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Discipline Panel Decisions

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

Member: JWM
Decision: Certificates of Registration and Qualification Revoked

A panel of the Discipline Committee held a public hearing on December 14 into allegations of professional misconduct against a teacher from Southwest Central Ontario. The member chose not to attend the hearing and was not represented.

The panel ordered the name of the member withheld and the geographic location not fully disclosed to respect a court order protecting the identity of the victim.

The allegations against JWM included failing to maintain the standards of the profession, failing to comply with the Ontario College of Teachers Act and the Education Act, contravening a law relevant to his suitability to hold Certificates of Registration and Qualification, performing acts or committing omissions that would be regarded as disgraceful, dishonourable or unprofessional, engaging in conduct unbecoming a member and displaying a lack of judgment or disregard for the welfare of students.

The panel heard testimony that JWM had retired from his job at the school board in Southwest Central Ontario in September 2000. A detailed complaint of sexual assault had been made against JWM in 1998. He was found guilty of seven counts of sexual assault and is currently serving a four-year penitentiary term. The panel ordered his Certificates of Registration and Qualification revoked. The decision of the panel appears on the College’s public register.


Member: Paul Anthony Chambers
Decision: Certificates of Registration and Qualification Revoked
Registration
Number: 204586

A panel of the Discipline Committee held a public hearing on February 25 into allegations of professional misconduct against Paul Anthony Chambers of Toronto. Chambers, 35, was certified to teach in 1990 and was employed as a teacher by the Toronto Catholic District School Board. Chambers did not to attend the hearing and was not represented.

The allegations of professional misconduct against Chambers included failing to maintain the standards of the profession, abusing students physically, sexually, verbally, psychologically or emotionally, failing to comply with the Ontario College of Teachers Act and the Education Act, contravening a law that is relevant to his suitability to hold a Certificate of Qualification, committing acts that would be regarded as dishonourable or unprofessional and engaging in conduct unbecoming a member.

The panel heard evidence that Chambers was convicted of two counts of sexual exploitation of two female students in 1999 and was given a six-month conditional sentence and three years’ probation during which he is prohibited from holding a position of trust with any female under the age of 18.

The panel also heard that Chambers downloaded and printed pornographic material on school board computer equipment. He resigned from his position at the school board in October 1999.

The panel accepted an agreed statement of facts and found Chambers guilty of professional misconduct. The panel ordered Chambers’ Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register.


Member: James Edward Garrow
Decision: 9-month Suspension, Reprimand and $3,000 Fine
Registration
Number: 366779

A panel of the Discipline Committee held a public hearing over six sessions from July 2001 to February 2002 into allegations of professional misconduct against James Edward Garrow of Guelph. Garrow, 52, was certified to teach in 1976 and was employed as a teacher by the Upper Canada District School Board. Garrow represented himself at the hearing.

The allegations of professional misconduct against Garrow included failing to maintain the standards of the profession and abusing students physically, sexually, verbally, psychologically or emotionally.

Students testified at the hearing that Garrow made disparaging or derogatory remarks about them. The panel also heard testimony that Garrow abandoned his employment with the Upper Canada District School Board in early June of 1999 and failed to resume his employment despite letters, telephone calls and faxed communications from the board. The board dismissed Garrow for breaching his professional duties in July 1999.

The panel found that Garrow tried to rationalize abandoning his position, and that he showed a lack of remorse for his actions. His testimony was at times contradictory, inflammatory and irrelevant to the matters at issue, in contrast to the testimony from witnesses.

The panel found Garrow guilty of professional misconduct and ordered his Certificates of Registration and Qualification suspended for nine months. The panel reprimanded Garrow immediately following the hearing and also imposed a fine of $3,000 to be paid to the Minister of Finance within six months of the panel’s decision. The decision of the panel appears on the College’s public register.


Member: Gary William Hammell
Decision: Certificates of Registration and Qualification Revoked
Registration
Number: 228177

A panel of the Discipline Committee held a public hearing on February 4 into allegations of professional misconduct against Gary William Hammell of Kincardine. Hammell, 52, was certified to teach in 1976 and was employed as a teacher by the Bluewater District School Board. Hammell did not attend the hearing but was represented by counsel.

The allegations of professional misconduct against Hammell included failing to maintain the standards of the profession, abusing a student physically, sexually, verbally, psychologically or emotionally, failing to comply with the Ontario College of Teachers Act and the Education Act, contravening a law that is relevant to his suitability to hold a Certificate of Qualification and committing acts that would be regarded as dishonourable or unprofessional.

Hammell was charged in June 1999 with three counts of sexual assault, two counts of sexual exploitation of minors relating to sexual touching, one count of sexual assault of a minor relating to invitation to touching and four counts of indecent assaults. The charges related to Hammell’s involvement with a 15-year old student as well as six other young women between 1978 and 1997. Hammell pleaded guilty in court to one count of sexual exploitation in November 2000 and was sentenced in January 2001 to one year of imprisonment and three years probation.

Through his counsel, Hammell pleaded no contest to allegations that he developed a relationship with the

15-year old student that culminated in them having intercourse numerous times over an 18-month period.

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


Member: David Christopher Koloff 
Decision: Reprimanded and Ordered to Attend Counselling
Registration
Number: 191784

A panel of the Discipline Committee held a public hearing on February 25 into allegations of misconduct against David Christopher Koloff of Kingsville. Koloff, 39, was certified to teach in 1987 and was employed as a teacher by the York Region District School Board until February 1999. He attended the hearing and was represented by counsel.

The allegations against Koloff included making inappropriate remarks, gestures and advances to three female students.

The panel heard evidence that, in the months preceding his departure from the York Region District School Board, Koloff made several inappropriate and sometimes sexual comments to three female students, aged 17 and 18 years old.

Koloff pleaded guilty to professional misconduct. The member stated that he was under significant emotional stress at the time and agreed that his conduct was inappropriate. The panel noted that Koloff had not engaged in any misconduct since leaving the York school board and that he has the full support of the administration at his current board of employment.

The panel ordered that Koloff be reprimanded, admonished and counselled by the Discipline Committee and that he attend, at his own expense, counselling with regards to boundary issues. The decision of the panel appears on the College’s public register.


Member: Marcel Léo LaLonde
Decision: Certificates of Registration and Qualification Revoked
Registration
Number: 146497

A panel of the Discipline Committee held a public hearing on February 5 into allegations of misconduct against Marcel Léo Lalonde. Lalonde, 53, was certified to teach in 1969 and was employed as a teacher by the Catholic District School Board of Eastern Ontario and its predecessors. He did not attend the hearing and was not represented.

The allegations of professional misconduct against Lalonde included failing to maintain the standards of the profession, abusing students physically, sexually, verbally, psychologically or emotionally, failing to comply with the Ontario College of Teachers Act and the Education Act, committing acts that would be regarded as dishonourable or unprofessional and engaging in conduct unbecoming a member.

The panel heard evidence that Lalonde engaged in inappropriate sexual relationships with eight students or former students at the school where he taught. In November 2000, Lalonde was convicted of two counts of gross indecency and three counts of indecent assault. He was sentenced to jail terms ranging from one month to 15 months in respect of those convictions. He also received a six-month conditional sentence.

In November 2001, Lalonde was found guilty of an additional charge of indecent assault and received a three-month conditional sentence and 18 months’ probation.

The panel accepted an agreed statement of facts and found Lalonde guilty of professional misconduct. The panel ordered Lalonde’s Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register.


Member: Gérald René Levert 
Decision: Certificates of Registration and Qualification Revoked
Registration
Number: 236159

A panel of the Discipline Committee held a public hearing on January 24 into allegations of misconduct against Gérald René Levert of Ottawa. Levert, 53, was certified to teach in 1970 and employed as a teacher by the Ottawa-Carleton Catholic District School Board or its predecessor. He did not attend the hearing and was not represented.

The allegations of professional misconduct against Levert included failing to maintain the standards of the profession, abusing a student physically, sexually, verbally, psychologically or emotionally, failing to comply with the Ontario College of Teachers Act and the Education Act, contravening a law relevant to his suitability to hold Certificates of Registration and Qualification, committing acts that would be regarded as dishonourable or unprofessional and engaging in conduct unbecoming a member.

The panel heard evidence that Levert was found guilty in October 2000 of sexual assault and sexual touching with respect to a male student under the age of 14 who was under his authority. He was sentenced to six months in jail and placed on probation for two years with a condition that he attend and participate in a treatment program in a sexual behaviour clinic. Levert appealed the conviction, but lost the appeal in October 2001.

The school board terminated Levert’s employment in November 2000 following his criminal conviction.

The panel found Levert 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: David Elliot McClure
Decision: Certificates of Registration and Qualification Revoked
Registration
Number: 123615

A panel of the Discipline Committee held a public hearing on February 5 into allegations of misconduct against David Elliott McClure of Bond Head. McClure, 65, was certified to teach in 1957 and employed as a teacher by the Toronto Board of Education, the Etobicoke Board of Education and the North York Board of Education. He did not attend the hearing but was represented by counsel.

The allegations of professional misconduct against McClure included failing to maintain the standards of the profession, abusing a student physically, sexually, verbally, psychologically or emotionally; failing to comply with the Ontario College of Teachers Act and the Education Act; contravening a law relevant to his suitability to hold Certificates of Registration and Qualification; contravening a law that indicates that students under his supervision may be put at risk; committing acts that would be regarded as dishonourable or unprofessional and engaging in conduct unbecoming a member.

The panel heard evidence that McClure was found guilty of six counts of indecent assault, two counts of buggery and three counts of gross indecency involving six male students. The victims had been McClure’s students and ranged from Kindergarten to Grade 8 at the time of the incidents. McClure is currently in custody pending sentence and the Crown has made an application to have him declared a dangerous offender.

A detective involved in the investigation testified that McClure befriended the parents of many of the boys, developing a trust that made it difficult for the boys to tell their parents what happened. The witness testified that the victims had been traumatized by the incidents.

The panel found McClure 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: Patricia Anne Sutherland
Decision: Certificates of Registration and Qualification Revoked
Registration Number: 228352

A panel of the Discipline Committee held a public hearing on February 5 into allegations of misconduct against Patricia Anne Sutherland. Sutherland, 59, was certified to teach in 1963 and was employed as a teacher of Junior division developmentally challenged students by the Peel District School Board. She chose not to attend the hearing and was not represented.

The allegations of professional misconduct against Sutherland included failing to maintain the standards of the profession, abusing students physically, sexually, verbally, psychologically or emotionally, failing to comply with the Ontario College of Teachers Act and the Education Act, contravening a law relevant to her suitability to hold Certificates of Registration and Qualification; contravening a law that indicates that students under her supervision may be put at risk, committing acts that would be regarded as dishonourable or unprofessional, engaging in conduct unbecoming a member and displaying a lack of knowledge, skill or judgement or a disregard for the welfare of her students.

The panel heard evidence from a Peel District School Board representative that the board had previously told Sutherland that under no circumstances were negative interventions to be used with any children in the school or any school in Peel. Sutherland had to be reassigned and replaced as a teacher as a result of criminal charges being laid against her involving three of her students. A Peel Regional police officer who investigated the matter testified that Sutherland was convicted of three counts of assault on two of her students.

The panel found Sutherland guilty of professional misconduct and ordered her Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register.


Member: John Pellegrini 
Decision: Suspension to be Held in Abeyance; $5,000 in Costs Payable to the College; $3,000 Fine Payable to the Ontario Minister of Finance
Registration
Number: 402374

A panel of the Discipline Committee held a public hearing on February 14 into allegations of misconduct against John Pellegrini of Elora. Pellegrini, 39, was certified to teach in 1995 and was employed at the time of the events as a teacher by the York Region Roman Catholic Separate School Board. He attended the hearing and was represented by counsel.

The allegations of professional misconduct against Pellegrini included failing to maintain the standards of the profession and engaging in conduct unbecoming a member.

Pellegrini testified on his own behalf that he was the sole officer and director of International Follow-Spot (IFS), which was engaged by the board to produce The Sound of Music II. John Pellegrini signed a contract on behalf of IFS with his brother who was acting on behalf of the board.

IFS received $67,029.20 in ticket sale revenues from the production. None of these revenues were paid to the school board despite the contract between IFS and the board.

Pellegrini also testified that he was paid $13,824 by his brother, on behalf of the board, to write a music document for the board. He paid $13,660 of that money back to his brother.

He was charged criminally in 1995 for his involvement in the production of The Sound of Music II and for receiving payments for writing a music resource document that was not finished and useable and had been largely copied from two other documents without credit being given to the source. The charges in connection with IFS were dismissed at a preliminary inquiry and the charges related to the music document were stayed.

The York Region Roman Catholic Separate School Board terminated his contract at the end of the 1995 school year and he was unemployed until 1998. He provided a copy of a current Staff Growth, Appraisal and Review Report from his current employer, which indicated that his teaching practice is acceptable in his current position as a Biology and Science, and Self and Society teacher.

The panel found Pellegrini guilty of professional misconduct and found that he displayed a lack of judgment such that his Certificates of Registration and Qualification should be subject to terms, conditions or limitations. The panel ordered Pellegrini’s certificates to be suspended for a period of one year, with the suspension being held in abeyance on the condition that he provides the College with written evidence of his continued good teaching practice by December 31, 2002, and that he pays costs of $5,000 to the College and a fine of $3,000 to the province’s Consolidated Revenue Fund. The decision of the panel appears on the College’s public register.

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