Since 2015, the Generalitat has kept a 44-year-old teacher active -in the last three years teaching minors- despite the fact that he was being investigated in court for maintaining inappropriate relationships with a 15-year-old student with a 33% cognitive delay of which he was a tutor in a Secondary Education center in Caldes de Malavella (Girona). "Maybe it hurts a little at first, but little by little it would have to become pleasure." This is the start of one of the messages that the teacher sent to the student, with whom she ended up being summoned in a forest near the cemetery of the town on at least five occasions in July and August 2015.
The inappropriate behavior of the teacher has been accredited in the trial – the sentence comes to qualify him as a "teenager in heat" – although Joan M.T. He has been finally acquitted by what the court implies that has been an error of the Prosecutor's Office. "Despite the surprising, to put it mildly, tutor-student relationship," argue the judges, the prosecution only accused him of maintaining "sexual relations with carnal access" with the girl in the appointments in the forest. On the other hand, he did not request the corruption of minors despite all the evidence that the teacher tried to "seduce, by active or passive, an adolescent with problems of cognitive delay, entrusted to his position as guardian", subscribes the court .
The judges are shown especially hard with the Educational Inspection of the Generalitat considering that the sexual content of the messages – which the defendant acknowledged having sent, although he argued that they were a joke – "should have led to a much more radical intervention by the Inspectorate" than the mere imposition of "guidelines of behavior like recommending that he keep his distance from her. "
After the first complaint filed in December 2014, in which the mother of the minor warned of "raised sexual tone" messages and that she spoke a lot by telephone with her guardian, the Department of Education opened a disciplinary file to the teacher Five months later, however, this was suspended after the opening of the criminal process. The court then issued some measures of separation between the girl and the teacher. Teaching moved him for one year to the Adult School of Girona, but for almost three years the teacher returned to his place of origin, at the Institute of Tossa de Mar, again in contact with minors.
Despite the measures imposed, the accused and the girl continued to see each other and in August 2015, when she told her friends that they had had sex in the teacher's car, they notified her mother and filed a second complaint in the courts of Santa Coloma de Farners.
The Generalitat affirms that it is investigating and compiling all the information on the case, which includes the actions of the center's management and the Inspection. Teaching will also reopen the disciplinary proceedings when the criminal process is formally concluded. The institutes of Caldes and Tossa de Mar have not wanted to make statements.
By having proof of the contents of this resolution, the Minister of Education, Josep Bargalló, explained that when they receive it, they will analyze the role played by the Educational Inspectorate. In this regard, he acknowledged that "the protocols we have have to be activated and improved, and this sentence will surely help us improve some of them. With the sentence we will see what we should do and what we can do ".
The department, which claimed the day before yesterday by mistake that the teacher, 48 years old and neighbor of Tossa de Mar, was removed from teaching when he was opened criminal proceedings in January 2015, has rectified and has argued, as the lawyer of the Professor Christian Salvador, who has never stopped teaching.
The mother of the child was yesterday "very disappointed", with the role "of the school and the Generalitat". "Doing nothing until there is a final judgment is a danger because he is still with teenagers. The first step should be to remove the teacher. " The mother regrets the "very warm role that everyone has maintained, from the direction of the school, the educational psychologist [que ahora es la directora], the inspector…".
The girl, who is now 19 years old, "has a problem of bonding with people, she is vulnerable". "That's why it hurt me that this happened at school." The girl "has not yet overcome", concludes the mother, who illustrates it by explaining that the girl herself went to the lawyer of the accusation that the family had hired to say "he did not want to denounce and would say he did not remember anything" .