Teacher cites ‘double jeopardy’ rule
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.