Information updated on 11/03/2024
JÉRÔME PERNOO CASE
All factual and sourced information available on this matter
JUSTICE DECISIONS
ADMINISTRATIVE COURT
FROM PARIS
SUMMARY TRIAL
Decision of December 7, 2021
As regards the existence of a serious doubt about the legality of the contested decision:
5. To pronounce against Mr. Pernoo the sanction of temporary exclusion of one year with withholding of salary, the director of the CNSMDP noted that he imposed “students a climate where familiarity, references to sexuality and inappropriate gestures are omnipresent in [his] expression and [his] attitudes towards them". She noted that he adopted a “mode of teaching [which] does not comply with the duty of exemplarity incumbent upon [it] ”, which he established “divisive functioning within the class " in "[abusing] the undeniable ascendancy [he] exercises over [his] students ”, that he maintained a “gender confusion ”, that he used “spoonerisms with sexual connotations» and that he adopted “humiliating attitudes in public where mockery and humiliation are part of the educational system ". It appears from the documents in the file that, to pronounce the contested decision, the director of the CNSMDP relied in particular on the report of the investigation carried out by Ms. De Haas, associate director of the Egaé group, an expert structure in the prevention of gender-based violence, discriminatory, moral and sexual, and Mr. Pillon, head of the human resources department of the CNSMDP, and during which fifty-one people were heard, including Mr. Pernoo, and forty-five of them signed the report of their interview.
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6. If Mr. Pernoo contests the materiality of the facts with which he is accused, it appears from the documents in the file and in particular from the numerous precise and consistent testimonies included in the investigation report, including those favorable to the person concerned, that - he gives nicknames to his students, that he makes numerous comments with sexual connotations, particularly in the form of spoonerisms, that he demonstrates regular physical contact with his students which goes beyond the gestures necessary for learning the cello, such as frequent kisses and hugs, and that he maintains a special closeness with his students going beyond the duty of exemplarity which is incumbent on all teachers.
7. In these circumstances, the applicant's use of remarks that are unsuitable even for higher artistic education, as well as an inappropriate attitude in the context of the education he provides can be considered established. While many students have stated that these behaviors do not bother them and have praised his teaching techniques, these facts, regarding a higher education professor who addresses, in within the framework of its lessons, to adolescents or young adults, even if they are carried out in a humorous tone or in the particular context of music teaching, constitute faults which are of a nature, on their own, to justify the imposition of a sanction.
8. The grievances previously considered established can be considered serious due, as has already been noted, to the teaching functions exercised by Mr. Pernoo and his position as a renowned musician facing an audience that is still young and impressionable, and whose teachings have a broad impact on their professional integration. However, taking into account the nature of the faults committed by the person concerned, the fact that Mr. Pernoo has never been the subject of reports or disciplinary sanctions for similar facts since his recruitment by the CNSMDP in 2007, and had having regard to the seniority of certain facts, some of which date back to the years 2002 to 2016, the argument based on the fact that the sanction of temporary exclusion from functions for one year with withholding of salary, which falls under the third group of measures
disciplinary measures, is disproportionate and likely to create serious doubt as to the legality of the contested decision.
9. This is also the case for the arguments based on the lack of impartiality of the administrative investigation, the irregularity of the composition of the disciplinary council and the procedure followed before this advisory body.
10. It is therefore appropriate to suspend the decision of September 7, 2021 by which the director of the CNSMDP pronounced against him the disciplinary sanction of temporary exclusion from his functions for a period of one year with withholding of salary.
On costs related to the dispute:
10. In the circumstances of the present case, it is appropriate to charge the CNSMDP with the sum of 2,000 euros to be paid to Mr. Pernoo in accordance with the provisions of article L. 761-1 of the code of justice administrative.
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O R D O N N E:
Article 1 : The execution of the decision of September 7, 2021 by which the director of the National Superior Conservatory of Music and Dance of Paris pronounced against Mr. Pernoo the disciplinary sanction of temporary exclusion from his functions for a period of One year with withholding of salary is suspended until a ruling on the merits of the legality of the contested decision is made.
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Article 2 : The National Superior Conservatory of Music and Dance of Paris will pay Mr. Pernoo the sum of 2,000 (two thousand) euros under article L. 761-1 of the administrative justice code.
Section 3 : This order will be notified to Mr. Jérôme Pernoo and to the National Superior Conservatory of Music and Dance of Paris.
Done in Paris, December 7, 2021.
The summary judge,
L. GROS
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SUMMARY TRIAL
Decision of June 22, 2022
Considering the following:
On voluntary intervention:
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1. Eleven current students of Mr. Pernoo, his piano accompanist and his assistant intervened in support of the request for suspension. Given the specific teacher-student bond in this very high level musical education, this intervention is admissible.
On the conclusions presented under Article L. 521-1 of the Justice Code
administrative:
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As regards the serious doubt as to the legality of the contested decision:
6. In the current state of the investigation, only the argument based on the disproportionate nature of the measure is likely to create serious doubt as to the legality of the decision.
7. It is therefore appropriate to suspend the decision of May 11, 2022 by which the director of the CNSMDP pronounced the disciplinary sanction of dismissal against Mr. Pernoo without notice or compensation.
On the conclusions presented under article L. 761-1 of the administrative justice code:
8. These provisions preclude the conclusions of the Conservatory against Mr. Pernoo who is not the losing party in these interim proceedings. In the circumstances of this case, it is appropriate to charge the Conservatoire national supérieur de musique et de danse de Paris with the sum of 2,000 euros to be paid to Mr. Pernoo in application of the provisions of article L. 761-1 of the administrative justice code.
O R D O N N E:
Article 1 : The intervention of Mr. Guignier and others is admitted.
Article 2 : The execution of the decision of May 11, 2022 by which the director of the National Superior Conservatory of Music and Dance of Paris pronounced against Mr. Pernoo the disciplinary sanction of dismissal without notice or compensation is provisionally suspended until that the legality of the contested decision be ruled on as soon as possible.
Section 3 : The National Superior Conservatory of Music and Dance of Paris will pay Mr. Pernoo the sum of 2,000 euros under article L. 761-1 of the administrative justice code.
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Article 4 : This order will be notified to Mr. Jérôme Pernoo, at the Conservatoire national supérieur de musique et de danse de Paris, to Mr. Gabriel Guignier, to Mr. Krzysztof Michalski, to Mr. Léo Ispir, to Mr. Carlos Vidal Ballester, to Ms Pauline Boudon, to Mr Shicong Li, to Mr Fabian Sturm, to Mr Maël Floc'h, to Mr Minje Song, to Ms Romane Bestautte, to Mr Théophile Dugué, to Mr Cyrill Lacrouts and to Ms Karine Selo.
A copy will be notified to the Minister of Culture.
Done in Paris, June 22, 2022.
The summary judge,
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L. GROS.
TRIAL
Decision of November 2, 2022
Regarding internal legality:
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24. It appears from the terms of the contested decision that, to pronounce the sanction of dismissal without compensation or notice against Mr. Pernoo, the Conservatory based itself first of all, on the establishment by the interested in educational and extra-curricular activities outside the establishment, without prior notice or request to his management, and that he strongly encouraged his students to take part in them, maintaining confusion between his private activities and those relating to his teaching. Then, she notes that Mr. Pernoo adopted inappropriate behavior towards his students by interfering in their private and extracurricular lives, going beyond the teacher-student relationship, resulting in a form of control on his students. The sanction decision is also motivated by the use of humiliating methods, the content of remarks with a sexual connotation, in particular repeated spoonerisms, as well as sexually oriented gestures and attitudes. Furthermore, the contested decision considers that Mr. Pernoo breached his obligation of loyalty and his duty of confidentiality by giving lessons to his students when the sanction of temporary exclusion, since withdrawn, was in effect, lessons which continued during the precautionary suspension, as well as by relaying publications hostile to the Conservatory on social networks.
25. It appears from the documents in the file and from consistent testimonies to this effect, as has already been indicated, that Mr. Pernoo engaged in inappropriate behavior during his lessons, in particular by regularly using spoonerisms or remarks with a sexual connotation, likely to disturb some students. Also, eleven testimonies demonstrate that Mr. Pernoo made inappropriate gestures towards two former students, both outside the framework of the Conservatory and within the framework of classes during a study trip to Russia, and that due to
of their seriousness, the director of the establishment, to whom they were reported in March 2021, used article 40 of the code of criminal procedure to report them to the public prosecutor. Furthermore, it still emerges from the consistent elements of the file that Mr. Pernoo, by establishing a friendly, even “family” climate according to the words of certain students, in particular by kissing, the familiarity, the use of nicknames, the organization of collective meals outside class hours, practices which are not frequent at the Conservatory, as evidenced by the testimonies of other teachers, by strongly encouraging his students to participate in an association of which he is the founder, as well as in festivals or representations that he organized as part of a private activity and without prior authorization from his superiors, with the risk that certain students would subsequently see themselves devalued or denigrated if they did not accept or participate in other activities not approved by their teacher, by maintaining private conversations unrelated to his teaching outside the framework of the Conservatory, Mr. Pernoo established inappropriate relationships with his students and went beyond the framework of the teacher-student relationship, even in the particular context high-level music teaching as delivered by the CNSMDP.
26. Furthermore, it appears from the internal investigation carried out by the Oppidum firm, and in particular from the testimonies of Mr. Pernoo's current students, that the latter offered them free lessons outside the Conservatory, while his sanction of temporary exclusion for a period of one year, since withdrawn, was effective, and that these courses continued during the precautionary suspension of December 10, 2021, even though a replacement had been appointed to ensure the educational continuity of students. The circumstance, which Mr. Pernoo relies on, that the decisions did not mention the ban on coming into contact with the students is not sufficient to justify his actions, since he could not have been unaware that these two decisions implied , by their nature, that he does not contact his students, in particular to provide lessons for which he was no longer responsible at the Conservatoire. Finally, it appears from the documents produced in defense that if the applicant only relayed on social networks press releases from his counsel and press articles relating to his case, his companion, Mr. Ducros, carried out a virulent campaign against the establishment and its director on these same networks, without Mr. Pernoo dissociating himself or even establishing that he tried to stop these actions.
27. The facts, the reality of which must be considered as materially established, relating to the existence of inappropriate gestures, behavior and comments towards students, minors or young adults, to the diversion of students for the benefit of ancillary private activities without financial compensation for the participants, the offer of free lessons outside the Conservatoire while the applicant was excluded or suspended from his functions and the relaying, on social networks, of publications hostile to his employer, constitute all breaches of the obligations of a internationally renowned conservatory professor and are likely to justify a disciplinary sanction. Having regard to the nature and seriousness of the facts, and even though the applicant has no disciplinary history, is the subject of a good rating and several testimonies highlight his educational qualities and his involvement towards his students, the Conservatory did not take a disproportionate sanction by issuing a dismissal measure without compensation or notice.
28. It follows from all of the above that Mr. Pernoo is not justified in requesting the annulment of the decision of May 11, 2022 by which the Conservatoire national supérieur de musique et de danse de Paris pronounced the sanction against him disciplinary dismissal without compensation or notice.
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DECIDED :
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Article 1 : In request no. 2211555, the interventions of MM. Guignier, Michalski, Ispir, Vidal Ballester, Li, Sturm, Floc’h, Song, Dugué, Lacrouts, Olmedo and De Maria, and Mmes Boudon, Bestautte, Sélo, Devane and Amaya Farias are admitted.
Article 2 : In request no. 2108747, the decision of April 8, 2022 is annulled.
Section 3 : The remainder of the conclusions of the motion is rejected.
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Article 4 : Requests Nos. 2208748 and 221155 of Mr. Pernoo are dismissed.
Section 5 : The conclusions presented by the Conservatoire national supérieur de musique et danse de Paris under article L. 761-1 of the code of administrative justice are rejected.
Article 6 : This judgment will be notified to Mr. Jérôme Pernoo and to the National Conservatory
superior of music and dance of Paris.
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A copy for information will be sent to the Minister of Culture.
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Deliberated after the hearing of October 12, 2022, at which sat:
Mr. Ladreyt, president,
Mr. Gandolfi, first advisor,
Ms. Leravat, advisor.
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Made public by making it available to the registry on November 2, 2022.
The rapporteur,
C. LERAVAT
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President,
J-P. LADREYT
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The clerk,
L. SUEUR
TRIBUNAL CORRECTIONNEL
TRIAL OF 05/26/2023
Decision of 09/26/2023
Judgment of September 26, 2023
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The court pronounced an acquittal of all the facts denounced by Angèle Legasa, Rafael Cumont-Vioque and Bruno Philippe.
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The court rejected the requests made on the civil action by Angèle Legasa, Rafael Cumont-Vioque and Bruno Philippe due to the acquittals pronounced.
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The court ruled that the civil action of the Conservatoire National Supérieur de Musique et de Danse de Paris was inadmissible.
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The court pronounced a conviction for the attack denounced by Noé Natorp.
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The sentence handed down is one year's imprisonment, with full simple suspension.
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An additional sentence prohibiting the exercise of any paid or voluntary activity involving habitual contact with minors was imposed for a period of ten years.
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He ordered the payment of damages for Noé Natorp: €6,070 for material damage (psychological monitoring), €5,000 (out of €45,000 requested) for moral damage and €5,000 under article 475-1 of the criminal procedure code.The tribunalin ordered provisional execution.
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Finally, the court ordered the payment of €1,500 in damages to the Children's Foundation and €1,500 under article 475-1 of the code of criminal procedure.
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