Teacher opts to retire after court decision

A teacher of 40 years is retiring after the Court of Appeal declined to hear his argument against a charge of serious misconduct laid after he removed a headphone from a student listening to music in his class.

Greg Robinson, 72, was working as a relief maths teacher at Mt Maunganui College on October 16, 2019, when two male year-10 students were listening to music on a phone. The students were sharing a pair of headphones of the ear bud variety.

One of the students was bumping and drumming on a table and declined to stop at Robinson’s request.

Robinson tried, unsuccessfully, to take the phone away. So he instead removed the ear bud headphone from the student’s ear. That led to the headphone to break. The student stood up and had a verbal altercation with Robinson, who then left the class to get another teacher.

The college principal made a mandatory report to the Teaching Council.

An investigator reported to the council’s complaints assessment committee, which charged Robinson with removing and breaking the student’s headphone and/or failing to appropriately de-escalate the situation after the incident.

The Teachers Disciplinary Tribunal found Robinson had engaged in serious misconduct by removing the headphones unexpectedly and recklessly. It said his actions were likely to adversely impact the student’s wellbeing, that his actions could bring the teaching profession into disrepute and that it was an unreasonable and unjustified use of force.

Robinson was censured and had conditions imposed on his employment for two years. An allegation that Robinson had hit the student, made by someone else in the classroom, was thrown out.

Robinson appealed the tribunal’s decision to the District Court, which upheld the decision.

He then applied to the Appeal Court for leave to appeal the decision. The Appeal Court this month declined the application, rejecting all of Robinson’s grounds for appeal.

Yesterday, Robinson said the saga had been ‘‘farcical’’, had cost him $55,000 so far, ‘‘and could cost another $20,000 yet’’.

He conceded it had been an ‘‘ill-conceived attempt’’ to take the phone off the student and said he’d have happily paid for new earphones.