ECT avoids being deregistered after drinking while working directly with children

An early childhood teacher in New Zealand has narrowly avoided having her registration cancelled after being found consuming vodka while working directly with children, disguising her drink as “a new flavour of sugar free Gatorade.” 

The case is an interesting one for the Australian early childhood education and care (ECEC) sector, with recent discussions on social media about the validity of drug and alcohol testing for early childhood services, and the right to privacy for ECEC employees when it comes to medical history. 

The NZ teacher was observed by her coworkers to be happier and ‘chattier’ than her normal demeanour, having left the service during her lunch break, purchasing a bottle of Nitro Vodka & Guarana, which has a seven per cent alcohol content, and pouring it into an empty Gatorade bottle.

Her coworkers observed her drinking from the bottle multiple times, including while directly supervising children. Once her shift was finished the woman drank more of the beverage in her car, before returning to the service for a staff meeting, where she was seen to be unsteady on her feet and was acting in an unusual way. 

“She appeared to be uncharacteristically happy and greeted other teachers in an overly friendly manner,” other staff members outlined during the investigation into the incident.

“During the staff meeting, she slurred her words and was unfocussed, disruptive, and confused. She was also fidgety and was swaying in her chair.”

Throughout the meeting the woman continued to drink from the Gatorade bottle until someone who was present at the meeting realised her unusual behaviour was a result of being intoxicated and poured the drink down the sink.

During a follow up meeting about the incident the ECT shared with management that she had been struggling emotionally on that day, as it was the anniversary of her partner’s death, and that she should have taken leave. 

In recounting the incident the woman told her management team that she had gone to her car during her lunch break, experienced symptoms of anxiety, and attempted to seek support from her personal network, but was unable to connect with anyone. 

She then made the decision to purchase the alcohol to prevent any further symptoms of anxiety. She did not believe that she was intoxicated while working with the children, but acknowledged that she was intoxicated during the staff meeting. 

Since the incident took place the woman has made changes to her lifestyle, sought mental health assistance, and is engaged with a support group for women with substance addiction. 

She has also begun taking Antabuse, which causes increased sensitivity to alcohol, to help manage her alcohol consumption.

In ruling on the incident a court in NZ found that there “can be no doubt that this meets all of the tests for serious misconduct,” ordering the woman to provide a copy of the court’s finding to any current and future employers, as well as the Manager of Professional Responsibility at the Teaching Council, and to provide six-monthly updates to the latter regarding her rehabilitation.

Further impacting the court’s decision was the fact that the woman had previously had two incidents of driving with excess breath alcohol, as recently as 18 months prior to the incident in her workplace. 

In making the decision regarding the woman’s registration, the court determined that censuring her for her conduct and imposing restrictions was a more appropriate disciplinary action than cancelling her registration. 

“We also note the further information we have received, including confirmation from her doctor … that she is not fit to work at present due to alcohol dependence and mental health issues including anxiety and depressive disorder,” the court said.

The woman was ordered to pay some of the tribunal costs, which were finalised as $1250.