Inappropriate teacher behaviour

From time to time, teachers hit the headlines for supplying alcohol to students, accessing pornography or forming inappropriate relationships with students. Between 2000 and 2003, 58 teachers were deregistered for this and other forms of inappropriate behaviour.

The number involved is comparatively small - there are approximately 80,000 teachers in New Zealand.

If you complain about a teacher, the principal (and board of trustees, if you complain to them) has an obligation to investigate.

Minor matters

These will usually be dealt with by the principal and may require little more than an informal chat. The teacher may undergo a period of supervision or retraining.

"Principals have very broad discretion as to how they manage allegations of teacher misconduct, especially in the early stages," says Clair Trainor of YouthLaw, in Auckland.

Serious misconduct

Once the details of a serious complaint have been assessed, the board will interview the teacher and give them a chance to put their side of the story.

The circumstances of each case will determine the appropriate course. The board can decide to: dismiss the complaint, censure the teacher, impose additional training or dismiss the teacher. If there is a suggestion of criminal behaviour, the matter may be handed over to the police.

Mandatory reporting

The Education Act 1989 contains a mandatory reporting regime that requires a board to report in writing to the Teachers Council, about teachers who have resigned or have been dismissed in circumstances related to their competence or behaviour.

Under the Education Standards Act 2001 schools that do not comply with the notification requirements will be liable to a fine of up to $5000. The Act also obliges the courts to report convictions of teachers punishable by imprisonment of three months or more, to the New Zealand Teachers Council, within seven days of the conviction.

Our advice

• Try to form a clear idea of what the problem is and what you think should happen, before you contact the school.
• If an event concerns you, make notes about it - even if you don't intend to lay a complaint. You may change your mind later, and will probably need the notes to help remember what happened.
• Make your complaint as soon as possible after the event. If there is a delay, explain in your letter why this has occurred - for example, you may have only just found out about it, or your child may have been frightened of the repercussions if you complained.
• Keep copies of all correspondence. If you write to the principal, send a copy to the board of trustees as well.
• Often, it's best to raise a matter directly with the teacher in question. But if you think this is inappropriate, take your concern to the principal. If the matter cannot (or should not) be dealt with informally, you will need to put your complaint in writing to the principal. If the complaint is about the principal, it should be in writing to the chairperson of the board of trustees.
• If there is no satisfactory outcome from a school investigation, or there is a valid reason not to go to the school in the first instance, take your complaint directly to the New Zealand Teachers Council.