The Teachers Disciplinary Tribunal has recently found a school principal guilty of serious misconduct after it was revealed she was under the influence of alcohol on school grounds. 

The teacher was alleged to have been drinking and under the influence of alcohol on school grounds on multiple occasions. The teacher had also been disqualified from driving after she was found to have an excess blood alcohol level, and she was later convicted for driving while disqualified.

The teacher failed to properly disclose these convictions as required by law. 

The teacher had the role of principal when these allegations were made. Following these allegations, the teacher resigned as principal of the school.

The Complaints Assessment Committee charged the teacher with serious misconduct. The Tribunal had to consider whether that charge was made out. 

Serious misconduct in the teaching profession is defined as conduct which:

  1. Adversely affects, or is likely to adversely affect, the well-being or learning of one or more students; or 
  2. Reflects adversely on the teacher’s fitness to practise; or 
  3. Brings the teaching profession into disrepute; and 
  4. Meets the Teaching Council’s threshold for serious misconduct. 

The Tribunal considered that the teacher had consumed alcohol on school grounds on multiple occasions, to the point that others could smell alcohol on her breath. The teacher had also been under the influence of alcohol at school-related events, such as a meeting for teachers in the district.

The teacher had also attended work events slurring her words and unsteady on her feet, indicating that she had consumed a large amount of alcohol. 

The Tribunal also considered the fact that the teacher had been disqualified from driving due to an excess blood alcohol level and was later convicted for driving while disqualified. The teacher failed to disclose either of these convictions to the Teaching Council, which is required by law. 

The teacher’s explanation for her failure to disclose was that she was not aware of her reporting obligations. The Tribunal did not accept this as a sufficient explanation. 

The Tribunal determined that the teacher’s conduct amounted to serious misconduct. Being under the influence of alcohol while at school was clearly conduct that could adversely affect students’ learning, reflected poorly on the teacher’s fitness to practise, and could bring the teaching profession into disrepute. 

The Tribunal censured the teacher and imposed conditions on her teaching certificate. The teacher will be required to provide a report from her doctor, counsellor, or health practitioner stating that she is fit to return to teaching before she can be re-employed as a teacher. 

She will also need to provide evidence she is abstaining from alcohol and has a relapse prevention plan.

The teacher will also be required to provide the Tribunal’s decision to any future or prospective employer she has in the next two years. The teaching register will also indicate that the teacher has these conditions on her teaching certificate. 

This case is an important reminder of the obligations of a teacher. If you are confused about your obligations, it pays to seek advice from a professional with experience in the area. 

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.