A teacher at the Theater School in Maastricht who was fired in 2018 because of unacceptable behavior will still receive full severance pay.
The court in Arnhem has decided this. According to the judge, the dismissal is justified, but it has not been proven that the man acted seriously culpably. That is why he is entitled to a transition payment.
The teacher at Zuyd University of Applied Sciences, of which the Theater Academy is part, was put on hold in 2017 after reports from students about unwanted touches and ambiguous comments. The school engaged an external investigation agency and went to court. Dismissal followed.
Earlier, the court in Maastricht ruled that the man had crossed the line and was not entitled to severance pay.
The judge now rules that the teacher is entitled to severance pay. According to the court, the way in which he touched the students did not cross borders, but explored boundaries. According to the judge, this fits within the program, 1Limburg reports.
The court acknowledges that the teacher tapped a student on the buttocks and massaged another student, even after he had already received a warning from the University of Applied Sciences. However, the judge ruled that his behavior was not transgressive because the teacher was also used as a massage teacher.
The verdict does state that the teacher has not succeeded in guarding the boundaries. “It requires the utmost sensitivity of the teacher to prevent this physical contact from turning into cross-border contact experienced by students. The teacher has struggled with this, but has apparently failed to keep on guarding that precarious dividing line. That does not automatically lead to the qualification that he has acted seriously culpable “, writes the court.