Teacher’s registration cancelled after drug use leads to finding of serious misconduct…

The Teachers Disciplinary Tribunal has recently cancelled a teacher’s registration after drug paraphernalia belonging to her were found in a staff bathroom on school grounds.

Students and coworkers of the teacher noticed that her behaviour began to change after the first COVID-19 lockdown. The teacher had become erratic, disorganised and forgetful. She was also seen frequently using the bathroom, with the excuse of an “upset stomach”.

In late 2020, a glasses case with drug paraphernalia was found in the staff bathroom. The bathroom was used by staff and special needs students.

An investigation was launched by police. The teacher refused to undertake a drug test, but was later charged with serious misconduct.

The Tribunal had to determine first, whether the teacher had brought drug paraphernalia onto the school grounds, and then whether she had used drugs on school grounds. The Tribunal also had to decide whether these acts, if made out, amounted to serious misconduct.

Substantial evidence was given to the Tribunal in terms of the drug paraphernalia and drug use. A glasses case belonging to the teacher had been seen by a teacher aide with similar contents earlier in the year. The teacher also admitted to being a drug user.

The teacher denied that the contents of the glasses case were owned by her, but said she had brought it to school to give back to a friend. The teacher also refused to undertake a drug test when requested to by the police.

This evidence led the Tribunal to conclude that the teacher had taken drugs on the school grounds on multiple occasions, definitely at least on one occasion.

The Tribunal then had to determine whether the teacher’s actions amounted to serious misconduct. Serious misconduct will occur when a teacher’s conduct:

a.???? Adversely affects, or is likely to adversely affect, the well-being or learning of one or more children; and/or

b.???? Adversely reflects the teacher’s fitness to be a teacher; and/or

c.???? May bring the teaching profession into disrepute.

It was not clear whether the teacher’s drug use had adversely affected the well-being of any children. However, it had certainly affected her ability to teach students, and would certainly have negatively impacted any student had they come across the glasses case.

The Tribunal decided that the teacher’s conduct “completely destroyed” the teacher’s fitness to be a teacher. Further, any reasonable member of the public would consider that her actions had brought the teaching profession into disrepute.

The Tribunal concluded that the teacher’s conduct amounted to serious misconduct, on the most serious end of the scale. The teacher’s registration was cancelled by the Tribunal, and she was ordered to pay over $6,000 in costs.