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Headmaster sues against dismissal from civil servant status

A headmaster of a grammar school in the Kelheim district who has been convicted of infidelity is said to lose his official status. The man complains against this. The Bavarian Administrative Court wants to check on Monday whether the disciplinary measure continues.

Misappropriated money from “class travel account”

The criminal conviction of 2017 for infidelity is already final: The man had money paid out over several months from a so-called class trip account of the school. He had stated to third parties that the money was intended for the private school administration or other investments.

According to the judgment at the time, the headmaster distributed the money to his children’s accounts, among other things. Only when the embezzlement threatened to be exposed did he report himself and pay the money back.

The administrative court also decides against the accused

Regardless of the criminal judgment, a disciplinary measure was taken against the man: The administrative court in Regensburg sentenced the man, who had initially remained a civil servant, although he worked at a private school, again – which meant the removal from civil servant status. “The trust of the employer and the general public has been lost. The defendant has made himself unsustainable in his status as a teacher – regardless of which specific post he holds,” says the written judgment of the Regensburg Administrative Court.

School principals could lose pension entitlements

The headmaster sees it differently and is suing the disciplinary measure. Now the Bavarian Administrative Court in Munich has to decide. The law says that civil servants are automatically removed from civil servant status once they have been sentenced to a term of imprisonment of at least one year. The headmaster has only been sentenced to ten months probation. Nevertheless, the Regensburg administrative court came to the conclusion: “The gravity of the official offense requires removal from the civil service.”

If the Bavarian Administrative Court confirms the judgment of the Regensburg court, the headmaster not only loses his official status. The father of a family is also threatened with the loss of his pension entitlements.

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