12 October 2015

Police charge ex-UC lecturer with sex offences

| Charlotte
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UPDATE: The academic has now appeared in the ACT Magistrates Court. He is Arthur Marshall Hoyle, a former law lecturer at the university. He pleaded not guilty to 12 counts of committing an act of indecency and two of sexual intercourse without consent and was released on bail.

Police have today laid charges against a former University of Canberra academic for alleged offences committed against students.

The university announced that it had suspended the then staff member without pay on July 21 for alleged serious misconduct following reports from students. It referred the matter to ACT Policing at that time.

The university then undertook an internal investigation and took advice from a Review Committee on the matter. The staff member was dismissed for serious misconduct based on the provisions of UC’s enterprise agreement and “the standard of proof applicable to such proceedings”.

According to a UC media statement, a matter in relation to the dismissal is before the Fair Work Commission.

The UC statement said the welfare and safety of its students was its “first and paramount consideration” and that it was committed to ensuring a safe campus for all students and staff.

“As is demonstrated by our actions to date, we take any allegation of inappropriate behaviour amongst our community very seriously and act promptly to provide support to those affected,” it said.

Affected students have been offered medical support and counselling and access to pastoral and spiritual support.

“If any current or former student of the University has concerns, we encourage them to come forward and contact the University’s Acting Dean of Students, Associate Professor Sally Burford, or contact ACT Policing on 131444,” the statement continued.

“Staff members may consult the Director of Human Resources, Ms Kirsty Dwyer.”

The university said the matter was now between the police and the former staff member.

“There is a presumption of innocence in criminal proceedings and the University will now let justice take its course.”

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gooterz said :

Guilty or not he’s lost his job and name is now for all the world to see… yet they say “There is a presumption of innocence”

Yes. Another quirk is that his accusers will not be named by the media.

It’s a difficult area, but it seems like a better idea for people to be named only after they are convicted.

Problems then occur when somebody is found to have been wrongfully convicted – how do you un-name David Eastman?

Ghettosmurf8710:14 am 08 Oct 15

gooterz said :

Guilty or not he’s lost his job and name is now for all the world to see… yet they say “There is a presumption of innocence”

Think of it as being a both a civil matter and a criminal one.

They applied the civil standard to him under their enterprise agreement and found he had breached that agreement:

The university then undertook an internal investigation and took advice from a Review Committee on the matter. The staff member was dismissed for serious misconduct based on the provisions of UC’s enterprise agreement and “the standard of proof applicable to such proceedings”.

And now the criminal part of the proceeding is being held as to whether he also broke the law. One can be break the rules of an organisation without being a criminal. So he is guilty civilly, but is presumed innocent in the eyes of the court until proven guilty criminally. They didn’t just dismiss him because charges were laid. Rather, charges were laid as a result of the investigation which dismissed him.

gooterz said :

Guilty or not he’s lost his job and name is now for all the world to see… yet they say “There is a presumption of innocence”

Once you are charged, and so long as you are not a minor, those facts are openly available.

Everything that was reported is fair. It may encourage anyone out there to provide evidence either way as to his guilt or innocence.

When I first came to Canberra there was a rapist praying on female students in the ANU. They even had to institute a bus service within the ANU grounds to help protect them. I can’t recall they ever caught him.

Silence is not an option.

Guilty or not he’s lost his job and name is now for all the world to see… yet they say “There is a presumption of innocence”

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