A former Richmond teacher accused of sexual misconduct nearly 40 years ago will now face a disciplinary hearing, the B.C. Court of Appeal ruled Thursday.
Robert John Robertson, age 62 in 2013, was accused of having inappropriate sexual relationships with three secondary school students in 1976. The Richmond School Board launched an investigation and suspended Robertson, who then resigned his position in Richmond and applied for a position in Vancouver, where he was hired as a substitute. The court documents allege that he did not disclose to the Vancouver board that he was under investigation when he resigned from Richmond.
Robertson’s lawyer told him at the time that the outcome could range from the loss of his teaching certificate to no disciplinary action, court documents show.
The allegations of sexual misconduct were reported in 1976 to the body that then had the authority to cancel a teacher’s certificate of qualification, however, the complaint was not followed through on, court documents show.
When a year had passed, Robertson assumed it meant there would be no disciplinary action against him. He taught in Vancouver until 2006, where there were no other complaints against him and his performance reviews were positive. He married in 1984 and has since raised three children.
In 2005, one of the students who accused Robertson saw his photograph with a newspaper article about a teachers’ strike. She thought he had been dismissed in 1976 and wrote to the school district to indicate her shock. In December 2006, Robertson resigned his position with the VSB and now teaches at a high school in China.
The College of Teachers began an investigation in 2007, but didn’t issue a report until 2010. Court documents say Robertson admitted to having a “boyfriend/girlfriend” relationship with one of the students, which continued after he started teaching in Vancouver. He also admitted to a sexual relationship with one other student, but said it did not include intercourse, court documents show. None of the allegations has been proven in court.
In November 2011, the college issued a citation that a disciplinary hearing would be held regarding two allegations: the inappropriate sexual relationships and that Robertson misrepresented himself when hired by the VSB. Robertson responded with his own complaint, claiming abuse of process by delay. A disciplinary panel initially denied his application, but last fall the B.C. Supreme Court overturned their decision.
On Thursday, the B.C. Court of Appeal upheld the disciplinary panel’s initial decision, saying that despite the 35-year delay, allowing Robertson “to avoid facing a disciplinary hearing in these circumstances would carry with it a serious risk of bringing the regulatory process into disrepute.”
