Test Case Highlights Importance of Mandatory Reporting for Schools

A decision by the Education Council’s Disciplinary Tribunal shows how critical it is for boards of trustees and principals to report concerns about teachers to the Council.

The Education Council’s manager teacher practice, Andrew Greig, says the decision was a test case and a very important one for principals and boards of trustees to be familiar with.

The Disciplinary Tribunal censured former Hawkes Bay primary principal Paul Anthony Bremer for failing to alert the authorities to allegations part- time music teacher Charles John Michael Harter molested young girls at a time when Mr Bremer was the principal of the school where Harter taught.

The Disciplinary Tribunal found Bremer was not responsible for the school’s Board of Trustee’s failure to make a mandatory report, or for the actions of the Board in reaching a confidential employment agreement with Harter.

The Tribunal found it was wrong for the Board to have allowed itself to enter into an agreement with Harter on terms that as a result prevented it from communicating openly and honestly with the school community.

It found the failure on behalf of the Board to make a mandatory report was a clear breach of its statutory obligations under the Education Act 1989.

Mr Greig says this is the first time the Education Council has brought a case against a registered teacher for failing to report concerns of serious misconduct.

"The safety of students in schools is of primary importance. The Disciplinary Tribunal acknowledged this by stating Mr Bremer failed in his duty as an educator to protect the safety of students in the school and, consequently, the wider community.

"It found Mr Bremer’s inaction reflected adversely on his fitness to be teacher and brought discredit to the profession."

"Principals and boards of trustees must ensure they have explicit and transparent processes for submitting mandatory reports and clarity around responsibilities - as was indicated in the body of the ruling.

"We are working closely with principals and professional leaders to help them understand their responsibilities in this area. We urge them to read this decision thoroughly."

Harter was sentenced in August 2014 to three years and four months for sexual offending against nine female pupils.

His registration has been cancelled.

ENDS

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