A male teacher who told a female student she had "nice tits" and "a nice bum" has escaped deregistration by the Teachers Council.
He has instead had his practising certificate suspended until he addresses his "lack of understanding of proper boundaries".
But, once that happens, there is nothing to stop
him from returning to the classroom if a school chooses to employ him.
The Teacher's Council complaints assessment committee found the year 11 teacher, who has not been identified, behaved in an "unprofessional manner amounting to serious misconduct with a number of his students".
He used inappropriate and repeated sexualised comments such as telling one student she had "nice tits", "a nice bum", her older sister was "hot" and inquiring whether she was a virgin.
The teacher's behaviour was discovered when colleagues overheard students discussing his "inappropriate language".
His school started investigating and a complaint was made to the Teacher's Council which made its own investigation.
Responding to the allegations the teacher, who has since resigned, admitted making some of the comments but had justifications for many of them.
He also claimed some of his inappropriate language used to describe different body parts was during an anatomy class in which colloquial translations were used to ensure all students had an understanding.
In a decision released this month the council's disciplinary tribunal said the teacher accepted causing offence to some students and apologised for "any offence his comments may have caused".
It had little hesitation in concluding his behaviour amounted to serious misconduct, and that it "had an adverse effect on the students involved".
However, despite saying his behaviour "seriously calls into question his fitness to be a teacher" the council did not cancel his registration.
"Whilst this case is a relatively serious one, the (teacher) having well and truly crossed the boundaries of appropriate behaviour and, we have no doubt, acted in a way which has been detrimental to the students, we do not believe it is necessary for us to order deregistration."
His practising certificate will instead be suspended until he undertakes a course in appropriate behaviour management, provides a statement showing what he has learned from the course and provides evidence to the council showing he can have professional boundaries in the classroom.
Principals Federation president Ernie Buutveld said a flag would also be marked next to the teacher's registration so any school looking him up would be aware he had some history.
He said the flag indicated the teacher had "transgressed some boundaries" but the council obviously "saw merit in giving this person at least one more chance".
While the comments were "entirely inappropriate", in the end Mr Buutveld said it would be up to individuals school to decide if they wanted to employ him.
He suggested the man's history meant he probably wouldn't be at the top of any school's list anyway.
"As far as this person getting a job, they may well be struggling."
A male teacher who told a female student she had "nice tits" and "a nice bum" has escaped deregistration by the Teachers Council.
He has instead had his practising certificate suspended until he addresses his "lack of understanding of proper boundaries".
But, once that happens, there is nothing to stop
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