The man, who cannot be named for legal reasons, taught at Loretto School in Musselburgh, East Lothian, and was put on a final written warning in 2007 which said “we cannot possibly have a repeat of this behaviour”, the Scottish Child Abuse Inquiry heard on Wednesday.
A former senior staff member, who has chosen to remain anonymous, told the inquiry: “I felt he was someone I needed to keep an eye on.
“His teaching had been observed and we were satisfied this was someone who had made a mistake in the classroom and had learned from it.”
The hearing was told a job reference was provided for the man which did not alert any potential employers to his record of behaviour.
The senior staff member, given the pseudonym Jack, went on: “In this instance we had a member of staff who behaved in a particular way and showed a very poor judgement… he used very inappropriate language in front of some students.”
Inquiry chairwoman Lady Smith interjected: “And was touching them to a degree they did not like… Surely the norm should be to tell the school asking for a reference what’s on record so far as the teacher’s disciplinary record is concerned? Particularly if it involved behaviour toward children.
“If you tell the prospective employers about it surely that puts them in a position to explore it with the candidate at interview… the interests of children must come first, not the interests of teachers.”
The former senior staff member added: “A reference mentioning his final written warning is essentially the end of his teaching career elsewhere.
“In my experience the reality would be by saying this I would be saying this person should not be working here.
“I witnessed nothing during my time when he was on staff to give me cause for concern.”
He added that references are now written on templated forms, which ask about previous disciplinary issues and require it to be disclosed so it cannot be left out.
He added: “That’s certainly the case now, I would not write a sort of general essay about a teacher, I expect it to be a form.”
Loretto School was founded 1827 and is set in 85 acres of leafy and spacious rural grounds six miles outside Edinburgh.
It is now attended by girls and boys and boarding fees per term are currently between £7,750 and £11,900.
It counts broadcaster Andrew Marr and former chancellor Alistair Darling among its former pupils.