Crónica Galicia.

Crónica Galicia.

El Tribunal Superior de Justicia de Galicia confirma sanción a un profesor de FP por conducta inapropiada hacia estudiantes

El Tribunal Superior de Justicia de Galicia confirma sanción a un profesor de FP por conducta inapropiada hacia estudiantes

"Pokémon" or "druggie": some of the adjectives used to describe the teacher, who is accused of "favoritism towards some female students based on their physical appearance"


The first section of the Contentious-Administrative Court of the Superior Court of Justice of Galicia (TSXG) has confirmed the 18-month and 15-day suspension of duties imposed by the Xunta on a career official of the secondary education teachers' corps, with a definite assignment to a vocational training center in Pontevedra, as the responsible party for two serious infractions: one for unjustified lack of performance; and the other, for grave disregard for the students.

The TSXG has taken into account the report from the Educational Inspection Service dated February 19, 2021, which states that, throughout the 2018-2019 and 2019-2020 courses, the center's director had to verbally warn the appellant "on several occasions" about his attitude in the classroom and towards the students, as well as his teaching practices, which were deemed inappropriate, as they had received numerous complaints from students, which continued in subsequent courses.

Finally, on March 17, 2021, the Xunta adopted the decision to initiate disciplinary proceedings against the plaintiff, and on December 21, 2021, it issued the penalty resolution.

The punishment for the unjustified lack of performance was based on the following facts: failure to inform students of the didactic program; unpunctuality; failure to explain the subject matter; and inconsistency in grading criteria.

It is also alleged that the exams did not demonstrate the achievement of specific objectives; that some exams had comments such as "a disaster" or "very weak," without any analysis or indication; that the only assessment tool was one exam per trimester; that he never used the virtual classroom or the means provided by the Xunta; that he used 'WhatsApp' as a telematic tool; and did not comply with the instructions received from the head of studies.

The Court emphasizes that, through the testimonies of at least eight students and the declaration of the head of studies, it has been proven that the teacher "regularly absent himself from the classroom without justification during class and left the students alone."

In addition, the TSXG highlights that "each and every one of the facts on which the accusation of unjustified lack of performance is based have been duly proven."

The judgment states that the teacher's file includes the use of "inappropriate" nicknames to refer to "many students, ridiculing and disqualifying them." Among the expressions he used are 'Pokemon', 'Miau', 'Transformer', or 'druggie' regarding some students.

"He told a student that she was a disappointment in front of everyone for failing her subject, he called another student the 'class sheriff', and he told a student 'you're good for nothing', 'you're not good for anything here...'," as stated in the court document.

The judgment also notes the use of "unpleasant, curt, or disdainful responses to some students," as well as "favoritism towards some female students based on their physical appearance and age."

It also points out that he made "sexist and suggestive" comments referring to some of the female students as "the pretty one from XXXXX," "the model from XXXXX," or "boy" -- questioning the sexual orientation of a specific student.

In addition, according to the file, he asked "unnecessary and personal questions" and intervened in the conversations of the young girls in the classroom, "giving rise to significant discomfort."