The tribunal found that Derek Ross bought drink for his under-age pupils, two of whom were under 16. Describing the incident, it states: "He left the pupils in bars to go shopping. The party met up as arranged at the theatre workshop at 16.15. After it, most of the pupils returned to the bar lounge of a hotel, where the majority of them had a meal with an alcoholic drink or drinks. "
Mr Ross "left them to go to an unspecified Indian restaurant, and met up with the members of the group at 19.15 outside the theatre in time for the evening performance. In the course of the first half, (a pupil) was sick over the back of a pupil from another school sitting in the row in front."
Mr Ross, with two other pupils, took the drunk pupil out to sober up. There were no problems on the way home but pupils were told not to tell anyone what had happened. Mr Ross left the bus at Rothes, where he lived, and it continued to Elgin, arriving at 1am. Several pupils walked home but two had to wait until they were picked up by their parents at 2am.