http://www.geelongadvertiser.com.au/article/2009/02/04/48481_news.html
Geelong Grammar sex damages claim settled
Aleks Devic
February 4th, 2009
A SEX damages claim against Geelong Grammar and a former teacher has been settled out of court.
A former bording student was suing the prestige school and Jonathon Fitzroy Harvey, 69, after he was sexually assaulted between 1977 and 1978.
Harvey was jailed for 32-months, with a non-parole period of 10-months, in December 2007 after he pleaded guilty to 10 counts of indecent assault involving his former pupil.
Harvey’s lawyer, John Butler, said yesterday a confidentiality agreement between the parties prevented the outcome of the damages suit being made public.
“I am glad to see it resolved and now everyone can try and move on,” Mr Butler said.
In a statement lodged in the Melbourne County Court, the former student, who was aged 16 and 17 at the time of the sexual assaults, said the abuse caused him to suffer adjustment disorder, post-traumatic stress disorder, and depression because of the abuse.
The man, who cannot be named for legal reasons, was seeking damages for injury, loss and damage.
Harvey, who retired about five years ago, was a teacher and housemaster at the school.
The case was listed to proceed before a jury yesterday at the Melbourne County Court, but Mr Butler said the matter was resolved a few months ago.
County Court yesterday, Judge Susan Cohen, who sentenced Harvey in 2007 at the time said Harvey took advantage of a vulnerable and impressionable teenager.
“I believe your offending was a gross breach of trust and the delay in their coming before the court does not lessen the seriousness at all,” she said.
“While there was no evidence you threatened or physically injured the victim, the teenager would have been intimidated by the power and influence you had over him.”
http://www.geelongadvertiser.com.au/article/2008/06/19/15239_news.html
Ex-student sues Geelong Grammar
Britt Smith
19Jun08
A FORMER Geelong Grammar student who was sexually assaulted by a teacher in the 1970s is suing the school and the teacher.
In a statement of claim lodged in the Melbourne County Court, the man, 48, says Jonathon Fitzroy Harvey, 68, sexually assaulted him between 1977-78.
Harvey pleaded guilty to 10 counts of indecent assault involving the man, and was jailed for 32 months in December last year.
The man alleges Geelong Grammar failed to take steps to stop Harvey’s behaviour, failed to investigate or supervise the welfare of students, and failed to ensure they were not sexually assaulted.
Harvey, who retired about four years ago, was a teacher and housemaster at the school. The man, then aged 16 and 17, was a boarding student.
He is now seeking damages for injury, loss and damage.
He says in the statement he suffered adjustment disorder, post-traumatic stress disorder, and depression because of the abuse.
Harvey has denied the man is entitled to compensation, while Geelong Grammar has argued too much time has elapsed since the alleged incident for legal action.
Law states such claims must be brought within six years of an alleged offence, meaning the man had until his 24th birthday to act.
But he claims he did not know his psychological issues were caused by the wrongful acts or omissions of the defendants until about three years ago.
Geelong Grammar also says the man did not suffer enough injury to to warrant compensation.
The man, who cannot be named for legal reasons, claims the crimes occurred in a Benalla motel, on an overseas school excursion, and regularly on weekends at Harvey’s residence.
Harvey has served six months of his sentence and will be eligible for parole in October.
The case is due to go before a County Court jury in February.
http://www.geelongadvertiser.com.au/article/2007/12/04/9399_news.html
Ex-Geelong Grammar teacher jailed over sex crime
Karen Matthews
04Dec07
FORMER Geelong Grammar teacher and housemaster Jonathon Fitzroy Clive Harvey has been jailed for 32 months after pleading guilty to sexually assaulting a teenage student during the 1970s.
Harvey will spend 10 months behind bars before being eligible for parole.
His name will also be listed on the Serious Sex Offenders Register for life.
Harvey, 67, of Teal St, Lara, recently pleaded guilty in Geelong County Court to 10 counts of gross indecency.
Handing down sentence in Melbourne County Court yesterday, Judge Susan Cohen said that at the time of the offences the victim, a boarder at Geelong Grammar, was aged 16-17 and Harvey, his house tutor, aged 37.
She said the first offence occurred when Harvey pushed his erect penis against the victim, then placed his hand down the victim’s pants and fondled his genitals.
The judge said other offences occurred when Harvey took the victim with him on a trip to Mansfield.
She said Harvey booked a room for the night at a Benalla motel and both before and after dinner, performed lewd sexual acts upon the student.
Judge Cohen said that during the next two years Harvey continued to perform similar sex acts of gross indecency upon the victim.
“You would invite the victim to your flat for Sunday lunch where you often entertained students, parents and other teachers,” the judge said.
“After the guests left, sexual activity would occur.”
Judge Cohen described Harvey’s offending as a gross mistrust of his position as a teacher.
“In this case your victim was 16 to 17, young, impressionable and vulnerable,” she said.
“While there was no evidence you threatened or physically injured the victim, the teenager would have been intimidated by the power and influence you had over him.”
Judge Cohen said some might say that because the offences dated back 30 years, they ought to be relegated to the past.
“However, I believe your offending was a gross breach of trust and the delay in their coming before the court does not lessen the seriousness at all,” she said.
Judge Cohen said that to his credit Harvey had admitted his offending and pleaded guilty, saving the cost of a trial and sparing the victim the ordeal of giving evidence.
“You have reconnected with religion and since retiring from Geelong Grammar four years ago, have been providing private tuition in mathematics,” she said.
“I accept you are kind and caring, have a sensitive nature, been active in community service and have contacts and interests all around the world.
“However, these offences were a serious abuse of trust on your part.”
Harvey was convicted on all counts and sentenced to 32 months’ jail with 10 months to be served immediately and the remainder suspended for two years.
http://www.geelongadvertiser.com.au/article/2007/11/21/9082_news.html
Ex Grammar teacher pleads guilty to sex acts
Karen Matthews
21Nov07
A FORMER Geelong Grammar teacher has pleaded guilty to 10 counts of gross indecency involving a teenager.
But his defence yesterday included character references from two high profile people _ one of Australia’s wealthiest women, Janet Holmes a Court, and former Australian cricketer Paul Sheahan, who is now the principal of Melbourne Grammar School.
Jonathon Fitzroy Clive Harvey, 65, of Teal Court, Lara, appeared in Geelong County Court faced with charges dating back to 1976.
He was a 36-year-old housemaster at Geelong Grammar at the time and the complainant was a 16-year-old male.
Crown prosecutor Bob Johnson said the offences occurred between May and June, 1976.
He said that on one occasion the victim was visiting Harvey’s flat when the teacher pushed his erect penis against him. Harvey then placed his hand down the boy’s pants and touched his penis.
Mr Johnson said that on various occasions during that period Harvey used baby oil and performed sexual acts on the boy including oral and simulated sex.
Mr Johnson said Harvey was interviewed by police on September 28, last year, after the victim lodged a complaint. He said Harvey was co-operative, telling police his actions had been due to “lust and gross misjudgment”.
Ian Hill SC, for Harvey, said his client had made full admissions to the conduct for which he had pleaded guilty.
“By his plea, he has spared the victim from having to give evidence and saved the court the cost of a trial,” Mr Hill said.
“He has expressed genuine remorse over something that happened 30 years ago. He also told police, `It is not the way a teacher should behave and I am very ashamed and regretful over what happened’.”
Mr Hill said his client found it a relief to get something off his chest that had been worrying him for a very long time.
He described Harvey as an intelligent, sophisticated and sensitive man.
“He has accepted fully his legal and moral culpability to what happened,” he said.
Judge Susan Cohen adjourned sentencing to a date to be fixed.
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