Freed sex case teacher James Boyle 'not fit to teach'

image captionJames Boyle was found unfit to teach by the General Teaching Council

A man who was cleared of rape and sexual assault charges after serving five years of a 12-year jail term has failed in a bid to return to teaching.

James Boyle, 56, was convicted in 2005 of the alleged offences which were said to have dated back to the 1970s.

After a retrial in 2010, the jury found the charges relating to children aged seven, eight and 13, to be not proven.

The General Teaching Council refused his bid to rejoin the teaching register after finding him unfit to teach.

Mr Boyle taught English and History at a Glasgow secondary school before his conviction in 2005.

His teacher registration lapsed after this and he had applied to have it renewed.

'Indecent practices'

In its ruling, the council (GTC) found three areas of complaint against Mr Boyle, who did not attend the hearing, to be proven.

The first area of complaint upheld covered allegations of "lewd, indecent and libidinous practices and behaviour towards Mrs A" between 1 May 1970 and 27 February 1975.

The second complaint upheld related to allegations of death threats and rape against Mrs A over the same period.

The third area of complaint upheld covered alleged "offensive and inappropriate correspondence" by Mr Boyle to the GTC while "it was seeking to discharge its regulatory functions".

In its "findings of fact", the GTC stated: "The panel had in mind that the burden of proof rested on the presenting officer and that the standard of proof required is that used in civil proceedings, namely the balance of probabilities."

"The panel was aware of the fact that the respondent (Mr Boyle) had been convicted of a number of offences of a sexual nature against Mrs A and others in 2005 and that the conviction had been overturned on appeal in 2009.

"The charges were found not proven after a re-trial in 2010."

The panel found that the areas of complaint relating the alleged sexual attacks "were found proven by a majority" and that the complaint about alleged "offensive and inappropriate correspondence" by Mr Boyle to the GTC "was found to be proven".

Expected standards

The GTC panel concluded: "The respondent's conduct fell significantly short of the standards expected of an applicant for registration and that he is therefore unfit to teach."

It added: "The panel considered that its duty to the public interest and the maintenance of the public's confidence in teachers and in the integrity of the teaching profession required that such a finding be made.

"The respondent's conduct is fundamentally incompatible with being a registered teacher."

Mr Boyle will now be unable to make another application to be reinstated to the teaching register for two years.

He has 28 days to appeal against the ruling at the Court of Session.

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