‘Returning on Monday’: Ex-rugby player fired from teaching job over misconduct allegations to return to work

• Former rugby player was fired from teaching role at school for alleged ‘serious misconduct’ in October.
• Yesterday, a school commissioner reinstated him after reviewing the dismissal.
• The former board of trustees’ presiding member has described the commissioner’s decision as ‘a disgrace’ and gone to Education Minister Erica Stanford.

A former representative rugby player fired from his teaching role for alleged serious misconduct during an U15 rugby trip has been reinstated by a school official after the school’s board of trustees’ parent representatives resigned en-masse amid acrimonious fallout from the sacking.

In a notice sent to the north Waikato Onewhero Area School community yesterday, Ministry of Education-appointed commissioner Brad Totorewa said he’d decided to reinstate the teacher.

“[The teacher] … will be returning on Monday,” Totorewa wrote in a decision, which is now the subject of a complaint by the former board’s presiding member to Education Minister Erica Stanford and others.

He’d reviewed the dismissal and while the teacher’s behaviour “may well have been classed as ‘misconduct’, or possibly ‘serious misconduct’ … even serious misconduct does not automatically require dismissal, as other options may be more appropriate.”

The man had admitted not fully adhering to all Education Outside The Classroom (EOTC) procedures “which is concerning and could potentially be viewed as misconduct”, Totorewa told the Herald.

“However, it’s important to consider this incident took place six months ago, didn’t involve any sexual misconduct, violence, theft, or abuse and [the teacher] has since continued to oversee EOTC activities without issue.

“The feedback from our interviews underscored [the teacher’s] positive standing within the community and his consistent performance since the incident. Given these insights, outright dismissal doesn’t seem warranted.”

His review also included speaking with community members, mana whenua, kaumātua, neighbouring schools’ teachers, union representatives and students, Totorewa said.

But recriminations over the teacher’s return looks likely to continue with former board presiding board member Amie Morgan yesterday sending the confidential information used to dismiss the man to Stanford, Act Party leader David Seymour and Port Waikato MP Andrew Bayly.

“I’d like accountability for this decision … and transparency for why this teacher was able to break the law and put pupils in harm’s way.”

Documents sent included findings of a lawyer’s independent report into the man’s alleged conduct, student statements and the “knowledge and involvement” of former acting principal Tessa Ritchie and current acting principal James Thomas in the teacher’s reinstatement, Morgan said.

“It’s a disgrace a commissioner appointed on behalf of the ministry hasn’t upheld the law. He’s putting the mana of a teacher ahead of the law.”

Totorewa also hadn’t spoken to former board members about the incident, or the “extensive process” the board undertook before firing the teacher, she said.

She asked the MPs to respond within five working days.

Education Minister Erica Stanford has been sent details of what lead to the teacher's now-overturned sacking. File photo / Mark Mitchell

Seymour and Bayly referred comment to Stanford, whose spokesman said the matter was an operational one for the ministry.

“Given the minister has yet to consider the complaint it’d be inappropriate to comment at this time.”

He didn’t know Morgan had contacted MPs “but she’s fully entitled to express her opinions”, Totorewa said.

Ritchie wasn’t involved in the decision to reinstate the teacher, but “it is, indeed, the principal’s responsibility to work directly with the commissioner on these matters”, he said.

There was no need to consult the former board during his review as he already had all necessary board correspondence, which contributed to his final decision.

Details of the EOTC incident - which occurred during a combined trip with Tuakau College U15 team players in April - are confidential for legal reasons, the board members told RNZ last month.

“The easy decision would’ve been to turn a blind eye, but we do not believe this would’ve been ethical, safe or legal and could come at a cost to student safety, which we weren’t prepared to accept.”

The former board also reported the man to the Teaching Council, mandatory when a teacher is fired, Morgan said.

He didn’t respond to questions from the Herald yesterday and today. He also declined to comment when visited at home last month.

Totorewa - a former school principal who’s also previously worked for Te Wānanga o Aotearoa, the Ministry of Education, Raukura Hauora o Tainui and the late Kiingi Tūheitia - was appointed commissioner after four board parent representatives resigned last month.

In a letter to the school community on November 1 the resigning board members said they stood by the decision to fire the teacher the previous month, but were quitting after being threatened, accused of racism and enduring months of scrutiny as a result of the sacking.

At a board meeting attended by around 100 staff, community and neighbouring community members on October 30 elected representatives had been told to reinstate the teacher, and then resign themselves.

A number of individuals and groups had asked him to review the teacher’s dismissal after he was appointed commissioner, Totorewa wrote in yesterday’s letter to the school community.

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Over the past month he’d looked at board documents, including the investigative report and minutes of board meetings, as well as letters of support for the teacher.

“[The teacher] acknowledges he didn’t follow EOTC procedures correctly, and that appropriate consequences and development should ensue.”

Conditions “aimed at enhancing his professional practice” included mandatory professional development and ongoing mentoring to support the teacher’s growth and ensure he followed the school’s standards from now on, Totorewa told the Herald.

Education Outside The Classroom is part of the national curriculum and schools must follow ministry guidelines.

The board members said last month the “incredibly difficult” decision to fire the man followed an employment dispute process in which the principal determined the concerns were of a “sufficiently serious nature”, and the matter was referred to the board.

Former principal Rebecca Bills resigned in mid-October, with Thomas later appointed.

As part of their response, the board sought advice from the NZ School Boards Association, then hired an independent employment lawyer to investigate and report back.

Based on those findings, the teacher was dismissed.

Onewhero Area School educates around 450 pupils from year 1 to 13 in rural north Waikato.Photo / Cherie Howie

The Ministry of Education supported their decision, the former board said last month.

At that time, the ministry were aware of concerns raised at the October 30 board meeting, but said they didn’t know until two days later the board had resigned.

Their top priority was giving the school, which has a roll of around 450 through years 1 to 13, the support needed to ensure “minimal disruption to teaching and learning”.

A ministry spokeswoman referred comment on the teacher’s reinstatement to Totorewa yesterday.

Cherie Howie is an Auckland-based reporter who joined the Herald in 2011. She has been a journalist for more than 20 years and specialises in general news and features.

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