Sex Abuse Royal Commission: Geelong Grammar Put Reputation before Student Welfare

By Timna Jacks
Sydney Morning Herald
November 9, 2016

http://www.smh.com.au/victoria/sex-abuse-royal-commission-geelong-grammar-valued-reputation-over-student-welfare-20161109-gsl8b4.html

Geelong Grammar valued its reputation over the welfare of students, according to a blistering submission to the Royal Commission.

"There was a culture at Geelong Grammar which valued the reputation of the school over the welfare of the students," said David Lloyd, counsel assisting the Royal Commission into Institutional Responses to Child Sexual Abuse in findings published on Wednesday.

"The system did not protect and promote the interests of the students."

The prestigious school has been accused of allowing Philippe Trutmann to work as a live-in boarding house assistant from 1985 and 1996, even though school authorities were told about allegations of improper conduct in 1985.

Geelong Grammar has been accused of valuing its reputation of the welfare of students in damning findings by the Royal Commission's counsel assisting into the prestigious school.

Trutmann was convicted in 2005 of sexually abusing 40 students, and sentenced to 6? years' jail.

Mr Lloyd took aim at the school for expelling a 14-year-old victim, BIW, after he alleged he was abused by Trutmann.

Mr Lloyd described this decision as a "gross breach of the school's obligation to the student".

BIW told the royal commission that in 1989 he awoke one night at the school's Highton boarding house to find Trutmann fondling his genitals.

"The school failed to conduct any investigation into BIW's allegations and instead, BIW was expelled from the school. This response constitutes an appalling failure by the school," Mr Lloyd said.

Trutmann pleaded guilty to the indecent assault of BIW and was given a suspended sentence of a year in 2011.

John Elliot Lewis, who was headmaster from 1980 to 1994, and went on to serve as headmaster at the world's most elite school, Eton College, was accused of a "total and utter failure" to protect students after he failed to report alleged abuse to police on several occasions.

Mr Lloyd said that by 1991, Mr Lewis knew or had reason to believe that Geelong Grammar had three current staff members looking after children who were the subject of credible sex abuse allegations.

"If Mr Lewis had investigated allegations of child sexual abuse that came to his attention, it is likely that a number of students at Geelong Grammar who were abused would not have been abused," Mr Lloyd said.

He further submitted that Mr Lewis was aware of abuse allegations levelled against former house master Jonathan Harvey in 1982, 1989 and 1991, yet allowed the teacher to have unsupervised access to students.

In 2007, Harvey was sentenced to two years and eight months in prison after pleading guilty to abusing a student between 1976 and 1978.

Mr Lewis' decision to refer sexual abuse allegations to police only once they could prove the abuse was beyond reasonable doubt was criticised as "utterly deficient" and "below the standards expected of a principal of a school at the time of his actions".

Mr Lewis' lawyers said in a submission that he "acted as best he could in difficult circumstances according to the knowledge and practices of the times".

Mr Lloyd also found that former headmaster Nicholas Sampson knew Harvey was a risk to students after he left the school in 2004, and should have reported him to the Victorian Institute of Teaching.

Lawyers for Mr Sampson, who is now the principal at Sydney's elite Cranbrook School, acknowledged that he should have reported the allegations to the institute.

"Mr Sampson respectfully requests that the commission take note that, whilst flawed in its execution, he did attempt to act in the best interests of the students by securing Mr Harvey's resignation."

Geelong Grammar apologised to victims of abuse.

"Geelong Grammar acknowledges the hurt and harm suffered by survivors of abuse, and their families, that was caused by the past failings of Geelong Grammar to keep its students safe, to believe them and to support them."

The school also said it now has a strong pastoral care system and "robust child protection policies".

Lawyers representing Harvey argued it was wrong for Mr Lloyd to determine in his submission the truth or accuracy of a victim's testimony over evidence submitted by Harvey.

"It is submitted that by taking this unnecessary step, the royal commission would be acting outside the terms of reference."