Source: Radio New Zealand
A teacher who was experiencing a manic episode of bipolar disorder accessed pornography at school, swore at students and made inappropriate comments to other staff members.
The man had only been teaching in New Zealand for a week, and had told the school about his condition, but had little support and ended up in hospital under a compulsory treatment order after his mental health deteriorated significantly.
The Teaching Council then opted to charge him for serious misconduct, despite acknowledging that the incidents occurred because he was seriously mentally unwell.
The man wasn’t provided any training, had no local family or medical support and had told the school’s principal about his disorder before he started teaching there.
After the series of incidents, the school made a referral to the Teaching Council, which then opted to press charges of serious misconduct against the man, who had returned to his home country and was no longer teaching in New Zealand.
According to a ruling by the Teachers Disciplinary Tribunal made last year but only released this week, the teacher was trained overseas and arrived in New Zealand in March 2023.
Because of delays with his visa he’d only been in the country five days before he started teaching, and had no formal training in the New Zealand education system.
The teacher had a history of Bipolar Affective Disorder and received regular treatment overseas, including hospitalisation. He disclosed this to the principal of the school where he was to be working.
However, he did not have appropriate accommodation or a psychiatric care plan in place to manage his bipolar condition and while he was still taking his prescribed mood stabiliser on a daily basis, he did not augment this with antipsychotic medication to appropriately manage the heightened stress of transitioning to a new country.
Over seven days of teaching at the new school, his mental health deteriorated, and there were a series of incidents that led to the Teaching Council charging him for misconduct.
According to the summary of facts, the teacher was found drinking beer on school grounds, swore at students, made inappropriate comments about a student’s mother, and similar comments to two female teachers, as well as sharing information about his personal life that made staff feel uncomfortable.
The man also made comments about violence as well as other homophobic comments, removed his shirt to show people his back tattoo and accessed pornography on his personal cellphone using his school account, during school hours.
At the instigation of school staff, the teacher was assessed by the Mental Health Crisis Assessment Team and underwent a period of inpatient treatment under a compulsory treatment order.
The school filed a report to the Teaching Council and subsequently dismissed the man, who has since returned overseas.
‘Overbearing, aggressive and reckless’
The teacher admitted the charges against him but noted that the “homophobic comments do not reflect his views on the LGBT community when he is stable”.
He also said that while he had accessed pornography at school, he’d done so inadvertently when he opened his internet browser for the first time during the day.
A report was prepared by a clinical psychologist for the Teaching Council, which found that the man was insightful about what factors contributed to his manic episode, and that he were to work in teaching again he would need appropriate therapeutic support.
A Complaints Assessment Committee appointed by the Teaching Council to lay charges against the teacher before the tribunal said that his behaviour exhibited a pattern that was “overbearing, aggressive and reckless” and met the criteria for sexual misconduct.
The committee said that the swearing at students, drinking alcohol in front of them and viewing pornography at school could have had an impact on student wellbeing.
Overall, the committee said that the teacher had failed to manage his disorder and had “a tendency to act aggressively, inappropriately and impulsively towards a student and staff”.
The tribunal found that the teacher was guilty of serious misconduct, but noted that the incidents occurred in the context of his deteriorating mental health.
“The tribunal does not have the evidence or the expertise to determine whether the respondent was aware that he was about to experience a manic episode or the extent to which he then was competent to control his disinhibited behaviour,” the tribunal said.
“Fundamentally, managing personal factors including health issues is necessary to show due regard for maintaining professional relationships with students and working respectfully alongside colleagues.”
The tribunal ordered that the teacher be censured, and if he returns to teach in New Zealand must tell any prospective employer about the finding against him. He was also ordered to pay $6500 in legal costs.
In a statement to NZME, a spokesperson for the Teaching Council said the teacher was granted a provisional practising certificate, which meant he would have been mentored for two years before becoming fully registered.
“A disclosure of a mental health condition such as bipolar disorder does not automatically prevent someone from being registered or certificated,” the spokesperson said.
“The key consideration in the decision-making is whether the diagnosis impacts a person’s ability to teach safely and effectively. Each case is assessed individually, with careful consideration given to fitness to teach and the safety and wellbeing of learners.”
Under the current requirements for teachers to become registered, applicants must declare their commitment to the code and standards and confirm they are physically and mentally able to carry out a teaching role safely and satisfactorily.
Jeremy Wilkinson is an Open Justice reporter based in Manawatū, covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.
* This story originally appeared in the New Zealand Herald.
– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
