School chiefs buy silence of teacher who was victimised by his pupils

Published on Monday 8 March 2010 21:42

A TEACHER convicted of assaulting pupils has been given an out-of-court settlement by his former council employers.

Mike Barile, 52, was due to take Dundee City Council to an unfair dismissal tribunal after appeal judges ruled him to be the victim of "disgraceful behaviour" by the youngsters. He lost his job in December 2008 after being convicted of two assault charges involving male pupils.

However, just hours before his tribunal was due to open, the council struck a deal with Mr Barile in return for his silence.

It is understood the council feared the former maths teacher would embarrass the authority. The hearing was due to run for at least five days and Mr Barile was expected to give evidence on teaching standards and conditions.

However, yesterday, Mr Barile's solicitor confirmed a deal had been struck. John Muir, of Dundee law firm Muir, Myles, Laverty, said: "My client has settled out of court and I am unable to say anything more."

Mr Barile had taught in schools in Fife and Dundee for 25 years before the incident that ended his career. The original trial at Dundee Sheriff Court heard the maths teacher lost patience after pupils told him to "f*** off" and called him a "walking penis".

The father of two was found guilty of grabbing a 15-year-old boy's shirt, pushing him and threatening to put him "through the blackboard".

He was also found guilty of placing his arm across the boy's chest and preventing him from leaving the classroom at Lawside Academy in Dundee.

However, Mr Barile launched a legal bid to clear his name after he and his wife were hit with eggs and their house attacked.

In November last year, three judges sitting at the Appeal Court in Edinburgh dismissed the appeal but criticised prosecutors for bringing a criminal case against the teacher.

They said that it was not in the public interest, given the boys' "disgraceful behaviour" and the "relatively insignificant nature" of Mr Barile's response.

However, it is not the first time the former teacher has encountered problems. In September 2006, he was assaulted and threatened by a pupil at Madras College in St Andrews, Fife.

After a disciplinary dispute with the Madras rector over his handling of the attack, Mr Barile moved to Lawside Academy in August 2007.

But publicity surrounding his earlier troubles followed him and, within months, Mr Barile had to report violence in the classroom to the rector and Tayside Police. He also discovered that Lawside pupils had set up a smear campaign against him on social networking website Bebo.

At the time, he said: "I came across the Bebo network where I was introduced as a 'paedophile in the maths department'.

"There was also an allegation that I raped a first-year pupil in the toilet. It was ridiculous garbage."

Mr Barile has vowed never to return to teaching and focus instead on his role as fans' representative on the Dundee United FC board.

However, he can expect to be banned from the profession by regulator the General Teaching Council for Scotland.

A Dundee City Council education department spokesman said: "We understand that the employment tribunal case against the council is being withdrawn."

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