Teacher struck off for 'creepy' gift-giving, inappropriate touching

An empty classroom (file image).

A Whanganui teacher who anonymously left gifts for a student, touched another girl's thigh multiple times, and used a school-issued laptop to access sexualised material has been struck off.

Rupert de Smidt's "creepy" behaviour was detailed in a recently released decision by the Teacher's Disciplinary Tribunal, which found him guilty of serious misconduct.

At the time of his misconduct, De Smidt was working as a maths teacher at Whanganui Girls’ College. He taught a range of year levels and held several pastoral responsibilities, including as a house leader.

Over two years, de Smidt anonymously left several gifts, including jewellery and a Valentine's Day card, for one of his students.

He left them in places connected to the student's daily life, such as her school bag, a teacher's desk, her car, and her home letterbox.

Initially thinking they were from another student, the anonymous and personal nature of the gifts caused the student "increasing discomfort".

De Smidt was eventually caught on CCTV placing jewellery on the student's car.

She reported him to the school, saying she felt upset and described the behaviour as "creepy".

As the student's allegation was investigated, an examination of de Smidt's school-issued laptop revealed he had used it to search for and access sexualised and adult material, including during school hours.

"This included searches for women in bikinis, access to adult-themed and pornographic websites, and the storage of cached images of a sexualised nature," the Tribunal report said.

He also accessed the student's social media profile and school ball photos featuring her.

Touched student underneath her skirt

In a separate complaint, De Smidt was found to have placed his hand on another student's thigh multiple times.

"At times his hand was positioned high up her leg and, on some occasions, underneath her skirt," the Tribunal's report said.

While the student treated the contact "casually", it made her uncomfortable, and she felt she could not challenge what he was doing.

She reported the touching to the school, but "no formal action was taken". She was even reassigned to one of his classes the following year - her parents asked for a change. She eventually reported him to the school again and received support.

Following the first student's complaint, de Smidt resigned and entered into a voluntary undertaking not to teach in New Zealand.

He accepted that his behaviour ammounted to serious misconduct. De Smdit argued the material he accessed on his laptop was "less severe than in cases involving nudity, sexual activity, or exposure of students" but acknowledged it aggravated the seriousness of his conduct towards students.

'Repeated intrusions'

Tribunal chair Jamie O'Sullivan described the anonymous gift giving as "covert, personal, and intrusive".

"It involved repeated intrusions into her personal space, including her school bag, her car, and, significantly, her home. The persistence, secrecy, and personal nature of the conduct shared features commonly associated with grooming or stalking conduct."

O'Sullivan said looking at the student's social media and ball photos was "particularly concerning".

"Such material is closely connected to a student’s identity and school life and has no legitimate professional purpose.

"When viewed alongside the contemporaneous accessing of sexualised online content, this conduct represents a significant erosion of professional judgment and a serious blurring of personal and professional boundaries."

De Smidt's touching meanwhile was described as "intimate, deliberate, and wholly inappropriate".

The Tribunal recognised the "courage" shown by the two students involved.

"Reporting inappropriate behaviour by a teacher involves a significant emotional burden for students, particularly where the conduct occurs within an ongoing classroom relationship marked by a clear imbalance of power and authority."

De Smidt was struck from the teacher's register, censured, and ordered to pay over $3000 in costs.

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