A teacher who punched a 13-year-old student in the face after he mocked his "paedophile" moustache has been censured by the Teaching Council's Disciplinary Tribunal.
A decision was originally released on the case in July last year, but it was withdrawn after additional information around name suppression was received, and the council has since released a final decision.
In the updated decision, the name of the student was suppressed, as was the name of the teacher and the school, as publication of that information could lead to the identification of the student.
On February 7 in 2018, the male teacher involved was playing in a community touch rugby game at a local domain, with the student and a friend sitting on the sideline watching.
As the teacher came off the field, the student mocked the teacher by making "a comment about the respondent having a moustache like a paedophile would," the tribunal said.
"The respondent approached the student and asked if he wanted a smack in the face.
"The student pointed to his cheek and said, 'Yes right here'.
"The respondent then punched the student once with a closed fist on his right cheek."
The teacher walked away, but then returned and told the student, "You're not laughing now", according to the ruling.
The tribunal noted that the two had been "play-fighting" earlier, and that the teacher had kicked the student in the bottom during that play fight.
The incident took place in a public place in front of other friends and members of the public, and a complaint was made to police.
The teacher was granted police diversion on May 8, and donated $500 to charity as part of that, as well as writing a letter of apology to the student "taking responsibility and expressing his regret".
The teacher was not able to give the letter to the student himself, or express his regret, as he had been told to stay away from the school, and the student declined to take part in restorative justice meetings.
The complaint was also referred to the Teaching Council's Complaints Assessment Committee, which brought it to the tribunal.
In his response to the complaint, the teacher said the student had also made similar comments earlier that day, and said he found the comment particularly offensive because he was a male teacher.
He said he had been undergoing counselling for anxiety and depression, and had also been prescribed medication for stress.
The council found that the teacher's conduct amounted to serious misconduct under section 378 of the Education Act.
"We are satisfied that the respondent’s physical and verbal reaction to the student's teasing reflects adversely on his fitness to be a teacher," the decision read.
"A teacher needs to be above such an emotive and knee-jerk reaction."
Tribunal chair Theo Baker wrote that "the respondent's behaviour was totally unacceptable and set a very poor example to the student, not to mention that it could have had some very serious physical consequences for the boy".
The teacher was censured and required to undertake an anger management or other appropriate course, and was also required to disclose the incident to his current employer and any future employer for two years after the date of conviction.
He also was ordered to pay tribunal costs totalling $3398.



















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