An action over how a private fee-paying school in south Dublin dealt with a complaint alleging a teacher called a male student a "little bitch" has resumed at the High Court.
Efforts over recent months to mediate the dispute between Pierce Dillon and the Catholic University School had failed, Mr Justice Michael Twomey was told when the case, which opened last June, resumed on Wednesday.
The teenage student claimed that after he was late on May 8th, 2014, for Mr Dillon’s class due to talking to another teacher, Mr Dillon told him he was continually disrupting the class, always moaning and was a “little bitch”.
The student also claimed that after telling Mr Dillon the following day he could not attend class due to a school sports commitment, he was told he would be kicked out of class for three weeks. The boy alleged he told Mr Dillon he was not allowed call him a “little bitch” and Mr Dillon had denied doing so.
Mr Dillon (55), who denies using the words complained of, is challenging the formal procedure adopted by the school in dealing with a complaint by the boy’s parents over events on May 8th-9th, 2014. A February 2015 finding against him of “inappropriate behaviour and language” was unjustified and unfair, he claims.
Final warning
As a result of that finding, Mr Dillon received a final written warning in March 2015 under a disciplinary procedure. He was told the final warning would be active for 12 months. It has since expired.
Mr Dillon claims the handling of the complaint was unfair, breached his rights and the school’s procedures and has caused him hurt and distress after 34 years’ service.
Mark Connaughton SC, for Mr Dillon, said a formal complaint was made in June 2014 after the student’s parents were unhappy with an informal process. Mr Dillon had by then raised concerns about how the matter was being dealt with, he said.
This matter was dealt with under a 2009 revised disciplinary procedure and the finding did not flow from what was initially put to Mr Dillon, it was argued.
The school allowed no appeal and engaged in a "legal nonsense" in declaring the complaints procedure trumped the disciplinary procedure, he said.
The school, represented by Feichín McDonagh SC, maintains it implemented the appropriate procedure and Mr Dillon was treated fairly. The complaint was dealt with in accordance with the complaints procedure for voluntary secondary schools, it says.
When efforts to resolve the complaint failed, Mr Dillon and his representative were invited to attend a meeting but declined to do so, the school claims. The student’s parents attended and outlined their complaint. After they left, the school board unanimously decided the complaint was substantiated.
A meeting was organised on March 27th 2015 when Mr Dillon was given the written warning, the school says.
While Mr Dillon had complained about the process, he made no complaints about the March 27th meeting until after he went to a solicitor, Mr McDonagh said.
The hearing is expected to conclude on Thursday with judgment reserved.
