Orange is the new Burke

May 2022 

Parents of a pupil at the school and the pupil requested that a change of gender identity be facilitated by addressing the pupil by a new name and the use of the pronoun ‘they’.

9th May 2022    

The Principal sent an email to teachers advising of the social transition, of the proposed change of name and mode of reference to this pupil (“the direction” or “the Principal’s direction”).

10th May 2022 

The Appellant objected to the email of 9th May 2022 on the basis that it was “wrong that this belief system would be forced upon students . . . [i]t is an abuse of children and their constitutional rights”. The Principal requested the appellant to make an appointment to see her. Staff meeting interrupted by the appellant’s objections to the email of 9th May 2022.

18th May 2022

The Principal, Deputy Principal and appellant met, but no mutually acceptable modus operandi was achieved.

27th May 2022

Principal sent an email to the appellant reaffirming the direction of 9th May 2022, stating “I expect that you will communicate with this student in accordance with the wishes of the student and the student’s parents”. Appellant replied, indicating that he would not comply with the direction.

21st June 2022 

A religious service in the school chapel, where the Church of Ireland Bishop of Kilmore was officiating, was interrupted towards the end by the appellant addressing the congregation in relation to the Principal’s direction. He requested that the Principal withdraw her “demand”. He ignored a request by the school Chaplain to desist, and he was interrupted by the Bishop who concluded the service. Pupils present for the service walked out of the chapel in protest at his remarks. A planned presentation to a retiring House Master did not take place in the chapel but rather was rearranged to take place on the school steps. After a dinner following the service, the appellant twice interrupted the school Principal in an agitated manner while she was socialising with guests . He repeated his request that she withdraw her “demand” or “request.”

August 2022

The Principal prepared a report for the respondent, invoking Stage Four of the disciplinary process set out in the Circular. She explained in the report why she considered the appellant’s behaviour should be regarded as gross misconduct within the meaning of the Circular.

15th August 2022 

The Principal handed a copy of her report to the Chairman of the respondent. The Chairman read out most of the report at a meeting of the respondent, attended by the Principal. The document was not circulated to other members of the respondent. The appellant was furnished with a copy of the report. The respondent arranged a disciplinary hearing for 14thSeptember 2022. The respondent decided to hold a hearing on 22ndAugust 2022 for the purpose of deciding whether it would place the appellant on paid administrative leave until the disciplinary hearing. The respondent invited the appellant to attend.

22nd August 2022    

The meeting of the respondent was attended by the appellant and his sister. The appellant was invited to address them as to why he should not be suspended. He did not do so, though he addressed the meeting for 35 minutes. The respondent terminated the meeting and deliberated on whether the appellant should be suspended. The respondent decided to suspend the appellant.

24th August 2022

The respondent notified the appellant in writing of its decision and its reasons for placing him on paid administrative leave.

25th August 2022

The appellant attended at the school premises.

26th August 2022 

The appellant attended at the school premises. By letter dated 25th August 2022, the appellant was directed not to attend at the school while on administrative leave. The appellant replied, stating that he regarded his suspension to be unreasonable, unjust and unlawful. The respondent wrote, requesting the appellant to confirm in writing

before 2pm on 29th August 2022 that he would cease to attend the school. If he would not so confirm, then the respondent would apply to court without further notice to him.

29th August 2022 

The appellant attended the school premises and did not provide the undertaking sought.

30th August 2022

The respondent commenced proceedings against the appellant. The High Court issued an interim injunction restraining the appellant from trespassing on the school premises.

5th September 2022

Order committing the appellant to prison for failure to comply with the interim injunction of 30th August 2022.

7th September 2022

Interlocutory order (Barrett J) restraining the appellant from attending the school premises or attempting to teach classes or students at the school.

12th September 2022

The appellant sought an injunction restraining the disciplinary hearing scheduled for 14th September 2022. The respondent undertook not to proceed on that date.

21st December 2022

O’Moore J released the appellant from custody even though he had refused to purge his contempt.

5th January 2023 

Appellant attended at the school.

6th January 2023 

Appellant attended at the school.

17th January 2023 

Second motion seeking the attachment and committal of the appellant. O’Moore J held that the appellant was in breach of the order and should be fined €700 for every day or part of the day that passes until he purges his contempt or until the relevant part of the order of Barrett J is vacated.

19th January 2023 

Dignam J refused the appellant’s application for an interim injunction restraining the respondent from holding a disciplinary meeting. Disciplinary hearing was heard. The appellant was dismissed from his employment by the respondent with effect from 21st April 2023.

2nd February 2023 

The appellant appealed the decision to the Disciplinary Appeals Panel.

16th February 2023

The appellant’s appeal of a number of orders of the High Court, including the interlocutory injunction granted by Barrett J, was heard.

7th March 2023 

The Court of Appeal dismissed the appeal.

28th– 31st March 2023

Plenary trial of these proceedings before Owens J.

19th May 2023 

Judgment of Owens J.

23rd August 2023

Order perfected.