Discipline Panel Decisions
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Panels of the Discipline Committee have ordered the summaries of recent disciplinary cases to be published in Professionally Speaking. Member’s Name:
Shawn Ahluwalia A panel of the Discipline Committee held a public hearing on January 13, 2003 into allegations of professional misconduct against Shawn Ahluwalia of Brampton, who was a resident of Kingston at the time of the events in question. Ahluwalia, 27, was certified to teach in 2000 and was employed as a teacher by the Limestone District School Board. Ahluwalia chose not to attend or be represented at the hearing. The allegations of professional misconduct against Ahluwalia included failing to maintain the standards of the profession; abusing a student sexually, verbally, psychologically or emotionally; failing to comply with the Education Act; committing acts that would reasonably be regarded by members as disgraceful, dishonorable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of knowledge, skill or judgement that demonstrates that he is either unfit to carry out professional responsibilities or that his certificates should be made subject to terms, conditions or limitations. The panel saw the video of an interview by Kingston Police Department of an eight-year old student who alleged that Ahluwalia undid the button of her pants and touched her sexually on a number of occasions when he tutored or babysat her. An official from the Children’s Aid Society (CAS)testified at the hearing that he also interviewed the student and that Ahluwalia’s name was placed on the Ontario Child Abuse Registry following the CAS investigation. The panel noted the consistency of the two witnesses’ testimony and found Ahluwalia guilty of professional misconduct. The panel ordered Ahluwalia’s Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member’s Name:
Jagdish Bhadauria also known as Jagdish Singh A panel of the Discipline Committee held a public hearing February 17-20 and March 5, 2003 into allegations of professional misconduct against Jagdish Bhadauria of Toronto. Bhadauria, 63, was certified to teach in 1970 and was employed as a teacher by the Toronto Board of Education, now known as the Toronto District School Board. Bhadauria represented himself at the hearing with the assistance of his daughter. He chose not to attend the March 5 hearing day. The allegations of professional misconduct against Bhadauria included issuing a document or documents that he knew or ought to have known contained false, improper or misleading statements; 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 Bhadauria wrote several letters in which he made accusations, threats and disgraceful comments against the director of education as well as members of the school board. The letters made reference to racial persecution, hypocrisy and the Montreal Polytechnic massacre. The board suspended Bhadauria for his actions from January to August 30, 1990 and terminated his permanent employment contract as of August 31, 1990. The panel found Bhadauria guilty of professional misconduct and ordered his Certificates of Registration and Qualification suspended for a period of 18 months, including eight months already served when he was suspended by the board. The panel also ordered Bhadauria reprimanded and stated that if Bhadauria presented himself to be reprimanded by the committee, the remainder of the penalty would be suspended. Bhadauria did not attend the session scheduled for the reprimand and the remainder of the suspension will be served. The decision of the panel appears on the College’s public register. Member’s Name:
Lubomira (Mira) Bondar A panel of the Discipline Committee held a public disciplinary hearing over a number of days in March, April and July 2002 into allegations of professional misconduct against Lubomira (Mira) Bondar of Toronto. Bondar, 51, was certified to teach in 1983 and was employed as a teacher by the Peel District School Board. Bondar represented herself at the hearing. The allegations against Bondar included failing to maintain the standards of the profession; abusing students verbally, psychologically or emotionally; failing to comply with the Education Act; performing acts that would reasonably be regarded by members as disgraceful, dishonorable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of knowledge, skill or judgement that demonstrates that she is either unfit to carry out professional responsibilities or that her certificates should be made subject to terms, conditions or limitations. The panel heard testimony from a number of experienced educators, both teachers and administrators, over seven days of hearings. The witnesses testified about Bondar’s frequent tardiness and undocumented absences, lack of classroom management skills, failure to evaluate students and teach the curriculum and the abusive manner in which she berated and treated students. The panel also heard about Bondar’s failure to accept advice, discipline and instruction from her colleagues and administrators. The panel noted that Bondar had to be reminded not to abuse the process during her cross-examination of witnesses and to address the allegations against her when she testified on her own behalf. The panel found that three formal teacher evaluations submitted as evidence demonstrated that Bondar failed to meet the standards of the profession, engaged in conduct unbecoming a member and was incompetent as a teacher. The panel found Bondar 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’s Name:
David Edward Cummins A panel of the Discipline Committee held a public hearing on December 17, 2002 into allegations of professional misconduct against David Edward W. Cummins, of Pickering. Cummins, 58, was certified to teach in 1964 and was employed as a teacher, vice-principal and principal by the Toronto District School Board. Cummins attended the hearing and was represented by counsel. The allegations of professional misconduct against Cummins included failing to maintain the standards of the profession; abusing a student sexually, verbally, psychologically or emotionally; failing to comply with the Education Act; committing acts that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of knowledge, skill or judgement that demonstrates that he is either unfit to carry out professional responsibilities or that his certificates should be made subject to terms, conditions or limitations. The panel received an agreed statement of facts in which Cummins pleaded no contest to the allegations as well as a submission on penalty. The panel heard that Cummins developed a sexual relationship with an 11-year old boy who was his student in Grade 6. The relationship lasted for years and included mutual oral sex and fondling. The events happened on camping trips, at Cummins’ home and in a motel. Cummins instructed the victim to be keep what was happening secret and that it was a normal thing to happen when two people cared for each other. In October 1997, Cummins was acquitted in Ontario Court of all charges relating to the allegations of sexual abuse and misconduct made by the student. The panel also heard evidence that Cummins kissed, fondled the breasts and laid naked from the waist down on top of a female high school student. The student was about 17 years old at the time. Cummins resigned his position with the board in June 1998. The panel was presented with an agreed statement of facts for a plea of no contest and found Cummins guilty of professional misconduct. The panel ordered Cummins’ Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member’s Name:
Charles Edward Dungey A panel of the Discipline Committee held a public disciplinary hearing on December 16, 2002 into allegations of professional misconduct against Charles Edward Dungey of London. Dungey, 43, was certified to teach in 1993 and was employed as a teacher by the Thames Valley District School Board. Dungey did not attend the hearing but was represented by counsel. The allegations against Dungey included failing to maintain the standards of the profession; failing 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 accepted an agreed statement of facts and a guilty plea admitting that Dungey was charged by the London Police Service with unlawful possession and production of marijuana for trafficking and receiving proceeds from trafficking. Dungey had pleaded guilty to the criminal charge and received a fine for the offences. The panel ordered Dungey ‘s Certificates of Qualification and Registration suspended for a period of two years commencing December 16, 2002. The panel also ordered Dungey to be reprimanded. The finding of professional misconduct and the notice of the suspension and reprimand appear on the College’s public register. Member’s Name:
William Andrew Ghent A panel of the Discipline Committee held a public hearing on February 13, 2003 into allegations of professional misconduct against William Andrew Ghent of Calgary. Ghent, 45, was certified to teach in Ontario in 1982 and was employed as a teacher by the Calgary Board of Education. Ghent chose not to attend or be represented at the hearing. The allegations against Ghent included failing to maintain the standards of the profession; abusing a student sexually, verbally, psychologically or emotionally; failing to comply with the Education Act; contravening a law that is relevant to his suitability to hold Certificates of Registration and Qualification; contravening a law that has caused students under his supervision to be put or to remain at risk; committing acts that would reasonably be regarded by members as disgraceful, dishonorable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of knowledge, skill or judgement that demonstrates that he is either unfit to carry out professional responsibilities or that his certificates should be made subject to terms, conditions or limitations. The panel heard evidence related to two incidents where Ghent fondled and touched a Grade 10 female student in his class. In one incident, Ghent placed his hands inside the student’s clothing and kissed her on the cheek and down her neck. In the second incident, he unzipped the student’s coat, felt her back, squeezed her buttocks and touched her breasts outside her fleece jacket. Ghent was convicted criminally in 2002 of sexual assault and sexual exploitation in relation to these incidents and received a conditional sentence of six months and 18 months probation. The panel found Ghent 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:
Elizabeth Ann Jeffrey also known as Elizabeth Ann Carter A panel of the Discipline Committee held a public hearing on March 20, 2003 into allegations of professional misconduct against Elizabeth Ann Jeffrey, of Mississauga. Jeffrey, 31, was certified to teach in 1996 and was employed as a teacher in a private school. Jeffrey attended the hearing and was represented by counsel. The allegations of professional misconduct against Jeffrey 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 Ontario College of Teachers Act; committing acts that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional and engaging in conduct unbecoming a member. The panel received from the College’s counsel and Jeffrey’s counsel a memorandum of agreement in which Jeffrey’s pleaded guilty to professional misconduct as alleged. The panel heard that Jeffrey developed a sexual relationship with a 17-year-old student who was in her drama class and was receiving tutoring from her. Jeffrey allowed the student to engage in inappropriate behaviour like snapping her bra straps, tickling her and picking her up and swinging her on his shoulders. Jeffrey also admitted that the relationship was sexual in nature. Jeffrey admitted to the relationship to the student’s mother and promised that she would stay away from the student. She continued the relationship with the student despite promising otherwise. She was later cautioned by the principal about boundary issues with students, but continued to have the relationship with the student. Jeffrey resigned her position at the school in May 2002. The panel accepted the memorandum of agreement and found Jeffrey guilty of professional misconduct. The panel ordered her Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member’s Name:
David Brian Lynch A panel of the Discipline Committee held a public hearing on March 27, 2003 into allegations of professional misconduct against David Brian Lynch. Lynch was certified to teach in 1994 and was employed as a teacher in a private school. Lynch did not attend the hearing and was not represented by legal counsel. The allegations against Lynch included: failing to maintain the standards of the profession; failing to comply with the Education Act; committing acts that would reasonably be regarded by members as disgraceful, dishonorable or unprofessional; engaging in conduct unbecoming a member; and displaying a lack of knowledge, skill or judgment that demonstrates that he is either unfit to carry out professional responsibilities or that his certificates should be made subject to terms, conditions or limitations. The panel received an agreed statement of facts, a guilty plea and a joint submission on penalty submitted by the College's counsel and Lynch. The panel received evidence that Lynch was charged with three counts of possession of child pornography. He pleaded guilty to one count related to having in his possession child pornography depicting children under the age of 18 in sexually explicit poses. Lynch was sentenced to a nine-month conditional sentence and 24 months probation. Lynch is also subject to terms such as being prohibited from attending a public park or public swimming area where persons under the age of 14 are present or can be reasonably expected to be present, or a daycare centre, school ground, playground or community centre. He is also prohibited from seeking, obtaining or continuing any employment that involves being in a position of trust or authority towards persons under the age of 14. The panel accepted the agreed statement of facts, a guilty plea and a joint submission on penalty and ordered his Certificates of Qualification and Registration revoked immediately. Lynch undertook not to seek reinstatement and not to teach or seek employment with any educational institution, public or private, whatsoever in Ontario. The decision of the panel appears on the College’s public register. Member’s Name:
William Francis Majovsky A panel of the Discipline Committee held a public hearing on October 10, 2002 into allegations of professional misconduct against William Francis Majovsky of Sarnia. Majovsky, 48, was certified to teach in 1991 and was employed as a teacher by the Lambton Kent District School Board. Majovsky chose not to attend or be represented at the hearing. The allegations against Majovsky included failing to maintain the standards of the profession; failing to comply with the Education Act; contravening a law that is relevant to his suitability to hold Certificates of Registration and Qualification; committing acts that would reasonably be regarded by members as disgraceful, dishonorable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of knowledge, skill or judgement that demonstrates that he is either unfit to carry out professional responsibilities or that his certificates should be made subject to terms, conditions or limitations. Witnesses testified at the hearing about three incidents in which Majovsky used physical discipline with students despite board policy prohibiting physical discipline. In the first incident, a parent complained that Majovsky pushed a student. A meeting was arranged with Majovsky and the parent and Majovsky was clearly told by the principal not to use physicial discipline with students. Following a second incident in which Majovsky pushed a student, the board wrote to Majovsky to warn him that his actions were inappropriate and could place his teaching career in jeopardy. Following a third incident in which he used physical force to remove a student from the classroom, Majovsky was suspended for five days and again warned about consequences. The panel also heard that Majovsky had been found guilty of three counts of physical assault on two victims as well as operating a motor vehicle in a manner dangerous to the public, failure to comply with an undertaking, two counts of failure to comply with a probation order, one count of threatening to cause death and theft exceeding $5,000. The panel found Majovsky guilty of professional misconduct and incompetence as a teacher and ordered his Certificates of Registration and Qualification revoked. Should Majovsky seek reinstatement in the future, the College would require, at his expense, proof of successful completion of an anger management program, a criminal records check, a psychological report attesting to his ability to control his behaviour and an assessment by an expert on potentially violent individuals. The decision of the panel appears on the College’s public register. Member’s Name:
Terence Julian Paul Munsey A panel of the Discipline Committee held a public hearing on December 17, 2002 into allegations of professional misconduct against Terence Julian Paul Munsey of Richmond Hill. Munsey, 50, was certified to teach in 1980 and was employed as a teacher by the Toronto District School Board. Munsey chose not to attend the hearing and was not represented by counsel. The allegations against Munsey included failing to maintain the standards of the profession; abusing a student sexually, verbally, psychologically or emotionally; failing to comply with the Education Act; committing acts that would reasonably be regarded by members as disgraceful, dishonorable or unprofessional and engaging in conduct unbecoming a member. The panel received an agreed statement of facts and plea of no contest indicating that Munsey developed an inappropriate relationship with a 17-year-old female who was a student of his in the 1990-1991 school year. The panel heard that Munsey attended a night club with the student, met the student at a party, met the student at a residence where she was babysitting, consumed alcohol in the presence of the student and engaged in sexual intercourse with her. The panel accepted the agreed statement of facts and guilty plea and found Munsey guilty of professional misconduct. The panel ordered Munsey’s Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member’s Name:
Robert James Peirce A panel of the Discipline Committee held a public hearing on February 12, 2003 into allegations of professional misconduct against Robert James Peirce of London. Peirce, 46, was certified to teach in 1983 and is employed as a teacher by the London Catholic District School Board. Peirce attended the hearing and was represented by counsel. The allegation against Peirce related to engaging in conduct unbecoming a member. The panel accepted an agreed statement of facts stating that Peirce, who had no authority in relation to the school’s senior football team, attended the locker room of the team and conducted searches of the personal belongings of some students while they were away at a football game. Peirce contravened the board’s guidelines on such matters. Peirce accepted that the matter constituted professional misconduct and pleaded guilty to the allegation that his conduct was unbecoming a member. The panel found Peirce guilty of professional misconduct and ordered his Certificates of Registration and Qualification suspended for a period of two months from February 22 to April 21, 2003. The decision of the panel appears on the College’s public register. Member’s Name:
Ernest James Matthew Robinson A panel of the Discipline Committee held a public hearing on December 6 into allegations of professional misconduct against Ernest James Matthew Robinson of Mississauga. Robinson, 48, was certified to teach in 1984 and was employed as a teacher by the London District Catholic School Board. Robinson attended the hearing and was represented by counsel. The allegations against Robinson 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; contravening a law that is relevant to his suitability to hold Certificates of Registration and Qualification; committing acts that would reasonably be regarded by members as disgraceful, dishonorable or unprofessional and engaging in conduct unbecoming a member. Robinson pleaded no contest to the allegations against him at the hearing, with the exception of the allegation that he abused a student physically, sexually, verbally, psychologically or emotionally. Robinson’s counsel argued that the allegation did not apply because the alleged victim was not a student of Robinson and did not attend the school where Robinson was teaching. The panel rejected that submission from counsel. The panel heard evidence that Robinson engaged in a chat line conversation with a 13-year-old female student under the deception that his name was Jeff Matthews and that he was a high school football player. Robinson gave the victim his phone number and subsequently told her his real name and age in a phone conversation. Robinson later met the student, put his hands on her leg and kissed her. On another occasion, he visited the student at her home while her parents were away and had sexual intercourse with her. The relationship lasted three to four months and Robinson continued to have sexual intercourse with the victim at her home or at his apartment. Robinson was found guilty in March 2000 of two counts of touching for a sexual purpose and sexual assault. He received a 12-month sentence and was put on probation for two years during which time he was not to associate with any female under the age of 16 except in the presence of another adult. He is also prohibited from participating in any chat line service. Robinson appealed his conviction and lost the appeal. The panel accepted Robinson’s plea of no contest and found him guilty of professional misconduct on all of the allegations against him. The panel ordered Robinson’s Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member’s Name:
Laura Glen Sclater A panel of the Discipline Committee held a public hearing on November 29, 2002 into allegations of professional misconduct against Laura Glen Sclater of Barrie. Sclater, 33, was certified to teach in Ontario in 1994 and was employed as a teacher by the Simcoe County District School Board. Sclater attended the hearing and was represented by counsel. The allegation against Sclater was that she engaged in conduct unbecoming a member. The panel received an agreed statement of facts and a joint submission on penalty by the College’s counsel and the member’s counsel at the hearing. The agreed statement of facts indicated that Sclater wrote a series of letters to a 13-year-old male student of hers. The letters led to a first complaint to the College and a Fitness to Practise hearing that resulted in conditions being placed on Sclater’s certificates. The parents also launched a lawsuit against the teacher and the board. Police investigated the matter but did not lay charges as the student confirmed that there had been no physical contact between the teacher and him. Within weeks of Sclater returning to the classroom in September 2000, new allegations of sexual misconduct surfaced. Sclater was charged with sexual assault, sexual interference and invitation to sexual touching. The allegations concerning sexual misconduct were also added to the lawsuit against Sclater. Sclater was found not guilty of the criminal charges in July 2002 and the judge who heard the case indicated that the victim was not a reliable witness and expressed concerns about the conduct of the victim’s mother. Following Sclater’s acquittal, the family dropped the lawsuit against her. The allegations of sexual misconduct were withdrawn by the College. The panel found Sclater guilty of professional misconduct and ordered her reprimanded. The conditions placed on Sclater’s Certificates of Registration and Qualification following the Fitness to Practise hearing remain in effect. The decision of the panel and the notice of reprimand appear on the College’s public register. Member’s Name:
Name Withheld A panel of the Discipline Committee held a public hearing on October 2, 2002 into allegations of professional misconduct against an experienced male teacher. The parties at the hearing agreed on a settlement that included the withdrawal of the Notice of Hearing and of all the allegations against the teacher. The agreement also stipulated that the teacher was to receive a reminder of his professional responsibilities and undertake to complete a course on boundaries between teachers and students. As well, the teacher agreed to undergo a psychological assessment on matters of sexuality and adolescent development. The assessment will be forwarded to the College. The complaint against the teacher related to comments and gestures he made towards a female teenage student at his school. The teacher allegedly told the student she was sexy and touched her in a manner that made her uncomfortable. The teacher also told the student they would make a nice couple. The teacher also allegedly made inappropriate comments to students in his class about his wife, having been sexually assaulted by a woman and having been abducted by aliens. He also gave 13-year-old students dictation or questionnaires from novels in which a male character touches the breasts of a female character, a young couple is making love and a young man is hiding pornographic material under his bed. The panel agreed to withdraw the Notice of Hearing and gave the teacher a verbal admonishment a reminder as to his professional responsibilities. Member Name:
Name Withheld A panel of the Discipline Committee held a public hearing on February 10, 2003 into allegations of professional misconduct against a member of the College who provided false information to a school board on his Statement of Experience. A motion was presented to the panel to request that the Notice of Hearing be withdrawn and that the member be allowed to explain in writing his participation in the events that led to a complaint being lodged with the College. The member wrote in his explanation that he had provided documents to his wife to send to a school board. His wife proceeded on her own to reorganize the information in a way that made it inaccurate and sent it to the board without her husband’s knowledge that the information had been modified. The panel accepted the motion with the provision that the matter be published in Professionally Speaking, without the Member’s Name, as a message to the profession that members need to accept full and absolute responsibility for information sent in their name. Panel members also provided guidance to the member in this case. The Notice of Hearing was withdrawn and the decision of the panel will not appear on the College’s public register.
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