Teacher struck off after refusing to use student's pronouns

A teacher has had their registration cancelled after refusing to use a transgender student's preferred name and pronouns.

Details of the incident were revealed in a Teachers Disciplinary Tribunal decision published today.

The Tribunal summary of facts shows the teacher taught maths at the school between 2019 and 2021.

The student was in the teacher's year 10 maths class when the incident occurred.

"[The teacher] refused to call the student by his preferred name and pronouns," the summary of facts reads.

"Instead, he continued to call the student by his previous (female) name and pronouns. In or around February 2021, [the teacher] had a meeting with the student during a morning tea break and stated that transitioning was against his religion."

At this meeting, the student suggested a compromise: that the teacher use his preferred name, but could use the pronouns she/her.

"[The teacher] refused to agree to this and said that 'he didn't want [the student] to go down the path of sin' or words to that effect," the summary of facts said.

"[The teacher] met with [the principal] of the School twice in March 2021 and confirmed his refusal to use the student's preferred name and pronouns... because of his religious beliefs."

On a complaint by the student, the teacher resigned, and a mandatory report to the Teaching Council occurred.

The Council's Complaints Assessment Authority referred the issue to the Tribunal.

The teacher's submissions to the Tribunal denied the charge of serious misconduct under the Education and Training Act 2020 or the Teaching Council Rules 2016.

The decision released today said: "The submissions of [the teacher] cause significant concern to this Tribunal."

The teacher's submissions read: "I have been accused of serious misconduct and deny this charge.

"On the contrary, I believe I would be guilty of serious misconduct and child abuse if I was to call the girl... in my year 10 class by a boy's name as I was compelled to do."

The teacher's lengthy submissions went on to quote the Bible, and make a number of other references to religion.

He also pointed out the conditions required in New Zealand for a person to legally change their name.

"Compelling me to call a girl student by a boy's name is asking me to go against my core Christian belief, the belief that is also foundational for New Zealand," the teacher's submissions read.

"As a specialist Tribunal we have no hesitation in coming to the view that the conduct that has occurred is serious misconduct," the Tribunal decision read. "We find that all limbs of the test are met."

The Education and Training Act 2020 (the Act) defines "serious misconduct" as conduct by a teacher that either:

The Tribunal decision also pushed back on a number of claims in the teacher's submissions.

"The balance of the arguments put forward by [the teacher] are deeply anchored in his ingrained belief in Christianity," it read.

"The arguments referencing the risk of homosexuality and abortion may well be welcome and normal within the context of [his] private life and views. However they are disgraceful when used in the present context.

"The balance of [the teacher's] arguments are borne from unrealistic hysteria and we need not go into them further."

The outcome of the charge concluded with "the firm view that [the teacher] is not fit to be a teacher".

The Tribunal said they were not seeking to "punish" the teacher.

"He is entitled to his views and religious beliefs," the Tribunal said. "What we must do is consider whether he has insight and rehabilitative prospects that we could address. The only answer to that is no."

The teacher's registration was cancelled as it was deemed he would "quite likely" repeat similar conduct again in similar circumstances.

The Teaching Council addressed the Tribunal decision in a statement today.

"All students are entitled to feel that schools are a safe space, where they are respected and valued," the Council said twice.

The Tribunal is independent of the Council.

"It is not OK for a teacher to use their authority to undermine the personal identity of their learners," the Council added.