Dispute
Resolution Program Reports
THE College
use its Dispute Resolution Program to resolve suitable complaints about
members of the profession in the public interest. The program, which is
voluntary and without prejudice for the participating parties, is available
at all stages of the complaint process.
In the
dispute resolution process, the College seeks outcomes similar in scope
to those that would reasonably be expected following an investigation
or hearing. In many cases this includes the publication of the member's
name to ensure accountability and the protection of the public. The College
monitors compliance with all agreements reached through dispute resolution.
This issue
of Professionally Speaking reports on three cases that were resolved
through dispute resolution.
Case
1
After receiving a report from an international private school, the College
Registrar initiated a complaint against John Robert Nerby, a former teacher
at the private school and a member of the College. The Registrar alleged
that the member sent a series of intimate and sexually explicit e-mail
messages to a female secondary student. Shortly after the messages were
discovered, the school terminated the member's employment.
The member
and the Registrar voluntarily entered into a Memorandum of Agreement which
included the following terms:
- acknowledgement
by the member that in sending correspondence of a sexual nature to a
student he committed professional misconduct
- suspension of
the member's certificate for a period of 90 days
- an admonishment
of the member by the Investigation Committee
- completion by
the member of a course of instruction regarding student-teacher boundaries
- a notation on the
public register that the member's certificate was suspended and that
he acknowledged committing professional misconduct
- publication of
the member's name with a summary of the complaint and the nature of
the resolution
- College notification
of the member's suspension to the education authorities routinely informed
of such disciplinary action.
The Investigation
Committee ratified the agreement as a satisfactory resolution of the complaint.
Case
2
The Registrar initiated a complaint against Robert Brian McClean. The
complaint alleged that during the 1981-1982 school year, while teaching
at an Ottawa secondary school, the member initiated an inappropriate relationship
with a Grade 11 student that continued until approximately 1988. McClean
denies the allegations.
The Investigation
Committee ratified a Memorandum of Agreement between the member and the
Registrar in which McClean agreed to:
- resign from the
College
- accept cancellation
of his certificate by the Registrar
- not reapply to
the College at any time in the future
- not teach in any
elementary, secondary, public, private or separate school
- accept publication
of his name with a summary of the complaint and the nature of the resolution
- a notation be
put on the public register that he resigned his membership in the College
and that the Registrar cancelled his certificate. The notation also
includes the following statement: "At the time of the resignation,
a complaint against Robert Brian McClean for professional misconduct
involving an inappropriate relationship with a student was under investigation."
- College notification
of the cancellation of the member's certificate to education authorities
routinely informed of such disciplinary action.
Case
3
The College received a complaint from a member of the public alleging
that several school and board staff had contributed to a student's suicide
through a variety of actions. The alleged conduct included humiliating
the student and failing to protect him from the bullying of other students.
The members
and the complainant participated in mediation and reached a Memorandum
of Agreement, which included the board agreeing to:
- implement a policy
regarding the response of staff to reports of bullying
- offer professional
development opportunities to staff regarding bullying
- write to the Ministry
of Education and the College recommending that the issue of student
bullying be addressed in the Provincial Teacher Certification Program
- provide all students
with information regarding support resources.
The Investigation
Committee ratified the agreement as a satisfactory resolution of the complaint.
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