'Even serious misconduct does not automatically require dismissal,' official says
A former representative rugby player who was dismissed from his teaching role over allegations of misconduct during an U15 rugby trip has been reinstated by a Ministry of Education-appointed commissioner, according to reports.
Brad Totorewa, the commissioner overseeing Onewhero Area School, announced on Monday that the teacher would return to work, the New Zealand Herald reported.
"The teacher … will be returning on Monday," Totorewa stated in his letter to the school community, as quoted by the news outlet.
His decision followed a review of the incident, which involved alleged misconduct during a trip with Tuakau College's U15 rugby team in April and has remained confidential for legal reasons.
While Totorewa acknowledged that the teacher's actions may have constituted misconduct, he emphasised that "even serious misconduct does not automatically require dismissal, as other options may be more appropriate."
The teacher had admitted to failing to fully adhere to Education Outside the Classroom procedures, but Totorewa pointed out that the incident did not involve serious issues such as sexual misconduct, violence, theft, or abuse.
"The feedback from our interviews underscored [the teacher's] positive standing within the community and his consistent performance since the incident," Totorewa told the New Zealand Herald.
He also noted that the teacher had continued to oversee EOTC activities without issue since the event.
The teacher's reinstatement has sparked backlash from the former board members who voted for his dismissal.
Amie Morgan, the former presiding member, expressed dissatisfaction with the decision and called for accountability.
"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," Morgan wrote in a letter to Education Minister Erica Stanford, Act Party leader David Seymour, and Port Waikato MP Andrew Bayly.
Morgan sent documents to the MPs, including an independent legal report and student statements, to support her concerns. She criticised Totorewa's review process, stating that he had not consulted with the former board before making his decision.
"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," Morgan added.
Totorewa defended his approach, saying that he had reviewed all necessary documents and consulted a range of community members, mana whenua, kaumātua, and teachers from neighbouring schools.
He also emphasised that the teacher's return was contingent upon professional development and mentoring to improve his adherence to school standards.
Conditions "aimed at enhancing his professional practice" would also ensure that the teacher met the school's requirements going forward, he added.
