A private school teacher who was filmed sitting on a sixth-form student’s knee and kissing him during a train journey has been allowed to continue in the profession.

Rachel Clint was found guilty of unacceptable professional conduct for her actions while working as the assistant head of the sixth form at the £11,169-a-year Merchant Taylors’ boys’ school in Liverpool.

However, a Teaching Regulation Agency panel decided that her actions were not of a sexual nature - even though Ms Clint had admitted that they were.

A decision report into the case says the incident happened in May 2017 on a train following a leavers’ drinks event for Year 13 students, where alcohol had been consumed.

A photograph of the incident was sent to the school, resulting in Ms Clint’s suspension and dismissal almost a year later.

In evidence to the TRA, the student, who was 18 at the time, said Ms Clint sat on his knee and “within a very short space of time kissing took place”.

Teacher’s ‘spontaneous kiss’

Ms Clint had accepted this allegation and that she had demonstrated a lack of integrity in failing to report what had happened to the school in the weeks following the incident.

She also admitted that these actions were of a sexual nature.

However, the panel decided that this allegation was not proven.

The TRA said the actions were not sexually motivated, given that the evidence “suggests that this was a spontaneous kiss which did not lead to any further intimacy.”

The panel added that there was no pre-planning involved with the kiss, and that there was also no flirtatious or premeditated behaviour that would have provoked such an incident.

The report found that Ms Clint’s conduct could bring the profession into disrepute.

It said: “A kiss between a teacher and a student on a busy train, in close proximately to other students, who proceeded to film the incident, in the panel’s view, would have a negative impact on Ms Rachel Clint’s status as a teacher.

“It could damage the public’s perception of her and therefore bring the profession into disrepute.”

However, in deciding not to impose a prohibition order from teaching, the panel said it had considered the “very strong public interest consideration in retaining Ms Rachel Clint in the profession.” 

It said she had worked as a teacher for 10 years and had an unblemished record previously. She was assistant head of sixth form and head of geography at the school.

It was noted that the investigating officer had described her as an excellent role model for pupils and it also noted that she was facing other issues at the time.

The Department for Education’s decision-maker, Dawn Dandy, accepted the TRA panel’s recommendation that this was an isolated incident and that it was “not necessary to impose a prohibition order in order to maintain public confidence in the profession”.