Drinking alcohol at work: Teacher censured for serious misconduct

'More thorough conditions are required to ensure that all has been done to minimise the risk of such events occurring again,' says tribunal

Drinking alcohol at work: Teacher censured for serious misconduct

An early childhood teacher has been censured for serious misconduct due to alcohol consumption while at work.

The New Zealand Teachers Disciplinary Tribunal said the teacher's behaviour was "likely to adversely affect students" and bring the profession into "disrepute."

"Any teacher who consumes alcohol and is under the influence whilst teaching – especially in an early childhood setting – is likely to have a finding of serious misconduct made against them. Such a finding is appropriate here," the tribunal said in its decision.

Drinking alcohol at work

The teacher was discovered drinking alcohol in January 2022, when she purchased a 1.25 bottle of "Nitro" vodka and guarana drink during her lunch break.

She poured the drink into a Gatorade bottle before returning to work and pretended that it was a "new sugar-free flavour" of Gatorade when asked about it.

She was seen consuming the alcohol at several points throughout her shift, including when she was supervising children playing outside, as well as before and during a staff meeting on the same day.

According to the statement of agreed facts, the teacher was observed as "happier" and "chattier" than normal while under the influence of alcohol and was "very over the top" from her normal self at the staff meeting.

Another person realised she was drunk towards the end of the staff meeting and tipped the remaining alcohol down the drain.

She attempted to drive home after the meeting but struggled to walk straight and open the gate. Another teacher called an Uber to take her home.

The teacher attributed her drinking to the anniversary of her partner's death. She mentioned in a later meeting with the centre that she had an anxiety attack earlier and bought the drink, hoping it would help her calm down if another attack occurred.

She acknowledged that she was "disruptive and visible intoxicated" during the workplace meeting and accepted that she should have taken the day off. She also apologised to the centre's management and accepted that she should have sought support.

Serious misconduct committed

In its decision, the tribunal said the teacher's behaviour met the criteria for serious misconduct under the Teaching Council Rules 2016.

It considered cancelling her registration as punishment, as the teacher had two previous drink driving convictions in 2018 and 2020.

However, it noted that the teacher had started weekly counselling with an alcohol and other drug counsellor in the same month of the workplace incident. She also started taking Antabuse to help manage her alcohol use.

"Taking all information into account, we consider that we can step back from cancellation," the tribunal said. "However, we consider that more thorough conditions are required to ensure that all has been done to minimise the risk of such events occurring again, particularly as they have now in this instance transgressed into the classroom."

In addition to getting censured, the teacher was also ordered to provide six-monthly updates to the Manager of Professional Responsibility for a period of 12 months regarding her rehabilitation from and relationship with alcohol, as well as her mental health.

"If there are any future issues, whilst a matter to be decided if and when that occurs, the respondent may likely find that the Tribunal takes a less optimistic view and cancels the respondent's registration. The Tribunal hopes that that day does not come," tribunal said.

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