KEY POINTS:
The teacher yesterday convicted of indecently assaulting former Glenfield College students was working at a Maori immersion school in Sandringham when police picked him up for questioning.
Heremia Smith, 30, was still registered to teach yesterday, again throwing the spotlight on the governing body, the Teachers Council.
Smith quit as head of Maori studies at Glenfield College in 2005 after a 14-year-old student went to the principal in tears over Smith's behaviour.
He was found guilty of two charges of sexual conduct with a young person aged under 16 relating to that girl - who cannot legally be identified - and convicted on four charges of indecent assault in relation to two other girls he taught at the North Shore school.
He was acquitted of the most serious charge - sexual violation - and was also found not guilty of seven indecent assault charges relating to four other complainants.
Smith was bailed until sentencing next month.
The verdicts were delivered in an emotional court room, in which at least one jury member, supporters of Smith and families of the complainants cried.
Despite Smith's resignation from Glenfield College after several female students made statements about his actions, he got a job as a relief teacher at Te Kura Kaupapa o Nga Maungarongo in Sandringham.
It was reported last weekend that he was a volunteer coach at Gisborne Girls High School for a month about six months after he resigned from Glenfield College and accompanied the touch team on tour. It is understood that since charges were laid, he has not worked as a teacher.
Te Kura Kaupapa o Nga Maungarongo feared it would be tarnished by the situation and was reluctant to discuss it.
But a spokesman said the school was an "innocent victim" and, as Smith was still a registered teacher, it had no way of knowing his past.
It was understood the kura had not checked with Glenfield College because Smith had several jobs between leaving the high school and applying.
The spokesman said Smith was never alone with students and had been at the school only for about 20 days when police arrived.
There had been no complaints from the children he supervised at the kura.
Teachers Council head Dr Peter Lind said Smith was still registered because the council could not do its own investigation while cases were before the court.
"There is another legal process being undertaken at that point of time and a criminal conviction case takes the priority."
But if a teacher was convicted on a crime with a penalty of three months' jail or more, there was a mandatory requirement for the council to be told.
Cases then went through the council's own disciplinary process.
Dr Lind said there were measures to protect students in the interim, including schools' ability to suspend teachers until cases were heard if there were concerns about youngsters' health and safety.
He said it was "good employment practice" when hiring to check with previous employers.
After the verdicts were delivered, Smith's lawyer, Gary Gotlieb, said his client had mixed feelings.
"I suppose he's relieved that he got acquitted of the most serious charges.
"I think his feeling was he wanted an end to matters, as everyone did. Hopefully everyone can move on."
CASE HISTORIES
Recent teachers disciplinary tribunal rulings:
* Cancelled registration in September 2007 of a teacher, then 37, who had a secret, sexual relationship with a 17-year-old student who had been in his music studies class in 2005. They were still together when the tribunal heard the case in August last year.
* Cancelled registration in September 2007 of a teacher convicted of 10 charges of performing indecent acts and four charges of sexual connection with a girl aged under 16. All the charges involved a 15-year-old student at the school where the 31-year-old teacher was working.
* Cancelled registration in July 2007 of an assistant principal convicted of possessing computer images of sexual abuse, some of children as young as 3 or 5.
* Cancelled registration in July 2007 of teacher who formed an inappropriate relationship with a 17-year-old student at the school where she taught - including telling him she wanted to make love in a shower "and lot of other places".
* Ordered deregistration in April 2007 of a former teacher convicted of indecently assaulting a 15-year-old who was one of his students when he was teaching at a Wellington region high school.
