A teacher at the Toneelschool in Maastricht, who was dismissed in 2018 due to cross-border behaviour, will still receive a full severance compensation.
Thats what the Arnhem court decided. According to the judge, the dismissal is justified, but it has not been proven that the man has acted seriously culpable. Therefore, he is entitled to a transition fee.
The teacher of Zuyd Hogeschool, of which the Toneelacademie is part of, was put on idle in 2017 after reports from students about unwanted touches and ambiguous comments. The school hired an external research office and went to court. Dismissal followed.
Previously, the court in Maastricht ruled that the man did go over the letter and was not entitled to a severance pay.
Now the judge judges that the teacher is entitled to a severance pay. According to the court, the way he touched the students was not cross-border, but seeking boundaries. According to the judge, that fits within the training course, reports 1Limburg.
The court acknowledges that the teacher tapped a student on her butt and massaged another student even after he had already received a warning from the University of Applied Sciences. However, the judge ruled that his conduct was not cross-border because the teacher was also employed as a massage teacher.
The verdict does say that the teacher did not manage to guard the borders. “It requires extreme sensitivity on the part of the teacher to prevent this physical contact from turning into cross-border contact experienced by pupils. The teacher struggled with this but apparently failed to guard that precarious dividing line. This does not automatically lead to the qualification that he has acted seriously culpable,” says the court.