A former Ōtūmoetai College teacher committed serious misconduct when he physically assaulted two students, slapping one across the face and pushing another over, the Teachers Disciplinary Tribunal has ruled.

Timothy John Cosson was granted medical retirement after a psychiatrist considered him “unfit for work” following an assessment and diagnosis, a tribunal decision says.

The decision says Timothy taught engineering, automotive engineering, woodcraft, and graphic design at the co-educational Tauranga secondary school. He had taught there since 2005.

The first incident happened during a Year 9 student school camp. Timothy was supervising a tramp and a student was “mucking around and being a nuisance”.

The student heard Timothy counting down from five to one.

When Timothy reached one, he “lunged” towards the student and pushed him with both hands on his chest and shoulder.

As the student fell his leg hit a tree stump, causing pain to his thigh.

The student was “shocked” by what had happened and limped for the rest of the tramp due to the pain.

Another student who observed the incident says it looked like Timothy “got angry and snapped”.

After the tramp, the injured student and two others told another staff member about what happened.

Behaviour deemed ‘out of character’

The school principal interviewed Timothy, who admitted he pushed the student “with some degree of force” and the student had fallen to the ground.

Timothy says he offered to carry the student due to his limping, but the student declined.

The principal and deputy principal met with Timothy and agreed Timothy's actions were wrong, he would have anger management counselling, and would engage in a restorative meeting with the student and parent if the student was willing.

The principal filed a mandatory report, noting the behaviour was “out of character” for the teacher.

Timothy John Cosson was teaching engineering, automotive engineering, woodcraft and graphic design at Ōtūmoetai College at the time of the incidents. Photo / Alex Cairns.

“A propensity to anger is not his normal classroom default! I believe that this is the result of a poor night’s sleep (he was on an overnight Year 9 camp) and was at the end of a three-hour tramp on the next day.”

Timothy told the Teaching Council’s triage committee his actions were “totally unacceptable”.

He apologised to the student and his parent, had a restorative meeting with them, and was doing an anger management course.

“I regret and am deeply saddened, and sorry for my actions. I have learned a great deal from both this experience and the counselling I am receiving.”

Teacher slaps student after disobeying him

In a second incident, Timothy was teaching a Year 9 class when he told a student to sit on the other side of the classroom.

The student disobeyed him and moved back to his initial seat.

Timothy asked the student what he was doing out of his seat and slapped him across the left side of his face, which was witnessed by other students.

The student told a staff member about the slap.

Later that day, the deputy principal received an email from Timothy in which he admitted he slapped the student in the face with “medium intensity” because the student had not followed his instruction to sit on the other side of the class.

The school did not complete its investigation into the incident due to a Covid lockdown and because it received information regarding Timothy’s medical issues.

The principal submitted a mandatory report to the Teaching Council regarding the incident.

Teacher deemed ‘unfit for work’

Timothy’s union representative advised the Complaints Assessment Committee investigator Timothy had been granted medical retirement and did not intend to return to teaching. The committee is an independent body run by teachers, for teachers.

The representative advised Timothy had recently undergone psychiatric assessment following changes in mood, increased anxiety and “deterioration in general functioning” in the past year.

A psychiatrist diagnosed Timothy with “adjustment disorder with mixed disturbance of emotions and conduct”.

The psychiatrist considered Timothy “unfit for work” and “unable to fulfil his duties as a teacher now and in the foreseeable future”.

After an initial hearing and investigation, the representative advised Timothy remained medically retired from teaching, did not intend to re-enter the profession and was willing to voluntarily deregister.

The committee charged Timothy with serious misconduct under Section 497 of the Education and Training Act 2020.

The tribunal, an independent body that determines outcomes for disciplinary matters brought against teachers, agreed serious misconduct had occurred.

It found the combination of two incidents “takes this case to the more serious end of physical assaults”, the decision says.

“Even with a concerted attempt at rehabilitation and expressions of remorse, it may have been difficult for Mr Cosson to resist cancellation.”

The committee submitted the cancellation of Timothy’s registration was appropriate, which Timothy did not contest.

Timothy sought a permanent order for non-publication.

The tribunal declined but ordered non-publication of the two students’ names and any other identifying details. The year of the misconduct also could not be published.

Ōtūmoetai College also sought a non-publication order, which was declined.

-Bay of Plenty Times