Governing Ourselves informs members of legal and regulatory matters affecting the profession. This section provides updates on licensing and qualification requirements, notification of Council resolutions and reports from various Council committees, including reports on accreditation and discipline matters.
HEARINGS
Three-member panels of the Discipline Committee conduct public hearings into cases of alleged incompetence or professional misconduct. The panels are a mix of elected and appointed Council members.
Members found guilty of incompetence or professional misconduct may have their certificate revoked, suspended or limited. In professional misconduct matters only, the committee may also reprimand, admonish or counsel the member, impose a fine, order the member to pay costs or publish the order in Professionally Speaking. Discipline Committee panels have ordered that summaries of these recent disciplinary cases be published in Professionally Speaking. Copies of the full decisions are available at www.oct.ca.
Also available online are decisions and memorandums of agreement ratified by Investigation Committee panels that explicitly stipulate that documents will be made available through the College’s library or Quicklaw, a legal subscription service, or other means.
Member: Antonio Raco
Registration number: 169219
Decision: Revocation
A Discipline Committee panel revoked the teaching certificate of Windsor-Essex Catholic DSB teacher Antonio Raco for conduct leading to a criminal conviction for sexual assault involving minor students.
Raco was certified to teach in June 1979. Neither he nor representative legal counsel attended the hearing on September 15 and November 17, 2011.
Working at several schools in the district over 14 years, Raco “fostered a flirtatious and sexual atmosphere in his classroom.”
In October 2009, the Ontario Superior Court convicted Raco of sexual assault, for which he was sentenced to six months in jail followed by three years probation. The conditions of probation held that Raco take rehabilitative programs for sexual offending, that he not associate with two students, their families or any former students who were witnesses at the trial, that he not be in the presence of anyone under 16 without adult supervision and that he not assume a teaching role with anyone under 16.
Having considered the evidence, onus and standard of proof and the submissions of College counsel, the Discipline Committee panel found Raco guilty of professional misconduct and ordered the Registrar to revoke his Certificate of Qualification and Registration.
“The member created a group of females who were his favourites,” the Discipline Committee panel said in its decision. “He controlled this group by including them when they pleased him or ostracizing them or causing them to be ostracized by the others when they displeased him. He often played the ‘red light, green light’ game with them. In this game he would place his hand on their leg, approximately at the knee, and start to move it upwards. At some point the student would say ‘red light’ at which time he would stop immediately. Evidence further indicates that the member engaged in sexual assault and touching students for sexual purposes that included touching a student’s breast over her bathing suit, unbuttoning the top button of a student’s blouse and kissing a student.
“These were unwanted touchings of vulnerable children to which they, by virtue of their age, were unable to legally consent. Even if they were legally able to consent, that consent would have been vitiated by the member’s position of trust as their teacher.
“The member, having been convicted of two counts of sexual assault and one count of touching students for a sexual purpose, demonstrates that he should not be a teacher in a position of trust and authority,” the panel said. “The committee finds the member’s conduct is disgraceful and unbecoming a member of the profession.”
A notation regarding the revocation appears on the member’s certificate online at www.oct.ca
Member: Not identified
Decision: Revocation
A Discipline Committee panel revoked the teaching certificate of a Durham DSB teacher for sexually abusing a student.
The member, who was certified to teach in June 2001, represented herself at the November 24, 2011 public hearing.
Between December 2008 and February 2009, the member developed a personal and sexual relationship with the student that involved her kissing the student, performing fellatio, allowing him to touch her breasts and undressing in front of him after they had finished running and training together.
The panel heard evidence that the member was found guilty in criminal court in July 2009 for assault on the student. She was sentenced to 45 days in jail and a 12-month conditional sentence, during which she was to be confined to her home. As well, she was prohibited from seeking, obtaining or continuing employment and for 10 years volunteering in a capacity that involved being in a position of trust or authority toward anyone under 16.
She resigned from the board in August 2009.
Having considered the evidence, onus and standard of proof and the submissions of legal counsel, the Discipline Committee panel found the member guilty of professional misconduct and ordered the Registrar to revoke her Certificate of Qualification and Registration.
The panel decided to withhold the member’s name from publication in Professionally Speaking on the grounds that publication of her name might identify the victim. A notation regarding the revocation appears on the member’s certificate online www.oct.ca
Member: Gavin John Bradford
Registration number: 472405
Decision: Revocation
A Discipline Committee panel revoked the teaching certificate of Gavin John Bradford for inappropriate, sexually laced electronic communication with female students.
Bradford was certified to teach in August 2004. He did not attend the November 24, 2011 hearing, nor was he represented.
The former Halton DSB intermediate-level teacher used MSN Messenger or webcam to communicate on several occasions with at least 21 female students during the 2006–07 school year, in several cases late at night. He also spoke inappropriately with students at school.
For example, Bradford repeatedly asked a student to wear a white shirt and pour or spill water on herself, at least once asking that she do it in front of the webcam while he watched. He asked several girls if they would let him put a pie down their pants and reciprocate by doing the same to him. He told another student he would let her put mud down his pants and asked two others to make a video “peeing” their pants while they were on webcam. Further, he told students his favourite swear words and demonstrated using them in a sentence.
“The behaviour may have started out innocently but escalated to the point of using vulgar language and making improper suggestions of an explicit sexual nature,” the Discipline Committee panel said.
Having considered the evidence, onus and standard of proof and the submissions of College counsel, the Discipline Committee panel found Bradford guilty of professional misconduct and ordered the Registrar to revoke his Certificate of Qualification and Registration.
A notation regarding the revocation appears on the member’s certificate online at www.oct.ca
Member: Not identified
Decision: Reprimand, conditions
A Discipline Committee panel reprimanded a Durham Catholic DSB music teacher for using the confiscated cell phone of a male student to send text messages to a female student. The member, who was certified to teach in December 2005, attended the February 2, 2012 hearing with legal counsel.
The panel heard evidence that the member used the male student’s phone to tell the female student, “I think you are cute” and to ask, “What are you doing this weekend?” The member also told the female student, “I like your pyjamas” while she was standing next to a vending machine during a school pyjama day.
Having considered the evidence, onus and standard of proof and the submissions of legal counsel, the Discipline Committee panel found the member guilty of professional misconduct.
The member was ordered to face the panel following the hearing for a reprimand and was directed to complete a course in appropriate boundaries and boundary violation issues at his own expense.
A notation regarding the order appears on the member’s certificate online at www.oct.ca
Member: Lance Mathew Moffat, OCT
Registration number: 474428
Decision: Reprimand
A Discipline Committee panel ordered Near North DSB teacher Lance Mathew Moffat to face a reprimand for removing and storing his school’s emergency generator in his garage for an extended period without authorization.
Moffat, who was certified to teach in August 2004, did not attend the February 22, 2012 hearing but was represented by legal counsel.
In or around October 2007, Moffat took the emergency generator from the school, stored it in his garage and failed to report the theft or loss in a timely manner to the school principal.
Having considered the evidence, onus and standard of proof and the submissions of legal counsel, the Discipline Committee panel found the member guilty of professional misconduct. He was ordered to face the committee panel before June 30, 2012 to receive a reprimand.
“By removing the emergency generator, the member put the safety of the school and students at risk,” the panel said. “The committee further acknowledges that publication with name acts as a specific deterrent to this member and serves to deter the profession from engaging in similar conduct.”
A notation regarding the order appears on the member’s certificate online at www.oct.ca
