Professionally SpeakingThe Magazine of the Ontario College of Teachers
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Reports: Council meeting | College budget | Access to information | College mandate | Member discounts | Accreditation | Accreditation committee | Atkinson update | Teachers' qualifications | Investigations | Dispute resolution | Hearings

investigations

The College investigates and considers complaints about members that relate to alleged professional misconduct, incompetence or incapacity. If the Investigation Committee concludes that a complaint does not relate to one of those three matters or is frivolous, vexatious or an abuse of process, it does not proceed with the complaint.

Approximately four out of five complaints are not referred to the Discipline Committee but are dismissed or resolved by other means. Examples of cases considered by the Investigation Committee and not referred to a hearing are provided here.


Case #1

Complaint: Physical abuse of student
Outcome of investigation: Caution

A school board notified the College about the conduct of one of its secondary school teachers, alleged to have pulled a plastic spoon from a student’s mouth, grabbed the student by the arm, pushed the student, and blocked the path of the student, who attempted to leave the classroom.

Despite being notified about the complaint, the member failed to provide a response to the allegations.

A panel of the Investigation Committee considered the complaint and directed that the member be cautioned in writing. The panel reminded the member to avoid physical contact with students, except in self-defence or in protection of a student or staff member, to ensure that future conduct and behaviour are consistent with the standards of the teaching profession, and that classroom management techniques and disciplinary methods ensure the health and safety of students.


Case #2

Complaint: Verbal abuse, unfair reprimand and humiliation, ordering complainant to leave
Outcome of investigation: Complaint dismissed

An employee of the school board complained to the College about a high school teacher who, it was alleged, unfairly rebuked, reprimanded and humiliated a Grade 10 student, verbally attacked the complainant when they intervened on the student’s behalf, threatened to exclude the complainant from class, ordered the complainant to leave and slammed the door and, some months later, filed a false complaint of sexual harassment against the complainant, in retribution.

After a full investigation, the matter was considered by a panel of the Investigation Committee, who decided that the matter should not be referred to a hearing.

The panel commented that, although there was a classroom altercation with the complainant, which was unfortunate, the matter did not rise to the level of professional misconduct.


Case #3

Complaint: Permitting conflict of interest to impede judgment and failing to provide a safe school environment
Outcome of investigation: No investigation

The parents of a Grade 6 student wrote to complain about the conduct of the principal at their child’s school, after a physical altercation between their child and another student at the school, in which the child was physically assaulted.

The parents alleged that the principal was conflicted because the other student was the child of two staff members, that the principal failed to provide a safe school environment, failed to exercise due diligence, allowed the conflict of interest to impede the principal’s judgment regarding the altercation, failed to reveal to them the outcome of the principal’s investigation, denied them access while meeting with the other parents and produced a revised document including death threats uttered by the student towards their child, only after a school trustee became involved.

The matter was considered by a panel of the Investigation Committee, which directed that it should not be investigated. The panel commented that the complaint had already been appropriately dealt with at both the school and board levels.


Case #4

Complaint: Physical assault of member’s own spouse
Outcome of investigation: Not referred

A school board notified the College after one of its teachers was charged with assault resulting in injuries, following an altercation with the member’s spouse in the spousal home.

Police were called by medical authorities after a domestic argument between the two escalated and the member repeatedly pushed the spouse, who lost balance and fell to the ground, suffering injuries that required hospital treatment. According to police records, the member was arrested at the spousal home and showed immediate remorse.

The member pleaded guilty to the criminal charges laid and received a suspended sentence with probation.

The panel of the Investigation Committee that considered the complaint decided that the matter had been appropriately dealt with by the courts and that the member had completed a counselling program. The panel directed that the matter not be referred to a hearing and noted that the member posed no risk to students.

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