If a teacher maintains an intimate relationship with a student, such a liaison will end with disciplinary proceedings by the Free State of Bavaria, if it becomes apparent. These always lead to the removal of the teacher from the civil service. A teacher at a school in the district of Freising who had entered into a relationship with a student had to reckon with this result. This is also the case in this case, which was heard before the administrative court in Munich. Presiding judge Martina Scherl got the impression that the defendant was a “passionate teacher”. You don’t make the decision easy for yourself. Nevertheless, the 19th chamber came to the conclusion that the teacher should be removed from the civil service.
The defendant and the student had met in a course. What was originally a friendly relationship eventually developed into an intimate one. The student ended this herself by notifying the school administration. The criminal investigation by the public prosecutor’s office in Landshut was discontinued without any sanction due to the lack of a criminal offence.
The educator explains his behavior in a “chronically burdened childhood” in which he developed a fear of criticism and the withdrawal of attention. The student acknowledged him and adored him. That triggered a mechanism in him that came close to falling in love.
The judge sees no indication of limited criminal responsibility
The presiding judge held against the defendant that he had significantly violated his civil service obligations. “Teachers are role models,” she said. Parents believe their children are in a safe environment at school. There is no indication of limited liability. “We have an officer who has worked flawlessly in class.”
Irrespective of the fact that the student only took part in the course as a guest, the judge believed that she had not left the Bavarian school system. The defendant’s border violation had already begun when he exchanged messages with the young woman via a messenger service. The defendant is free to appeal. This case may not be decided until the second instance. A written justification for the judgment is not yet available.