dispute resolution

The College uses Dispute Resolution (DR) to facilitate the resolution of suitable complaints regarding members of the profession. DR is voluntary and without prejudice to the parties. The results of the DR process are similar to those that would be expected following a full investigation and/or contested hearing.

The members in the cases reported here have consented to the publication of a summary of the complaint and its resolution.

Member: Shakir Mustafa
Registration number: 270663
Decision: Admonishment by the Investigation Committee

Following notification by the Limestone DSB, the Registrar initiated a complaint against Shakir Mustafa. The Registrar alleged that, while employed as a driving instructor, the member placed his hand on the thigh of a 22-year-old female and moved her hand onto his thigh. The female was not the member’s student.

On November 7, 2006, the Investigation Committee ratified a Memorandum of Agreement (MOA) between the member and the College, in which the member agreed to be admonished, in writing, by the Investigation Committee.

The member undertook not to seek or engage in employment where Certificates of Qualification and Registration are required until such time as:

• six months have elapsed from the date of ratification of the MOA
• all conditions set out in the MOA have been fulfilled.

The member also agreed to:

• successfully complete a course of instruction, pre-approved by the Registrar, regarding maintaining appropriate boundaries with students
• provide the Registrar with a report prepared by the practitioner who delivered the course of instruction, indicating whether the member recognizes the need for teachers to establish and maintain appropriate boundaries
• a note being placed on the public register regarding his undertaking not to teach for six months and until the conditions set out in the MOA are satisfied
• the College publishing his name with a summary of the complaint in the College’s official publication and on the College web site.

Member: Not identified
Decision: Caution by the Investigation Committee

Following notification by an employer, the Registrar initiated a complaint against a member of the College. The Registrar alleged that, during a school trip the member, a secondary school teacher, hit with the back of his glove the face of a male secondary school student. This occurred while riding on a bus and following a number of attempts by the member to control unruly students. Upon returning to the school, the member apologized to the student’s parent and to the school administration for what had occurred.

On June 22, 2007, the Investigation Committee ratified an MOA between the member and the College, in which the member:

• agreed to be cautioned, in writing, by the Investigation Committee
• agreed to successfully complete a course of instruction, pre-approved by the Registrar, regarding appropriate classroom management strategies
• agreed to provide the Registrar with a written report prepared by the course practitioner indicating his successful completion of the course.

Member: Daniel Bruce Mastin
Registration number: 484780
Decision: Resignation/cancellation

Following notification by the Kawartha Pine Ridge DSB, the Registrar initiated a complaint against Daniel Bruce Mastin. The Registrar alleged that the member inappropriately communicated with a female secondary school student. The communication included, but was not limited to: the member telling the student of his love for her, stating that he and the student had been intimate, and commenting about taking off the student’s clothes. The member also kissed the student and touched her breasts.

Following an investigation by the school board, the member resigned his position.

On July 26, 2007, the Investigation Committee ratified an MOA between the member and the College, in which the member:

• admitted the above-described conduct
• agreed to resign his membership in the College
• agreed that the Registrar would cancel his Certificates of Qualification and Registration
• agreed to a notation on the public register
• agreed to publication of his name with a summary of the complaint and its resolution in Professionally Speaking and on the College web site
• agreed to placement of a copy of the Investigation Committee’s decision and the MOA in a publicly accessible area of the College
• agreed that the College would provide notice of cancellation of his certificates to those organizations routinely notified of such action.

Member: Not identified
Decision: Admonished by the Investigation Committee

Following notification by an employer, the Registrar initiated a complaint against a member of the College who was an occasional elementary teacher. The Registrar alleged that the member:

• inadvertently left two students unattended in the classroom, although she had gathered all the other students to play outside
• put elastics around a student’s ankles because his socks kept falling down.

On August 24, 2007, the Investigation Committee ratified an MOA between the member and the College, in which the member:

• admitted the above-described conduct
• agreed to be admonished, in writing, by the Investigation Committee
• agreed to successfully complete a course of instruction regarding appropriate classroom-management strategies
• agreed to provide the Registrar with a written report prepared by a course practitioner, indicating successful completion of the course of instruction.

Member: Scott James Keen
Registration number: 192724
Decision: Resignation/cancellation

Following notification by the Toronto DSB, the Registrar initiated a complaint against Scott James Keen. The Registrar alleged that the member engaged in conduct with a 16-year-old female student on and off school property, which included:

• sexually assaulting her
• sexually exploiting her
• committing an indecent act toward her.

The member was charged with two counts of sexual assault, three counts of sexual exploitation and one count of committing an indecent act.

The member pleaded guilty to one count of sexual assault and the Crown withdrew the remaining charges.

On September 21, 2007, the Investigation Committee ratified an MOA between the member and the College, in which the member:

• admitted the above-described conduct
• agreed to resign his membership in the College
• agreed that the Registrar would cancel his Certificates of Qualification and Registration
• agreed never, in future, to apply to the College for Certificates of Qualification and Registration
• agreed to a notation on the public register
• agreed to publication of his name, with a summary of the complaint and its resolution, in Professionally Speaking and on the College web site
• agreed to placement of a copy of the Investigation Committee’s decision and the MOA in a publicly accessible area of the College
• agreed that the College would provide notice of cancellation of his certificates to those organizations routinely notified of such action.

When the Discipline Committee finds a member guilty of professional misconduct, the member’s name may be published in Professionally Speaking. If a similar matter is disposed of by the Investigation Committee or DR at the investigation stage, and the result is a caution, the name of the member is not published. The College monitors compliance with all agreements reached through DR.