A Lambton County elementary school teacher has been convicted of sexual exploitation after a brief secret relationship with a high school student.
A Lambton County elementary school teacher has been convicted of sexual exploitation after a brief secret relationship with a high school student.
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While Gillian Boere, a teacher at Hillcrest public school in Petrolia, pleaded not guilty to the charge, Justice Deborah Austin delivered a guilty verdict Friday in a virtual Sarnia courtroom following a recent trial.
The woman’s reaction wasn’t visible since she had her camera turned off throughout the lengthy judgment. She won’t be sentenced for at least a couple of months, as the judge ordered a pre-sentence report.
The court heard Boere and the boy had a secret sexual relationship a couple of summers ago when he was 16 and she was 34 – a “significant” age disparity, Austin noted. The youth, whose identity is protected by a court-ordered publication ban, consented and was a willing participant but, given his age, that was a non-issue, the judge said.
The key was whether Boere was in a position of trust, power or authority at the time, which would render consent invalid.
Although she wasn’t his teacher – the victim wasn’t even enrolled in the same school board – Austin said Boere was still in a teacher-type role during a shared activity that brought them together that summer. This one-on-one interaction became the “gateway” for a sexual relationship.
“I do find that Ms. Boere did have a duty, was in a position of trust towards (him),” Austin said. “It is crucial, in my view, that in those circumstances teachers not breach or abuse that position to engage in a personal intimate or sexual relationship with students who are between 16 and 18.”
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The defense had argued there was no relationship of trust, as she never taught the teen while the sexual relationship occurred outside of school during the summer months.
There were four sexual encounters in total: two at her home, one in her parked SUV, and one at the boy’s home while his family was away. The victim seemed nervous while testifying, the judge reminded, but he described the four incidents with “clarity, with consistency and specificity” while being questioned by both lawyers.
The pair knew each other previously, but the inappropriate aspect of their relationship started after Boere became emotional about her failed marriage and the boy offered to console her with a hug. By the end of the day, they had shared a “lengthy” kiss and, on the next day, a sex act occurred.
Boere was “clear” with the court there was no sexual contact before then, Austin said.
The boy’s mother and another teacher Boere confided in about the secret relationship also tested at trial. Boere admitted to her now former friend late that summer she’d been seeing a high school student and was aware she needed to “cover herself” due to her role as a teacher.
This admission and the element of secrecy she encouraged were also factors in Austin’s decision, as was the emotional and mental toll it had on the boy as he balanced having a secret relationship with a woman twice his age while also being a sounding board for her personal issues.
“It became stressful and overwhelming for him,” Austin said. “In my view that is – can be seen as a recognition of an imbalance.”
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At one point, he wrote to her via social media: “I’m a 16-year-old kid and I can’t bring a 30-something-year-old woman home.”
The Lambton Kent District school board posted a memo on its website Friday notifying families of the conviction.
“I wanted to inform you of this, as the (school board) values open and transparent dialogue with its students, families and the community,” director of education John Howitt said in the statement. “Please be assured the (board) takes all allegations of professional misconduct seriously and is committed to providing safe and caring learning environments for its students.”
A school board spokesperson said they couldn’t comment on how long Boere was an employee or what schools she worked at due to privacy issues. The statement indicated she hasn’t been in the school since the allegations were made.
An Ontario College of Teachers spokesperson said Friday they were aware of the criminal charges and have been monitoring the case.
“The fact of the member’s conviction does not alter the member’s standing with the college since the criminal process and the college’s process are separate processes,” Gabrielle Barkany said via email.
Barkany did note on Sept. 6, 2020, Boere “undertook not to seek or engage in any employment that requires a certificate of qualification and registration until the college disposes of the complaint against her.”
The criminal case was adjourned to March 25, where the lawyers will pick a future sentencing date. A second charge of sexual assault was previously withdrawn.
A Sarnia high school teacher is also awaiting sentencing on sexual exploitation and sexual assault convictions.