Teachers who teach: There is no specific rule prohibiting teachers from using social media to contact students

In a recent case, a teacher at Rangi Ruru Girls School in Christchurch, Connor Taurapa Matthews, now simply called Taurapa, used Snapchat to contact one of his 16-year-old students and systematically groom her. The messages turned sexual, then nude photos, then physical sexual contact.

Taurapa then asked the student to delete her messages.

That student, Helena Dray, decided to withhold her name when Taurapa was taken to a tribunal last year, where his registration was immediately canceled.

Last year, Dray called for a ban on contact between teachers and students on social media.

“Nothing was done to prevent this, there were no conversations with students about these specific topics, there was simply no contact with teachers on social media. There were never any hard boundaries about it and ultimately it was up to the teachers’ discretion,” Dray said at the time.

Dray told the media that there is simply no need for teachers and students to communicate with each other privately.

“I think the problem is with those apps where you can delete all your previous messages, texts, call history and Snapchats disappear. But I think having a platform where IT or school faculty can access that data is really important.”

It was the exchange of thousands of “increasingly intimate and intense” text messages between teacher and student that became the subject of a coroner’s inquest in 2016 following the suicide of a Gisborne teenager.

“I want so bad to go to your window right now and just jump in and tell you how glad I am that you’re here,” read one text message from teacher Sam Back to 13-year-old Reiha McLelland.

Although no physical sexual intercourse occurred, Back was disciplined by the tribunal before the inquest and his partner Angle Mepham, also a teacher, was cautioned after it emerged that McLelland had repeatedly stayed overnight at their home.

The coroner later concluded that Reiha would have been less likely to commit suicide had she not been involved in a “secret friendship” with Backe and Mepham.

However, instead of an outright ban on electronic communications between teachers and students, the Teachers’ Council instead sought to create a code of conduct regarding behavior that anticipates grooming.

“Prescriptive ‘rules’ are not very practical, especially in areas such as technology and artificial intelligence, which are rapidly evolving,” a council spokesman told NZME.

“Instead of rules, the teaching profession has developed a Code of Professional Responsibility and a set of standards for professional practice that are based on principles and shared values.”

This code states that “supporting online contact with a student outside the teaching context” may constitute a violation, as may communicating with students about personal or sexual matters without valid context.

Other aspects of the code outline how teachers should demonstrate high standards of professional integrity, protect students from harm, and engage in ethical relationships that respect professional boundaries.

The code itself is due for review in 2025 following last year’s consultation with teachers on how it could address teachers’ use of technology, and the council told NZME it expected the code could include more detailed guidance in the future.

Liability mechanism

Professor Michael Macaulay, a former UK judge, lecturer at the University of Victoria’s School of Government and a researcher on ethics and integrity, told NZME it would be both easy and realistic.

“I don’t understand why anyone would even object. If teachers wish to contact students through some form of electronic communication, they only need to do so through an official channel.

“And if it doesn’t, just don’t do it.”

Macaulay said predators always break the rules, but a specific ban on social media would provide an additional “accountability mechanism.”

“If you cut off any paths and opportunities, that will be a good thing. But that won’t stop predatory behavior.

“However, this does not mean that you should not look for ways to reduce this type of behavior.

“I don’t think it would be difficult to implement and I don’t even think it would be that controversial… It wouldn’t require the Council to cut its teeth to implement.”

Macaulay said that if a teacher needs to contact a student outside of school, which he acknowledged is necessary in the electronic age, it should be done via a school email, which cannot be cleared or kept secret from parents or the school by oversight.

Earlier this year, James Cook High School teacher Seelandran Ramiah asked three of his students to download the encrypted Signal app, which deletes messages after a set period of time.

Ramiah used the app to systematically groom one of the vulnerable students and sent her photos of his genitals and videos of him masturbating.

the former vice-principal had his teacher’s registration canceled and was subsequently separately sentenced by the District Court to five months in prison for his conduct.

Ramiah also represents one of the few cases in which a teacher faced criminal charges with professional consequences.

Professional boundaries

In 2011, then-director of the Pedagogical Council, Peter Lind, told the media that inappropriate relationships were inevitable and could not be completely eradicated.

The council has since changed its tune slightly, with chief executive Lesley Hoskin telling NZME “one inappropriate relationship is one too many”.

“We believe that the vast majority of teachers understand the expectations to use social media and technology in a safe and respectful manner, which is why there is currently no prohibition in the Code and Standards against using digital platforms to communicate with students.

“Just as students must learn and grow to navigate the world safely and respectfully, we expect educators to do the same, including adapting to the rapidly evolving world of technology.”

Hoskin said that when teachers crossed these professional boundaries, context was key and teachers’ use of social media to support students’ learning changed.

“The context for teachers’ early adoption of social media to support student learning has changed significantly as schools have begun to formally implement approved learning technologies for student use that include built-in safeguards and are subject to clear policies for both teachers and students. “

Hosking highlighted that there are 110,000 registered teachers in New Zealand and a total of 462 compulsory reports had been submitted to the council by June 2023, representing just 0.4% of all teachers. Of these, cancellation of registration was only 0.02%.

Over the past 10 years, 81 cases of inappropriate relationships have been brought before the tribunal, resulting in the cancellation of 53 teachers’ registrations.

John Fenuaghty, a lecturer at the University of Auckland and a specialist in youth wellbeing and psychology, agreed with the Teaching Council’s approach to social media in its current code of conduct.

“The cautionary tale of the ban is to recognize that social media is a shaky concept and it’s not entirely clear what we mean when we talk about it because new forms come and go all the time,” he said.

“Imposing a ban would require a very clear understanding of the terms and what we mean.”

Fenaughty said the Board of Education is currently focusing on the ethical responsibilities of its members and is focusing on the substance of teachers’ relationships with students rather than the involvement of technology.

He said that regardless of the ban or teachers’ ethical and professional obligations, it is extremely important to ensure that students know how to recognize inappropriate contact and how to report it through the appropriate channels.

“It really depends on students being able to recognize inappropriate grooming behavior and what warning signs there are in that communication.

“With that said, I would like to note that 99% of teacher communication is appropriate and we must be careful when implementing a ban that potentially harms student-teacher relationships, which then impacts student participation in academic activities.

“I think the question is: does social media use actually enhance or enable grooming?”

The Court noted in one 2017 case in which a teacher added a young girl on Instagram that while social media was a useful tool, he expected the school to have clear guidelines on its use.

The Court emphasized the harmful impact that a teacher treating a student like a friend can have on a student, noting that the resulting harm is “sometimes more (in an inappropriate relationship) than a sexual relationship.”

A spokesman for the Education Review Office said schools are required to have a Child Protection Policy setting out the standards and principles that all staff must follow.

“It must be a comprehensive and effective policy that includes sound practice and guidance and sets out the standards and principles that all staff will follow, including the action staff should take if they know or suspect any form of harassment or ill-treatment.

“The policy must outline the actions required in the event of allegations made against employees and examine the implications for staff training.”

Next, the Energy Regulatory Office checks whether schools fulfill these obligations.

Jeremy Wilkinson is a Manawatū-based Open Justice reporter covering courts and justice issues with an interest in tribunals. He has been a journalist for almost a decade and has been working at NZME since 2022.