Discipline Panel Decisions

Panels of the Discipline Committee have ordered the summaries of recent disciplinary cases to be published in Professionally Speaking.

MEMBER'S NAME: MARK HOWARD BARREY
DECISION: Certificates of Registration and Qualification revoked
REGISTRATION NUMBER: 441922
A panel of the Discipline Committee held a public hearing on May 28, 2002 into allegations of professional misconduct against Mark Howard Barrey of Caledonia. Barrey, 32, was certified to teach in 2000 and was employed as a supply teacher and a teacher by the Grand Erie District School Board and the Peel District School Board. He chose not to attend the hearing but was represented by counsel.

The allegations of professional misconduct against Barrey included failing to maintain the standards of the profession; abusing a student physically, sexually, verbally, psychologically or emotionally; failing to comply with the Education Act and the regulations under the Act; having committed acts that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; and having engaged in conduct unbecoming a member.

The panel heard that Barrey developed an inappropriate relationship with a student who attended the school where he taught. The relationship developed over several months and resulted in the member engaging in sexual intercourse with the student.

Barrey submitted a plea of no contest at the hearing, which the panel accepted.

The panel found Barrey guilty of professional misconduct and ordered his Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College's public register.

MEMBER'S NAME: BRIAN CHARLES BENDER
DECISION: Certificates of Registration and Qualification suspended for 24 months
REGISTRATION NUMBER: 141364
A panel of the Discipline Committee held a public disciplinary hearing on May 30, 2002 into allegations of professional misconduct against Brian Charles Bender of Elmvale. Bender, 52, was certified to teach in 1976 and was employed as a teacher by the Peel Board of Education, now known as the Peel District School Board. Bender attended the hearing and was represented by counsel.

The allegations against Bender included failing to maintain the standards of the profession; failing to comply with the Education Act or the regulations under the Act; contravening a law that is relevant to his suitability to hold Certificates of Registration and Qualification; committing an act that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; and engaging in conduct unbecoming a member.
The panel received a written plea of no contest in which Bender admitted that he sexually assaulted an 11-year old boy over a two-year period, starting in 1977. The events occurred at Bender's cottage, at his home and at the home of his parents.

Bender was charged with gross indecency under the criminal code in October 2000 and pleaded guilty to the charge. He received a conditional sentence of nine months, with 15-months' probation.

The panel accepted the plea of no contest and found Bender guilty of professional misconduct. Based on the evidence presented regarding the rehabilitation process that Brian Charles Bender has undergone since 1980 and a medical assessment, the panel believes that Bender poses little risk of re-offending.

The panel ordered Bender's Certificates of Qualification and Registration suspended for a period of 24 months, effective from the date of the interim suspension, February 8, 2002.

MEMBER'S NAME: DANIEL FRANCIS BURNIE
DECISION: 10-day suspension and reprimand
REGISTRATION NUMBER: 147205
A panel of the Discipline Committee held a public hearing in September and November 2001 into allegations of professional misconduct against Daniel Francis Burnie of Peterborough. Burnie, 53, was certified to teach in 1973 and was employed as a teacher by the former Peterborough Victoria Northumberland and Newcastle Roman Catholic Separate School Board, now known as the Peterborough Victoria Northumberland and Clarington Catholic District School Board. Burnie attended the hearing and was represented by counsel.
The allegations against Burnie related to events that occurred between 1974 and 1978.

The panel heard the testimony of three witnesses on behalf of the College, alleging that Burnie engaged in an inappropriate relationship with FR, a female student who attended the school where Burnie taught at the time the relationship began.

FR told the panel that her relationship with Burnie began when she and a group of other young female students assisted Burnie in decorating bulletin boards, setting up classroom workstations and undertaking daily tasks in his classroom after school. The victim said the relationship started out as friendly, kind and professional but evolved over time into a personal relationship involving social outings and conduct of a sexual nature.

Witnesses at the hearing corroborated that students helped Burnie after class and went on social outings, including trips out of town, outside the normal school day and without the knowledge of the parents or Burnie's school administration.

Burnie also testified and told the panel the events involving inappropriate sexual behaviour on his part did not happen.

The panel found the evidence to be clear, cogent and compelling and all witnesses to be credible. The panel looked for consistency in the evidence to make its decision.

The panel found Burnie guilty of professional misconduct in that he engaged in conduct unbecoming and ordered his Certificates of Registration and Qualification suspended for a period of ten days beginning January 28, 2002. The panel also ordered Burnie reprimanded. The decision of the panel appears on the College's public register.

MEMBER'S NAME: JAMES HERBERT DUNNING
DECISION: Certificates of Registration and Qualification surrendered; undertaking not to teach or seek employment as a teacher in the public or private education system in Ontario REGISTRATION NUMBER: 160964
A panel of the Discipline Committee held a public hearing on July 21, 2000 into allegations of professional misconduct against James Herbert Dunning of London. Dunning, 53, was certified to teach in 1973 and was a teacher in Belleville until he was dismissed in 1997. He chose not to attend the hearing but was represented by counsel.

The allegations against Dunning were that he physically abused students and acted inappropriately as a teacher.

The panel heard the member's motion to stay the proceedings on the grounds that the delay in prosecuting the complaint had led to procedural unfairness and was an abuse of process and that the College's failure to ratify the agreement reached between the member, his federation and the Provincial Schools Authority constituted improper exercise of discretion.

When the hearing reconvened, the panel was presented with an agreement signed by the member and the College, in which the member agreed to immediately provide the College with a letter resigning his membership in the College effective upon receipt of his first payment from the Ontario Teachers' Pension Plan Board in the spring of 2006. In addition, the member undertook to immediately surrender his Ontario Teacher's Certificate and his Certificate of Qualification and Registration to the Registrar and undertook not to teach nor seek employment as a teacher in the public or private educational system in Ontario.

The panel accepted the agreement reached between the member and the College but ruled that it had no jurisdiction to ratify the earlier agreement between the member, his federation and the Provincial Schools employer.

The panel ordered that the charges contained in the Notice of Hearing in this matter shall be withdrawn on the date that the member's certificate is cancelled unless, in the meantime, the member breaches his undertaking to the College.

The panel further ordered that the contents of the member's undertaking shall appear on the public register maintained by the College and that the allegation of professional misconduct and the agreement reached between the parties shall appear in the official publication of the College.

MEMBER'S NAME: CLARK WINTON NOBLE
DECISION: Certificates of Registration and Qualification surrendered
A panel of the Discipline Committee held a public disciplinary hearing on January 26, 2000 into allegations of professional misconduct against Clark Winton Noble. Noble, 64, was certified to teach in 1963 and was employed as a teacher by a private school in Oakville. Noble chose not to attend the hearing but was represented.

The panel received a joint submission from the counsel for the College and the counsel for Noble asking to withdraw the Notice of Hearing. The panel heard two witnesses-the headmaster at the school and a police officer-in its consideration of the request.

The panel accepted Noble's resignation from the College and undertaking never to teach again. The panel was persuaded that proceeding with a disciplinary hearing would be extremely detrimental to the victim. The College's public register will state that Noble was permitted to resign during the course of professional misconduct proceedings following his conviction for sexual assault of a student.

MEMBER'S NAME: ROGER J. TRAHAN
DECISION: Certificates of Registration and Qualification suspended for 24 months
REGISTRATION NUMBER: 169057

A panel of the Discipline Committee held a public disciplinary hearing on November 15 and 16, 2001 into allegations of professional misconduct against Roger J. Trahan of Kanata. Trahan, 45, was certified to teach in 1984 and was employed as a teacher by the Conseil scolaire de district catholique de l'Est ontarien. Trahan attended the hearing and was represented by counsel.

The allegations against Trahan included failing to comply with the Education Act or the regulations under the Act; committing an act that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional and engaging in conduct unbecoming a member.

The panel heard evidence from a school board official that Trahan was suspended with pay from his duties in April 1999 after he was charged criminally for setting a fire at his home. Trahan returned to the classroom in September 1999 pending a verdict in relation to the charges.

In May 2000, Trahan was suspended without pay and dismissed in June on the grounds that he had been found guilty of mischief and had lied to his employer by making a false statement.

The board indicated that it could not continue to employ Trahan because a classroom teacher must be a role model to students and parents and because he affirmed his innocence to the board but pleaded guilty to mischief in court.

Trahan told the panel at the hearing that he had told his lawyer that he was innocent but was advised nevertheless to plead guilty and that his plea would not result in him losing his job. Trahan denied setting the fire at his home at the hearing.

A second lawyer who became involved in the case after Trahan changed lawyers also testified at the hearing. He informed Trahan it would be difficult to withdraw the guilty plea because he provided no reasonable explanation for the items that had been removed from the house before the fire. The items had been locked in a garage and Trahan had submitted an insurance claim for them.

Trahan was found guilty of mischief in court and sentenced to nine months to be served in the community. He was also ordered to keep the peace and refrain from criminal conduct and had to respect a court-imposed curfew among other conditions.

The panel found Trahan guilty of professional misconduct and ordered his Certificates of Registration and Qualification suspended for 24 months until June 7, 2002. The decision of the panel appears on the College's public register.

MEMBER'S NAME: Under publication ban
DECISION: Certificates of Registration and Qualification revoked
A panel of the Discipline Committee held a public hearing on December 14, 2001 into allegations of professional misconduct against a male teacher from South West Central Ontario. The teacher chose not to attend the hearing, nor was he represented.

The panel ordered a publication ban on any information that could identify the victim or the teacher in this matter. The panel felt that publishing the name of the teacher would reveal the identity of the victim.

The allegations of professional misconduct against the teacher included failing to maintain the standards of the profession; failing to comply with the Education Act and the regulations under the Act; contravening a law that is relevant to his ability to hold Certificates of Registration and Qualification; having committed acts that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; having engaged in conduct unbecoming a member; and having displayed a lack of knowledge, skill or judgement or a disregard for the welfare of students.

A detective testified at the hearing that he received a detailed complaint of an alleged sexual assault from the victim in 1998. The victim had filed a similar complaint two years before but did not feel strong enough to file the complaint formally.

The panel also heard that the teacher was found guilty of seven counts of sexual assaults against the victim for events that happened between 1995 and 1997. The teacher was sentenced in criminal court to four years on the first count and four years on the other counts, to be served concurrently.

The panel found the teacher guilty of professional misconduct and ordered his Certificates of Registration and Qualification revoked immediately.

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