WWW – A London high school shop teacher was acquitted of sex charges yesterday after a judge ruled he wasn’t convinced a brief touch to a student’s genital area over his clothing was intentional. Andrew Hogg, 35, who had pleaded not guilty to sexual assault and touching for a sexual purpose, let out an audible sigh of relief and hugged his family and friends after Superior Court Justice Thomas Heeney’s decision.
Heeney described the incident as “one isolated incident lasting a second or two of the lightest contact possible.”
But in his reasons, Heeney made clear he questioned Hogg’s unconventional teaching style and believed the testimony of the teen, 15 at the time of the incident in his Grade 11 class at Saunders secondary school in 2002.
Hogg admitted during his four-day trial he routinely poked, tickled, pinched and teased his students.
But he was adamant he never participated in any inappropriate sexual contact.
Heeney said the youth testified this week that he was touched by Hogg on the penis and testicles over his lab coat while he welded an oil pan on a pickup truck.
He initially described the touch as a “grab,” but said during the trial said it was a “light touch.”
Heeney said the teen was “speaking in the language of a teenager male,” which could explain the difference in description of the incident.
The student told a few of his friends, but did not disclose the touch until he met with school administrators for swearing at Hogg in class about three weeks later.
The judge noted two Saunders vice-principals, who heard the teen’s complaint, gave different testimony about what was said.
Heeney said the Crown had to prove Hogg intentionally touched the student. He said he found the teacher’s evidence straight-forward and noted he was willing to admit inappropriate behaviour in class.
A squeeze, a rub, a caress or a pinch of a sexual area might be considered purposeful or intentional, Heeney said, but “we are dealing with the most minimal contact possible.
“There is nothing in the nature of the contact to infer that the contact was intentional,” Heeney said.
The teen testified Hogg said nothing at the time and the touch happened “out of the blue” in an open classroom in full view.
It was a one-time incident and Heeney noted Hogg had said he never inappropriately touched a student “in his life.”
The Crown, he said, hadn’t proven the case beyond a reasonable doubt.
The teen and his parents, did not want to comment on the result of the trial.
Hogg left comment to his lawyer, Ian Fellows.
“Mr. Hogg had denied touching the student sexually from the very beginning and feels vindicated by the case,” Fellows said.
He said Hogg’s vice-principals testified he’s “an outstanding teacher who, from time to time, may be acting too much like a student and not a teacher.”
Hogg, removed from the classroom when charged, still faces a complaint before the Ontario College of Teachers.