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Gauteng teacher cleared of sexual harassment but found to have crossed boundaries, says The Citizen

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According to The Citizen, a Gauteng high school teacher accused of sexual harassment and grooming behaviour was cleared of four charges at the Education Labour Relations Council, but an arbitrator found his conduct had crossed professional boundaries.

Allegations and evidence

The Citizen reports that Gawie Visagie faced four allegations brought by the Gauteng Department of Education at the ELRC. The case centred on claims of inappropriate messaging and alleged physical contact involving two pupils.

One pupil received messages in February 2025 that included the statements: “You know what sounds really good right now?” and “You and me together, together under the sheets where we’re cuddling each other so close because…. how much I love you, because I really do.” Further communication in December 2025 included heart emojis, “hugs for you”, and a TikTok video referencing “good night kisses as being the best kind”, The Citizen says.

The Citizen says another pupil received messages between September and November 2024, including: “You are close to my heart, hugs, thinking of you.” That pupil also alleged the teacher approached them from behind, held them around the waist, and touched them inappropriately.

Witness accounts and defence

Both pupils described initially positive relationships with Visagie, saying he was supportive and approachable. One pupil told the hearing that the tone of his messages later made them uncomfortable but, under cross-examination, acknowledged initiating some contact, including asking to meet him and expressing a desire for a hug “from someone”, according to The Citizen.

The second student described several incidents during a school trip: discomfort over sleeping arrangements, alleged inappropriate touching during a swimming activity, further contact during a group photograph, and a conversation about Valentine’s Day in which the teacher joked about accompanying them and said their date was “lucky”. That student also said they were bullied by other pupils because of their association with the teacher, The Citizen reports.

Visagie denied all allegations of sexual harassment and grooming, conceding only that some communication may have been unprofessional but insisting there was no inappropriate intent. He denied physical misconduct and said he once sent a student a video of his new apartment only after the student showed interest. The Citizen also notes that a third pupil testified in his support, disputing key aspects of the pool incident and saying they had never felt uncomfortable or unsafe around him.

Arbitrator’s ruling

Arbitrator Mark Andrew Hawyes ultimately found that the evidence did not meet the standard required to prove sexual harassment. As The Citizen quotes him:

“The messages may well demonstrate poor boundaries, emotional over-involvement, over-familiarity, and unprofessional conduct. However, such conduct is not necessarily equivalent to sexual harassment or grooming. An educator may be guilty of boundary violations without being guilty of sexual misconduct.”

On the question of physical contact he said:

“The evidence establishes that the complainant felt uncomfortable, and that is significant. However, discomfort alone does not necessarily establish sexual harassment. A finding of sexual harassment requires more than proof that physical contact occurred.”

Although Visagie was found not guilty on all four charges, The Citizen reports the ruling emphasised that his behaviour was “inappropriate and ill-advised.”

Department view

The Citizen states that the Gauteng Department of Education argued Visagie’s conduct amounted to grooming, alleging he cultivated close relationships with pupils by offering special attention, emotional support, gifts, and frequent communication outside of “educational purposes.”

What the teacher said

According to The Citizen, Visagie rejected the claims of sexual harassment and grooming, maintained there was no inappropriate intent, and denied the allegations of physical misconduct.

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Source: citizen.co.za