Waikato Times

Teacher cites ‘double jeopardy’ rule

- Lee Kenny

A teacher who allegedly had sex with a female student on an overseas trip in 1995 has had a charge of serious misconduct stopped after arguing ‘‘double jeopardy’’.

Alvin Rolfe, now 71, worked at Morrinsvil­le College in Waikato in the mid-1990s when he allegedly had sex with the seventh form (year 13) student.

He later worked at Hamilton Boys’ High School and Christchur­ch’s Hagley Community College. He has not retired but does not currently work as a teacher.

The charge was laid in November 2021 by a Complaints Assessment Committee (CAC) appointed by the Teaching Council of New Zealand, but Rolfe’s representa­tive successful­ly applied to stay the charge after arguing the matter had already been investigat­ed and dropped in 1997.

The complainan­t – known as Ms A – said in 1995 Rolfe would rub her shoulders when she used a small study room during her free periods.

That year, Rolfe accompanie­d students on a trip to a Pacific island, where Ms A alleged they had sex.

She notified Morrinsvil­le College in May 1996. By that stage she was no longer a student at the school.

Rolfe denied the allegation. An independen­t investigat­ion was launched in June 1996 and a hearing was scheduled but ‘‘delayed indefinite­ly’’.

Rolfe resigned from the college in November 1996 and took up a teaching position at Hamilton Boys’ in January 1997. The Registrati­on Board wrote to him in May 1997 saying it could not make a decision on cancelling his registrati­on from the informatio­n it had, so ‘‘will not be taking any further action at this time’’.

In August 2003, Rolfe became a teacher at Hagley Community College. In August 2004, the Teaching Council – which had taken responsibi­lity for teacher registrati­on – wrote to him saying it ‘‘will not be investigat­ing the issues on your file in the future’’.

The allegation­s resurfaced in July 2020 when Ms A made a complaint to the Teaching Council.

The New Zealand Teachers Disciplina­ry Tribunal heard of alleged inappropri­ate interactio­ns with three students at varying times between December 1993 and December 1996.

A further claim was made that he attempted to influence Morrinsvil­le College’s investigat­ion into his conduct. A tribunal hearing was held by video link on March 24, 2022. The tribunal’s decision was made on May 17 and published on November 14.

Rolfe’s representa­tive said the 24-year delay between the initial complaint in 1996 and the renewed investigat­ion in 2020 was ‘‘unreasonab­le’’.

It was also stated that three witnesses had since died and another had dementia. The CAC claimed the delay had ‘‘not caused any prejudice’’ and that Morrinsvil­le College’s investigat­ion file had been preserved.

Rolfe’s representa­tive said the renewal of the investigat­ion after the Teaching Council’s 2004 letter ‘‘amounted to double jeopardy and an abuse of process’’.

The CAC said section 26 (2) of the New Zealand Bill of Rights Act (NZBORA) 1990, which covers retroactiv­e penalties and double jeopardy, did not apply to disciplina­ry proceeding­s.

‘‘(It) has no applicatio­n here because Mr Rolfe has never been charged, nor was he acquitted.’’ It also argued the 2004 letter was ‘‘not an acquittal’’.

The tribunal acknowledg­ed a disciplina­ry charge was not an ‘‘offence’’, so there may be no breach of the applicant’s rights under section 26 of the NZBORA.

It also accepted the applicant had not been ‘‘acquitted’’ in the usual sense of the word.

 ?? ??
 ?? ?? The tribunal found Morrinsvil­le College ‘‘acted
responsibl­y and appropriat­ely’’ at the time of
the complaint.
The tribunal found Morrinsvil­le College ‘‘acted responsibl­y and appropriat­ely’’ at the time of the complaint.

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