Warning: This article contains graphic content and descriptions of misconduct toward a student
The school student who former Auckland Symphony Orchestra conductor Peter Thomas was struck off for having an intimate relationship with claims he gave her a stolen sex toy and on another occasion she felt unableto say no to his request for sex.
Last week the Herald revealed the disgraced Epsom Girls Grammar music teacher lost his High Court fight to keep information about the relationship secret, including “credible evidence” from the student that he would sign her out of class so she could meet him in the school music library.
Now more details of his misconduct have been laid bare in a newly released Teachers’ Disciplinary Tribunal decision.
According to a summary of facts accepted by the tribunal, the teacher and student, then 17, had an “unremarkable” relationship until mid-2019.
Towards the end of term 3, the student said, she arrived at school upset and texted Thomas and he asked her to the music library where they spoke and he hugged her.
She submitted that on one occasion they were in the music library and he gestured to his lap and asked her to sit down.
“Despite feeling uncomfortable she did so, and he stroked her thigh over her clothing,” the ruling said.
In the months that followed the pair continued to meet and kiss, and, on one occasion in the music library, she said he initiated kissing, hugging and sexual touching, pushing up her top clothing, the summary said.
“She said she told him ‘no’ when he put his hand at the top of her jeans and that he replied ‘Okay, not today’,” it said.
On another occasion, she said she didn’t want to make him angry if she didn’t go with him into his office so she went in and he placed his hands under her skirt and attempted to move them under her underwear.
“She told him to ‘stop’, which he did. The following day ... they again went to the music library where the sexual contact increased,” the summary said.
The student told the tribunal she did not know how to “make it stop” and was confused about what was happening.
The following week she said Thomas asked her to his office and gave her a vibrator, which she said Thomas told her he had stolen.
They then went to the school library and he asked her to perform a sex act, which she did for a short time.
“She stated that she felt ‘disgusting’ for the rest of the day,” the ruling said.
While on study leave in October the student said she continued to work with him on Saturdays at a Ministry of Education-run music school in Remuera Intermediate.
On November 2, 2019, the student said she went to work as usual and Thomas took her into another building and he initiated kissing her and pulling down his trousers, stating he wanted to have sex.
“She tried to avoid this by saying she was not on contraception and that he did not have a condom, but he deflected her arguments. She said he seated her on the kitchen bench and they had intercourse, which she said was painful,” the summary said.
In an evidential interview she said she was scared and felt like she couldn’t do anything to say no.
“When asked why, she explained: Because I was alone with him and, like, so secluded away from everyone else. And, like, if I had said no, it would be so awkward for the rest of my shift,” the tribunal document noted.
Later that month the school became aware of messages the student had sent her friend about Thomas having sex with her.
When asked about the messages at the school meeting on November 6 the student said it was untrue.
The tribunal ruling said Thomas had been sent screenshots of the messages the student sent about him to her friend by anonymous email.
The student said following this he yelled at her over the phone and asked her to say at her second meeting that she was lying.
After receiving the anonymous email, Thomas went to a deputy principal, who said the student had admitted to “making up” the messages.
Besides asking the student to confirm in writing her Facebook messages about her relationship with Thomas were untrue, including an apology to Thomas, the school took no further action. The pair’s relationship continued into the next year after she graduated.
In July 2020 the student emailed school leaders requesting to meet and share new information around the situation with Thomas. She also filed a complaint with the police, however, police did not lay charges as she was over 16 and had consented.
In a letter the following month, Thomas admitted to having sex with her in March 2020, and that it was inappropriate and unprofessional, but he denied the 2019 events.
He was given written notice of the complaint and placed on leave at the end of August 2020.
Peter Thomas conducting the Auckland Symphony Orchestra in 2017. Photo / Supplied
In August 2021, Thomas stepped down as conductor of the city’s symphony orchestra amid allegations he had an inappropriate relationship with a student.
In a statement provided last Friday via his lawyer, Simon Mitchell, KC, Thomas apologised for his actions.
“I deeply regret my actions and sincerely apologise for the impact on everyone involved. That is all I wish to say on the matter,” Thomas said.
The teachers’ Complaints Assessment Committee laid charges against him in August 2022.
These alleged he signed the student out without a legitimate reason, that he was intoxicated while supervising students at various school events, that he offered her alcohol at an event and had a sexual relationship with her.
The charges were then heard by the tribunal in July 2023.
It dismissed the charge relating to alcohol but had “no hesitation” in finding his behaviour met the threshold for serious misconduct.
“The impact of the respondent’s conduct was undeniably adverse. As a secondary school student in 2019, she was in a situation over which she felt no control and which damaged her relationships with her family, friends, and the school,” the decision said.
“It was profoundly wrong of [Thomas] to have commenced a sexual relationship while Student A was at school, and he showed no regard for the impact of this on her at the time. He continued to show little regard for this during the hearing.”
The tribunal wrote that the student’s recollection of some of their exchanges when she asked him to stop or was reluctant indicated he put pressure on her to comply.
“He also compelled her to lie to school management and her parents. We consider that the impact of these actions was emotionally abusive from Student A’s perspective.”
As a result his registration was cancelled and he was censured.
Katie Harris is an Auckland-based journalist who covers social issues including sexual assault, workplace misconduct, crime and justice. She joined the Herald in 2020.
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