The College uses Dispute Resolution (DR) to help resolve complaints regarding members of the profession. DR is voluntary and without prejudice to the parties. The outcomes of the process are similar to those that would be expected following a full investigation and/or contested hearing.
Summaries of the cases reported here are based on facts derived from agreements signed by the College Registrar and the member, which are ratified by the Investigation Committee. Publication is a provision of the agreements.
Dispute Resolution
Although cases 3, 4 and 5 were disposed of through the Dispute Resolution (DR) program, the College Council is considering recommendations that these types of cases no longer be disposed of through DR at the Investigation Committee stage, but be referred to a public hearing by a Discipline Committee panel.
Case #1
Complaint: Pulling the shirt and slapping the arm of a student
Outcome of DR: Written caution
The Investigation Committee cautioned a secondary school teacher in writing for pulling a student’s shirt after the student failed to return to her assigned seat and for slapping the same student on the arm the next day because she was using her cellphone in class. The member recognized that she used inappropriate discipline strategies with the student.
The committee ratified a memorandum of agreement in which the member agreed to be cautioned in writing by the committee, to complete a course in classroom management and to provide the Registrar with written confirmation of its successful completion.
Case #2
Complaint: Handing a student a plastic water bottle and telling him he could “pee” in it if he was so desperate
Outcome of DR: Written caution
The Investigation Committee cautioned an elementary school teacher in writing for handing a plastic water bottle to a Grade 6 student and telling him he could “pee” in the bottle if he was so desperate to use the washroom. The student asked to use the washroom numerous times each period and when the member gave him permission to do so, he would leave and not return for long stretches.
The member acknowledged that she had a lapse in judgment and behaved in an inappropriate manner.
The committee ratified a memorandum of agreement in which the member agreed to be cautioned in writing by the committee and to provide the Registrar with written confirmation of her successful completion of the positive physical intervention training and classroom management training that she was required to take by her board.
Case #3
Member: Mi-Hyang Park, OCT
Registration No.: 485410
Decision: Written admonishment
The Investigation Committee ratified an agreement resulting in the written admonishment of Mi-Hyang Park, an elementary school teacher with the Toronto DSB, for verbally and physically mistreating students by, among other things, screaming at them, giving them Scotch tape and asking them to place it over their mouths or under their feet, and placing gum in or under a student’s shoe. The member agreed to complete an Additional Qualification course and the classroom management training, conflict resolution training and anger management counselling that she was required to complete by her board. Park also agreed to the publication of a summary of the complaint and its resolution, including her name.
She admitted to using inappropriate classroom management and discipline strategies, and, specifically, to the inappropriate use of tape.
Case #4
Member: Kelvin Sau-Yin Ma, OCT
Registration No.: 479645
Decision: Oral admonishment
The Investigation Committee ratified an agreement resulting in an oral admonishment of Kelvin Sau-Yin Ma, a teacher with the Durham Catholic DSB, and the imposition of a course on professional boundaries. Ma agreed to provide the Registrar with written confirmation of successful completion of the course and to the publication of a summary of this complaint and its resolution, including his name.
On two consecutive days, Ma entered a room, which was being used by female students as a changing area during a school play. He denied being asked to leave on the first day, but, on the second day, there was at least one student in a state of undress in the changing area when Ma was present, and several students asked him to leave. According to the students, he ignored their plea.
The Durham Children’s Aid Society investigated and substantiated the complaint.
Case #5
Member: Andrea Mae Morency, OCT
Registration No.: 262627
Decision: Written admonishment, Undertaking not to seek/engage in employment where certificate required for nine months, Undertaking not to assume any financial responsibilities in any such employment for two years thereafter
The Investigation Committee ratified an agreement in which Andrea Mae Morency, who was employed as a principal with the Lakehead DSB, agreed and undertook not to seek or engage in employment for nine months where a Certificate of Qualification and Registration is required and not to assume any financial responsibilities in any such employment for two years following the nine months, for mismanaging Anti-Poverty Initiative (API) funds.
Among other things, she failed to attach invoices for purchases in excess of $100 to the final API report, as required, and failed to keep accurate records of the inventory purchased using the funds. She also misused API funds by, among other things, buying items that were not used for the benefit of teachers and students, and, in some cases, were used for her personal benefit. Morency was admonished in writing and agreed to complete a course in professional ethics before seeking or engaging in employment requiring a certificate. She also agreed to the publication of a summary of this complaint and its resolution, including her name, and to a notation on the Public Register at oct.ca → Find a Teacher.
Morency admitted to the misuse and mismanagement of API funds and did not contest that she used some of the funds to make personal purchases.
