cooper had admitted the facts of allegation 2, as set out in the statement of agreed facts, signed by Ms Cooper on 27 March 2021. Notwithstanding this, the panel made a determination based on the evidence available to it. Ms Cooper submitted that, whilst her admissions to allegation 1(i), (ii) and (iii) show that online content of a sexual nature was exchanged, no physical sexual contact ever took place. Ms Cooper admitted that her conduct, outlined in allegation 1 above, was conduct of a sexual nature and was sexually motivated. The panel’s attention was drawn to section 78 Sexual Offences Act 2003 and to the cases of Sait v The General Medical Council [2018], Basson v General Medical Council [20