Auckland teacher struck off for putting hand up a colleague's skirt
After putting his hands up his colleague's skirt, and commenting on the size of her breasts, an Auckland teacher has had his registration cancelled.
However the New Zealand Teachers' Disciplinary Tribunal says if he re-applied for registration, he should be treated with positive consideration, but only if the Teachers' Council believed he was rehabilitated.
In 2012 Wayne Mackay was accused putting his hand up his colleague's skirt, and touching her genitals. The case was heard in November 2016 after Mackay delayed it through legal action.
A decision released by the New Zealand Teachers Disciplinary Tribunal on Monday shows it found in her favour. It outlined the evidence the woman gave, that before the incident Mackay had been "too forward" and had called her "damn sexy".
* Greytown teacher fired for repeated swearing at students faces Education Council
* Teacher brought before teachers' disciplinary tribunal for assaulting student
* Inappropriate conduct sees Auckland teacher deregistered
The teacher noted she did not feel she was being picked out in particular.
She outlined other instances in which she felt Mackay had acted inappropriately towards her. It came to a head on an evening in February when the pair was preparing for a parents' evening, and Mackey knelt near a laptop connected to a projector.
It was then that he put his hand up her skirt, and later on told her it would not be the last time he would try to do it. She told him he would not.
The victim said she was left feeling powerless and dirty. In a conversation later that night about staff T-shirts, Mackay asked what size her breasts were, and told her he would have to feel them.
The next day she complained to the school's principal. She also laid complaints with the police, and the PPTA. The police interviewed her, but decided not to prosecute.
The assault left the teacher devastated, and suffering from post-traumatic stress, she told the tribunal.
Mackay had a different version of events, saying the teacher was wearing a shirt and had flashed her underwear at him. She later grabbed his hand, and pulled it between her legs.
He said on the night of the incident she was wearing a inappropriately short skirt.
The tribunal saw the skirt during the hearing, and disagreed.
He later told his wife his version of events, and in March complained to the school that he had been sexually assaulted by the woman. He also accused her of making a malicious complaint.
The tribunal heard Mackay, who moved to New Zealand in 2001, had been charged with indecent assault of a student in South Africa, but acquitted of all charges.
Mackay was described during the hearing by other teachers as a passionate and committed teacher whom the students loved.
There were no concerns about his behaviour towards students, and witnesses said he was a talented teacher.
The tribunal found in favour of the woman, but Mackay continued to deny he had done anything wrong, and stuck to his statement that the woman was at fault.
Pakuranga College principal Michael Williams said the school was "extremely disappointed" in Mackay's behaviour.
"It was clear that this was an isolated incident and students were not involved or at risk."
Williams said it was "unfortunate" that the disciplinary process had taken so long.