Intermediate Mr Keith LEES 5 0 0 ?gfgr-Zggas'a' Rd, Gisborne New 2am . 06 2246 . 06 867 0540 0 Box 5325 admin@gisint.co.nz I Wellington, 6145 5th May 2015 Dear Sir, Re: Support for Name Suppression - Samual Nicholas BACK The Gisborne Intermediate Board of Trustees (The Board) has met to discuss the prospect of supporting Mr BACK in his application for name suppression in respect of the charges laid by The New Zealand Teachers Council. Mr BACK is an employee of Gisborne Intermediate School and The Board supports suppression of details that would identify Mr BACK or Gisborne Intermediate School. The Board's reasoning is provided below. The facts surrounding the charges The Board acknowledges the self in?icted death of a child who was a former student of Gisborne Intermediatie School, forms part of the facts surrounding the charges against Mr Back, significantly in?uences its views in relation to this matter. This fact of the child's death alone means that any publication of details that identify Mr BACK or Gisborne Intermediate School could lead to unfair assumptions being made about; 1. The dead student?s family; 2. Gisborne Intermediate School and the wider school community; and 3. Mr BACK, his family and his friends. Any unfair assumptions that arise due to the Disciplinary Tribunal publishing details that identify Mr BACK or Gisborne Intermediate School could lead to irreparable and unfair damage being done to any or all of the parties listed above. Impact on the dead student's family It is further submitted that if name suppression is not maintained, it may have negative impact on the family of the student.The Board is personally not aware of their stance on this matter and is not about to presume that there is a view held either way by the family of the student, however, it is submitted that without further investigation, details of Mr identity with regard to the Tribunal Hearing, should not be released. Regardless of the views of the student's family, The Board would continue to support the name suppression of Mr BACK. Impact on Gisborne Intermediate School and the wider school community It is submitted by the Board that if Mr BACK's name was not suppressed, this would have an unreasonably negative and potentially irreparable impact on the school and the school community which is inclusive of all the current students, past students and the families of students who he has taught and coached over many years teaching at Gisborne Intermediate School. The release of details may create negative impact on friends and ex collegial students of the student at the heart of this matter. Since the time of the students' passing, there has been community wide concern for other students who were contemplating and documenting their views on suicide in relation to the death of the student at the heart of this matter. It would be of significant concern if this matter were again put in the minds of our children by the release of details and it caused renewed thinking of self harm, when the community has worked very hard to prevent further tragedies of this nature. It is submitted that even a perception that Mr BACK had anything to do with the death of the student, would have a massive negative impact on Gisbome Intermediate School, staff, students, families of staff and students, the wider school community and the community at large. Impact on Mr BACK, his family and his friends An unfounded perception of a causal link between Mr BACK and the death of the student would also have a significant negative impact on Mr BACK himself whom I believe has intentions to return to teaching subject to The Tribunal's findings. A perception of this magnitude would cause signi?cant stress to Mr BACK. his partner, his family, his friends and his work colleagues. Undermining of the statutory of other Government Agencies It is further submitted that the student at the heart of this matter has died and to my knowledge, The Coroners findings or report has not been released. The premature identi?cation of Mr BACK facing charges to be considered by the Disciplinary Tribunal of the New Zealand Teachers Council may therefore prejudice and undermine the statutory functions and prerogatives of the Coroner. While there is a link between Mr BACK and the student, with regards to alleged inappropriate conduct, it is submitted that there is not a causal link between Mr BACK and the actual death of the student. It is feared that a premature identi?cation or any identification of Mr BACK with regard to the Tribunal proceedings may create a perception that he in fact caused the death of the student. Criminal charges have not been laid in respect to the death of the student. nor have any criminal charges been laid in respect of any alleged inappropriate behaviour by Mr BACK towards the student. Identification of Mr BACK or Gisbome Intermediate may prejudice the ability of the Crown to prosecute any future criminal charges that may be laid against Mr Back or any other party in relation to the death of the student. The presumption of innocence Although The Board found that MR BACK's conduct was inappropriate and amounted to serious misconduct, resulting in formal noti?cation to The Teachers Council, The Board found that the alleged serious misconduct was in respect of only one student and there was no evidence of any risk to any other students. In respect of this, Mr BACK was permitted to continue teaching within the school. (without incident) up to the time that he was asked by The Teachers Council to voluntarily refrain from teaching within the school. Mr BACK complied with this request. It was the Board's intention that Mr BACK would return to teaching, which he initially did, before voluntaring to stand down and his position at the school still exists for him to return to the school to teach again, subject to the result of the Tribunal Hearing. it is submitted that Mr BACK is entitled to a presumption of innocence until all the evidence is heard, the matter is considered and a ?nal decision is made. It seems unlikely to the Board that Mr BACK's right to this presumption of innocence could be fairly protected within the wider community if Mr BACK's name is published in relation to the particular facts of this case. Summary For all the reasons detailed above the Board submits that the balance of convenience clearly favours that any details that would identify Mr BACK or Gisbome Intermediate School are suppressed both in the interim (prior to the Disciplinary Tribunal hearing) and indefiniter (beyond the Disciplinary Tribunal hearing). Further DetaillNeed for an af?davit If you require any further detail about the Board's reasoning or would like to discuss this matter in any more detail then please contact me at theo.akroyd@police.govt.nz. Furthermore if you require the contents of this letter affirmed in an af?davit please let me know and I will do this for you on the Board?s behalf. Yours sincerely Theo AKROYD Chairperson Gisborne Intermediate School Board of Trustees