| Summary |
UNJUSTIFIED DISADVANTAGE - Applicant claimed respondent failed to provide adequate details of certain complaints made against her and hence applicant unable to provide informed response in disciplinary setting - Respondent denied claim - Applicant invited to attend disciplinary meeting - Applicant informed complaints received from students that were similar to complaints applicant had already been spoken to about - Complaints concerned applicant making disrespectful comments about students' countries including, China was dangerous and communism was a bad thing - Respondent also had concerns about applicant’s performance including interaction with fellow tutor - Applicant informed respondent before meeting could proceed wanted details of complaints including identity of students and copies of any documentary evidence - Respondent provided further information but claimed unable to provide identity of students as did not know - Respondent also claimed students had right to complain anonymously and as students from Asian countries, would be culturally inappropriate to be individually named, and that to do so, would cause “extreme” loss of face to student and their family - Claimed would be damaging to respondent’s reputation - Applicant claimed identity of students making complaints was material fact without which applicant could be at “material disadvantage” - Respondent claimed not actually knowing students’ names could be seen as good reason not to provide them - Authority found any legal analysis of parties positions at best academic and at worst pointless because accepted names of individual students not known to respondent - Authority found not possible for respondent to provide applicant with names of students who made complaints - Found totality of information provided to applicant about complaints adequate to allow applicant to provide at least initial response for respondent’s consideration - No unjustified disadvantage - Authority noted that because student’s complaints of such disparate nature, and manner in which information gathered appeared to have been so tenuous, was problematic as to how much weight could, in due course, be placed on it in disciplinary setting - Tutor |