Teacher caught in hazing wins tribunal bid

A Victorian teacher caught up in a student's "tragic" hazing at a boarding house has won a bid to be allowed to work with children again. 

The teacher was the only adult present when a group of year 12 students targeted a year nine boy, duct-taping his arms and legs in a common room in August 2020. 

The group carried the boy off to a bedroom and put him on a bed, where a doona was thrown over his head. He complained he couldn't breathe and someone took the doona off, a Victorian Civil and Administrative Tribunal decision said. 

The teacher, then the boarding house master, stood at the door watching the events unfold as the teenagers taped the boy to a mattress, then carried him back to the common room and put him on a pool table.

The incident went on for 30 to 45 minutes, with the teacher ultimately saying words to the effect of, "that will do, it's bedtime" and cutting the boy loose.

The teenagers exposed parts of the boy's body in the attack and he was flicked in the groin, according to the tribunal. 

The tribunal did not publish the teacher's name.

Several of the year 12 boarders were charged over the hazing and the teacher admitted he failed to properly supervise them and intervene to stop the younger student from getting hurt.

He was found guilty of one charge, but avoided a conviction. 

Before the attack, the teacher told the younger boy, "(the) year 12 boys are going to get you and I will try and stop them", according to the victim.

The teacher was eventually rejected from getting a working with children clearance because of the court finding. 

In reviewing the decision, tribunal president Justice Michelle Quigley said while his offence was not trivial, there was a "perfect storm" that led up to it.

The teacher witnessed a traumatic car accident hours before his shift and some blame had to be put on the school given its lack of processes and resources, Justice Quigley said. 

The teacher said the boarding house was over capacity that night with 35 rather than 24 boys.

"The hothouse culture of a boy's boarding-house as described ... lead me to the inevitable conclusion that the applicant was caught in an invidious situation," Justice Quigley said.

The teacher has an otherwise unblemished record as a basketball coach and trainee teacher.

To prevent the teacher from contributing to sport and education would be "entirely the wrong decision", Justice Quigley said, ordering that he be issued a working with children clearance.