While the tribunal heard the matter last year, it publicly released its decision today.
That decision censured Clark for her aggressive behaviour, which occurred after she said she was forced to switch from teaching older pupils to new entrants, something she did not want to do.
She told the tribunal that the class was challenging, as pupils would “swear, hit and kick, as well as use gang terms in relation to each other”.
She admitted she did not feel as if she had ownership of the class, and she began to suffer anxiety as a result.
The three incidents
The decision noted that, in the first incident, Clark stood over and scolded a 5-year-old with a disability after he hit a teacher aide.
Clark and the teacher aide repeatedly told the boy to apologise for 10 minutes.
Another teacher also joined in and began yelling at the boy.
The incident was reported to the principal, who told both teachers that, if anything like it happened again, they would receive a formal warning.
In the second incident, Clark “grabbed and yanked” a 5-year-old girl by the upper arm, the decision said.
Justine Clark was before the Teachers Disciplinary Tribunal for her conduct. Photo / David Clarkson
The grabbing was firm and forceful, but not hard enough to leave a bruise. Clark then forcefully put the girl in a chair while yelling.
The teacher aide told the tribunal that Clark had “totally lost her rag” as the girl was crying and screaming.
The third incident was similar, with a teacher aide seeing Clark grab a 5-year-old by his upper arm and forcefully push him down into a chair.
Clark then said to the teacher aide words to the effect of, “Do you see what I have to deal with?” The boy was left in tears.
A teacher told the principal of concerns about Clark, and in October 2020, she was placed on discretionary leave with pay while the incidents were investigated.
Clark then resigned, and a mandatory report was filed with the Teaching Council.
The school has been approached for comment.
Children were ‘complex’, tribunal heard
According to the decision, Clark complained that she had been allocated to a new entrants class, although she did not think she was the right person for it, and was aware that there were “significant challenges” in the class.
She referred to children hitting, kicking and using “gang signs” with each other.
There were several children in the new entrants class with complex needs.
Clark told the tribunal she was unable to build relationships with the pupils. They did not respond well to small group teaching, and often threw things.
She claimed she was having regular panic attacks on the way to school and was worried about “what I would get yelled at for doing today”.
She was aware that her actions were wrong, and she had never acted that way before or since.
She said it did not reflect her values or ability, and she deeply regretted any lasting effect her behaviour may have had on the children.
She accepted that her use of force was “unjustified and unreasonable” and that her “aggressive behaviour towards all three children” put into question her fitness to teach.
She was particularly ashamed of the first incident, saying the “aggressive and persistent haranguing he received would have been particularly distressing for him. It would have been frightening and nonsensical”.
Tribunal chairwoman Jamie O’Sullivan said the conduct harmed the children involved.
“There are three separate incidents of poor treatment of very young children, over a period of approximately four months.
“The use of gang signs by 5-year-old children may well suggest difficult home lives. But none of that appears relevant to the current conduct.”
She said Clark failed to have appropriate teaching practice and self-regulation.
“No special behavioural plan is needed to approach children with calm and respect.”
O’Sullivan said the tribunal was not satisfied that Clark would conduct herself in accordance with the required standards if she were met with another period of stress or a challenging class.
Clark was therefore censured. The register was annotated for one year, and she had to follow conditions if she were to return to teaching, including providing potential employers with a copy of the decision for a period.
Brianna McIlraith is a Queenstown-based reporter for Open Justice, mainly covering courts in the lower South Island. She has been a journalist since 2018 and has had a strong interest in business and financial journalism.