The incidents, which occurred between 2012 and 2018, were investigated and, in a recently released Teachers Disciplinary Tribunal decision, tribunal deputy chair Ian Murray censured Neal and ordered him to pay $15,000 in costs.
It was found that Neal had committed serious misconduct for showing a student a photograph of his bare chest after surgery.
He could only be censured because he deregistered in 2022. If he had still been a teacher, he would have been suspended, Murray wrote.
Student left ‘uncomfortable’
The decision said the former Wellington teacher had explained to the class that he’d had surgery and he had a photograph of the injury.
He said he wouldn’t show it to the class because it was “too gruesome”.
However, afterwards, he approached a student and asked her to look at something on his computer, where he showed her the shirtless photo.
She told the tribunal it made her feel “uncomfortable”.
Neal denied calling her over specifically to show her the photo. Instead, he alleged she had bumped his injured shoulder, causing him significant pain, so he showed her the image to illustrate why he was hurting.
The Teachers Disciplinary Tribunal has censured Derek Neal. Photo / Pixabay
“Showing the photograph in that context, showing the bruising and the discolouration all the way down my shoulder, seems reasonable under the circumstances,” he told the tribunal.
The tribunal also found Neal had committed three further instances of misconduct involving female students.
Neal denied all the allegations, telling the tribunal the students were all wrong, mistaken, or not telling the truth, according to the decision.
He acknowledged the allegations came from different students who attended Onslow College at different times but was adamant he was telling the truth.
A fourth allegation was not upheld by the tribunal.
An ‘exemplary career’
Neal told the tribunal he began teaching in 1968 at an intermediate school and moved to teaching high school in 1979.
He described his teaching style as “good” and said, “It works. Students learned things and passed exams and enjoyed and were happy.”
Neal described what he considered an “exemplary career” and provided substantial material about the positive influence he had on students, according to the decision.
“We absolutely accept this evidence and acknowledge that there were students who very much benefited from being taught by the respondent,” Murray said in the decision.
“There is no doubt that he was an intelligent and articulate teacher who made a very positive difference in the lives of many students.”
“However, two things can be true at once and a caring, intelligent, articulate and skilful teacher can still say things and do things that are not appropriate for a teacher.
“Just because a teacher has done positive things does not mean that he cannot have behaved inappropriately.”
Onslow College principal Jono Wyeth said Neal last taught at the school in 2019.
“We recognise and acknowledge the young people who came forward, the impact this behaviour can have on them and their families, and the courage it takes to speak up.”
In 2021, Neal was censured by the tribunal for serious misconduct after he pinched a student’s bottom and said “nice bum”.
At the time, he said he was “ashamed” of his behaviour.
He blamed it on new medication he was taking and said his actions were completely out of character.
However, he also said the student had thrown herself at him and was acting “sexy” and “lovely”.
He kept his practising certificate as, at the time, the tribunal said the behaviour appeared to be a “one-off” and that no previous concerns had been raised during his almost three decades at the school.
Teaching Council chairman Patrick Walsh told NZME that former students reported further concerns to the school principal after the earlier disciplinary decision was published.
“If further concerns about Mr Neal’s conduct are raised, the Teaching Council will assess them in accordance with the relevant statutory process,” Walsh said.
“His current registration status does not prevent the council from considering concerns about conduct that occurred while he was a registered teacher.”
Brianna McIlraith is a Queenstown-based reporter for Open Justice 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.
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