An early childhood relief teacher, who kissed a three-year-old student on the lips, has been struck off.
Ankui (Ian) Gui's behaviour has been detailed in a recently released decision from the Teachers' Disciplinary Tribunal. It found that while there was "no sexual or indecent motivation", his behaviour amounted to serious misconduct.
Gui had been employed as a relief teacher by Jitbug ECE Recruitment Agency and worked at Auckland's New Shoots Hobsonville and Pascals Herne Bay in 2021.
On multiple occasions between April and May 2021, Gui engaged in what the tribunal described as "repeated" inappropriate physical contact, directed at multiple students.
He kissed a three-year-old on the lips "on at least two occasions", and kissed the hand of another four-year-old.
"At least one child felt uncomfortable enough to report the conduct to her parents, who then alerted staff," the tribunal detailed.
Other teachers and parents "expressed discomfort" about his behaviour, with some staff feeling compelled to intervene or report the incidents.
Gui was warned about his conduct, but continued to act similarly at another daycare.
The tribunal found Gui's conduct "adversely affected the well-being of learners" and his ability to teach. It also found it would likely bring the profession into disrepute.
It said he demonstrated a "fundamental lack of understanding of appropriate professional boundaries and an inability or unwillingness to change his behaviour".
"Mr Gui’s conduct was not isolated or accidental but demonstrated a concerning pattern of inappropriate physical contact with multiple children across two early childhood centres.
"The conduct was overly intimate and crossed professional boundaries, especially for a relief teacher who had not established long-term relationships with the children."
It said the children's well-being was likely harmed as they were being placed in situations where "their bodily autonomy and boundaries were not respected".
As a result, Gui had his registration cancelled, and he was censured.
Gui applied for name suppression, saying publicity would cause "embarrassment and loss of face among friends in New Zealand".
This was denied due to a lack of evidence of any significant effects.
"The impact on Mr Gui is a natural consequence of his conduct and the disciplinary process," the Tribunal said.
"The public interest in transparency and accountability for professional misconduct outweighs any private interests advanced by Mr Gui."
'Not intended to be harmful or sexually improper'
In his response to the tribunal, Gui accepted aspects of his conduct, but said his actions were "not intended to be harmful or sexually improper".
He said physical affection was viewed differently in his culture and "expressed regret for not appreciating New Zealand’s professional boundaries sooner".
Gui said that language barriers affected his understanding of colleagues' feedback.
He also denied certain allegations, questioned the credibility of witnesses, and noted inconsistencies in the evidence.
Gui said he had learned "an important lesson about appropriate boundaries in early childhood education" and did not intend to return to teaching in New Zealand.
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