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Discipline Panel Decisions

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

MEMBER'S NAME: PUBLICATION BANNED
DECISION: Guilty of ProfessionalMisconduct; Certificates of Registration and Qualification Revoked

A panel of the Discipline Committee held a public disciplinary hearing on November 12, 2002 into allegations of professional misconduct against SF of Eastern Ontario. SF, 43, was certified to teach in 1984 but never worked as a teacher. SF attended the hearing.

To protect the identity of the victims, a court-imposed ban prevents the identification of the teacher, except for the use of two initials, and the identification of his place of residence. The committee imposed a similar ban for the same reasons.

The allegations against SF included failing to maintain the standards of the profession; failing to comply with the Education Act or the regulations under the Act; contravening an act 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 signed by SF and the College's counsel. The statement of facts acknowledged that SF was convicted in 1999 of five counts of assault and two counts of sexual assault against adult female A and two counts of assault against male child B.

SF contended at the College's disciplinary hearing that the evidence presented in court was inflammatory and that the charges related to a custody dispute occurring several years after the alleged events took place. He has attended and continues to attend counselling and took a six-week anger management course. SF also continues to deny the events for which he was convicted.

The panel found SF 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'S NAME: AMY NICOLE GEHRING
REGISTRATION NUMBER: 431003
DECISION: Guilty of Professional Misconduct; Certificates of Registration and Qualification Revoked; Fees; Reprimand

A panel of the Discipline Committee held a public disciplinary hearing on April 30 and May 1, 2002 into allegations of professional misconduct against Amy Nicole Gehring of Otterville. Gehring, 27, was certified to teach in 2000 and was employed as a teacher by TimePlan in England. Gehring and her counsel chose not to attend the hearing.

The allegations against Gehring 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 or the regulations under the Act; committing an act that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member.

The panel heard testimony of witnesses from the United Kingdom via teleconference.

The first witness, a 17-year-old student, testified that he exchanged phone numbers with Gehring and visited her at her home. The student told the panel he had some wine and engaged in sexual intercourse with Gehring and spent the night at her place.

The student's mother testified that the student became quite withdrawn for a couple of weeks and spent a couple of months isolated, not really going out with his friends or having contact with them following the incidents.

The principal of the school where Gehring taught testified that the publicity surrounding the events involving Gehring had clearly been detrimental and damaging to the teaching profession in the United Kingdom.
A police constable in the UK testified that she had conducted an investigation in 2001 regarding allegations against Gehring, including that she had sexual relationships with students. The constable testified that three students alleged that they had had a sexual relationship with Gehring and charges of indecent assault were laid in relation to these allegations.

The judge in the UK directed the jury to find Gehring not guilty of indecent assault in one case. The jury found her not guilty of indecent assault in the other two cases. The constable indicated that under antiquated British law at the time - new legislation is now in place - it was not an act of indecent assault for a woman to have sexual intercourse with boys under the age of 16, unless there was some hostile act on her part.

A second police officer testified at the hearing that he had talked to Gehring in 2000 about allegations against her, including that she had had sex with a 16-year-old student. Gehring denied the allegations, but admitted that she had given her phone number to students.

The panel also viewed a videotaped interview of Gehring in the UK in which she admitted drinking and having sexual relationships with students.

An agreed statement of facts presented to the panel included an admission to some of the allegations raised against Gehring, but excluded "abusing a student physically, sexually, verbally, psychologically or emotionally."

The panel accepted the agreed statement of facts and found Gehring guilty of professional misconduct. The panel indicated that it also found Gehring guilty of all the allegations, including that she abused students sexually or emotionally.

The panel ordered Gehring's Certificates of Registration and Qualification revoked immediately and ordered her to pay hearing costs of $10,000 to the College. The panel ruled that Gehring's refusal to plead guilty to the allegations of sexual misconduct despite the evidence against her resulted in a more costly and complex hearing.

As well, the panel ordered Gehring reprimanded and indicated that she may not seek reinstatement for 10 years. Should Gehring seek reinstatement, she must undergo a forensic psychiatric assessment and an assessment by an educational psychologist indicating that she has a clear understanding of boundary issues, that the risk of repeating the acts of professional misconduct are negligible and that she is suitable to hold Certificates of Registration and Qualification.

The decision of the panel appears on the College's public register.

MEMBER'S NAME: PETER JOSEPH KAISER
REGISTRATION NUMBER: 153725
DECISION: Guilty of Professional Misconduct; Certificates of Registration and Qualification Revoked, Fine and Reprimand

A panel of the Discipline Committee held a public disciplinary hearing on July 4, 2002 into allegations of professional misconduct against Peter Joseph Kaiser of Uxbridge. Kaiser, 50, was certified to teach in 1976 and was employed as a teacher by the Durham Board of Education, now known as the Durham District School Board. Kaiser chose not to attend the hearing but was represented by counsel.

The allegations against Kaiser 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 or the regulations under the Act; committing an act that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member; and displaying lack of knowledge, skill or judgement or a disregard for the welfare of students.

The panel received as evidence a document in which Kaiser pleaded no contest to the allegations. The allegations related to Kaiser engaging in an inappropriate relationship with two female students, aged 16 and 15 at the time of the events.

The incidents involving the first victim included kissing, sexual touching, sexual innuendoes and unwanted physical contact.

Kaiser taught Grade 9 Science to the second victim. He became increasingly involved with her as a guidance counsellor when her father died. She was about to start Grade 10 at that time. Kaiser's relationship with the student progressed from kissing to sexual intercourse. When the student terminated the relationship in Grade 12, Kaiser became verbally abusive to the victim.

The panel accepted Kaiser's plea of no contest and noted that his behaviour was reprehensible because he abused his position of trust and authority by grooming a female student at a time when she was especially vulnerable.

The panel ordered Kaiser's Certificates of Registration and Qualification revoked. The panel also ordered that Kaiser be reprimanded and that he be fined $5,000 payable to the Minister of Finance. The panel also ordered that Kaiser may not apply for reinstatement with the College for a period of 10 years.

The decision of the panel appears on the College's public register.

MEMBER'S NAME: WILLIAM MAGDA
REGISTRATION NUMBER: 155363
DECISION: Guilty of Professional Misconduct; Certificates of Registration and Qualification Revoked

A panel of the Discipline Committee held a public disciplinary hearing on May 15, 2002 into allegations of professional misconduct against William Magda of Ancaster. Magda, 50, was certified to teach in 1976. Magda chose not to attend the hearing. He was represented by counsel, but his counsel also chose not to attend the hearing.

The allegations against Magda 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 or the regulations under the Act; contravening a law relevant to his suitability to hold Certificates of Registration and Qualification; contravening a law, which has caused or may cause a student under his supervision to be put at risk or to remain at risk; committing an act that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member; and displaying lack of knowledge, skill or judgement that demonstrates a disregard for the welfare of students, to the extent that he is either unfit to carry out his professional duties or that his certificate should be subject to terms, conditions or limitations.

The panel accepted an agreed statement of facts signed by Magda's counsel and the College's counsel in which Magda admitted inappropriately touching a number of Grade 8 female students. Magda was convicted on four counts of common assault in December 2000 and sentenced to a conditional discharge and one year's probation.

Magda also made inappropriate advances to female teachers at the school where he taught. Magda pleaded guilty to two counts of assault with regards to these incidents, received a suspended sentence and was put on probation for 18 months.

Magda was dismissed by the school board, which cannot be named to protect the identity of the victims, in November 2001.

The panel accepted the agreed statement of facts, found Magda guilty of professional misconduct and ordered Magda's Certificates of Registration and Qualification revoked.

The decision of the panel appears on the College's public register.

MEMBER'S NAME: NICOLA (NICK) MICOMONACO
REGISTRATION NUMBER: 155627
DECISION: Guilty of Professional Misconduct; Certificates of Registration and Qualification Revoked

A panel of the Discipline Committee held a public disciplinary hearing on November 26, 2002, into allegations of professional misconduct against Nicola Micomonaco of Sault Ste. Marie. Micomonaco, 52, was certified to teach in 1975 and was employed as an information technology co-ordinator by the Huron-Superior Catholic District School Board. Micomonaco chose not to attend or be represented at the hearing.

The allegations against Micomonaco included failing to maintain the standards of the profession; failing to comply with the Education Act or the regulations under the Act; 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 signed by Micomonaco and the College's counsel. The statement of facts indicates Micomonaco sold to third parties computers and computer equipment paid for by the board. Micomonaco kept for his own benefit the funds paid by the purchasers who either believed Micomonaco was properly authorized by the board to sell the equipment or that he had made proper arrangements to buy it on their behalf.

The proceeds of the sales totalled approximately $348,837. Micomonaco admitted his wrongdoing, agreed to make restitution of the money and resigned from his position with the school board as of February 2001.
The panel found Micomonaco 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: PAUL JAMES MULVANEY
REGISTRATION NUMBER: 430223
DECISION: Guilty of Professional Misconduct; Certificates of Registration and Qualification Revoked

A panel of the Discipline Committee held a public disciplinary hearing on July 9, 2002 into allegations of professional misconduct against Paul James Mulvaney of Sarnia. Mulvaney, 44, was certified to teach in 1999 and was employed as a teacher by the Lambton-Kent District School Board. Mulvaney chose not to attend or be represented at the hearing.

The allegations against Mulvaney included failing to maintain the standards of the profession; failing to comply with the Education Act or the regulations under the Act; committing an act 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 a disregard for the welfare of students, to the extent that he is either unfit to carry out his professional duties or that his certificate should be subject to terms, conditions or limitations.

Mulvaney, a technological education teacher, had completed the first part of his professional education program and received a Certificate of Qualification (Limited) after he provided proof of an offer of employment.
The discipline panel heard evidence that Mulvaney had been reprimanded twice by his principal, once for a leave without permission, and another time for inappropriate behaviour in the classroom.

The panel also heard that all of Mulvaney's performance reviews by the principal, the vice-principal, the technology director and the liaison from the faculty of education indicated that he was not successful as a teacher.

The panel also heard from a police officer that Mulvaney was arrested and charged with two offences of uttering threats. The charges against Mulvaney were withdrawn and a peace bond was entered into, requiring Mulvaney to keep the peace and be of good behaviour for 12 months. He was also required to satisfy specific conditions including staying away from the school and not possessing firearms or other restricted or prohibited weapons.

The school board dismissed Mulvaney in May 2000.

The panel found Mulvaney 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'S NAME: JOSEPH MANUEL A. STRONG
REGISTRATION NUMBER: 129130
DECISION: Guilty of Professional Misconduct; Certificates of Registration and Qualification Surrendered

A panel of the Discipline Committee held a public disciplinary hearing on November 6, 2002, into allegations of professional misconduct against Joseph Manuel A. Strong of Weston. Strong, 61, was a teacher with the Toronto Metropolitan Separate School Board, now the Toronto Catholic District School Board, at the time of the events. Strong attended the hearing and was represented by counsel.

The allegations against Strong 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 or the regulations under the Act; committing an act that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member; and displaying lack of knowledge, skill or judgement that demonstrates a disregard for the welfare of students, to the extent that he is either unfit to carry out his professional duties or that his certificate should be subject to terms, conditions or limitations.

PLEADS NO CONTEST
Strong pleaded no contest to the allegations against him, namely that he touched in a sexual manner two Grade 4 female students in his class. The events occurred in 1967-68 and happened in the classroom, on a train during an excursion and in Strong's car.

Strong was charged in 1997 and convicted of three counts of sexual assault under the Criminal Code in December 1998. He appealed the conviction, which was quashed by the Court of Appeal. Strong had served his full sentence by then. The health of one of the complainants prevented the Crown from proceeding with a new trial.

The panel received a joint submission on penalty signed by the College's counsel and Strong's counsel. The panel found Strong guilty of professional misconduct and accepted the joint submission on penalty by which Strong surrenders his Certificates of Registration and Qualification and agrees not to seek reinstatement or employment with any private or public educational institution at any time in the future. The decision of the panel appears on the College's public register.

MEMBER'S NAME: LAURENCE RICHARD WAUGH
REGISTRATION NUMBER: 233709
DECISION: Guilty of Professional Misconduct; Certificates of Registration and Qualification Suspended; Reprimand

A panel of the Discipline Committee held a public disciplinary hearing on September 24, 2002 into allegations of professional misconduct against Laurence Richard Waugh, who lived in Walkerton at the time of the events. Waugh, 52, was certified to teach in 1980 and was employed as a teacher with the Bluewater District School Board. Waugh, who now lives in Attawapiskat, attended the hearing.

The allegations against Waugh included committing an act that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

The panel accepted a guilty plea and an agreed statement of facts signed by Waugh and the College's counsel. The panel also accepted a joint submission on penalty from both parties.

Waugh, a Technical Studies Specialist who had completed the Workplace Hazardous Materials Information System (WHMIS) training, acknowledged that he smelted lead - a designated substance under the Health and Safety Act - in the school's machine shop after school hours on five or six occasions, putting at risk the health and well-being of students and staff in the school.

The panel found Waugh guilty of professional misconduct, ordered his Certificates of Registration and Qualification suspended for a period of one year and deemed the suspension to have been served between January 2001 and December 2001. The panel also ordered Waugh to be reprimanded. The decision of the panel appears on the College's public register.


Dispute Resolution

MEMBER'S NAME: Shannon Lee Brown
REGISTRATION NUMBER: 283739
DECISION: Certificates of Qualification and Registration Cancelled

On February 22, 2002, following a school board notification, the Registrar initiated a complaint against Shannon Lee Brown for allegedly engaging in an inappropriate relationship of a sexual nature with an adult male student.

The terms of an agreement between the Registrar and the member, ratified by the College's Investigation Committee, follow. Brown agreed to:

  • resign her membership in the College
  • the cancellation of her certificate by the Registrar
  • not to reapply for College membership for five years
  • not teach in any elementary, secondary, public, private or separate school
  • the publication of her name, a summary of the complaint and its resolution in Professionally Speaking
  • the College notifying education authorities routinely informed ofsuch disciplinary action of the cancellation of the member's certificate.

Member's Name: Jayson Donald Oyston
Registration Number: 277194
Decision: Certificates of Qualification and Registration Cancelled

Following a report from the Brant-Haldimand-Norfolk Catholic District School Board, the Registrar initiated a complaint against Jason Donald Oyston regarding allegations involving sexual intercourse and other sexual acts with a female secondary school student.

The Investigation Committee ratified a memorandum of agreement between the member and the Registrar in which Oyston agreed to:

  • resign his membership in the College
  • the cancellation of his certificate by the Registrar
  • not reapply for membership in the College for three years
  • not teach in any elementary, secondary, public, private or separate school
  • the publication of his name, a summary of the complaint and the nature of the resolution in Professionally Speaking
  • a notation on the public register that on November 29, 2002, he resigned his membership in the College and that the Registrar cancelled his certificate. The notation also states that, at the time of his resignation, a professional misconduct investigation was in progress regarding the member's inappropriate sexual relationship with a female student
  • College notification of the cancellation of the member's certificate to his former employer and the education authorities routinely informed of such disciplinary action.

Member's Name: Paul John Oliverio
Registration Number: 139273
Decision: Certificates of Qualification and Registration Cancelled

Following notice from the Ottawa-Carleton District School Board, the Registrar initiated a complaint against Paul John Oliverio for alleged sexual abuse of several male students receiving special education services. Oliverio denied the allegations and criminal proceedings did not occur as a result of these matters.

The College's Investigation Committee ratified an agreement between the Registrar and the member in which Oliverio agreed to:

  • resign his membership in the College and never reapply
  • not teach in any elementary, secondary, public, private or separate school
  • the publication of his name, a summary of the complaint and the nature of the resolution
  • a notation on the public registerindicating that the member resigned his membership in the College and that the Registrar cancelled his certificate. The notation also states that on May 24, 2001, a professional misconduct complaint was under investigation regarding the member's alleged inappropriate behaviour
  • the College notifying education authorities routinely informed of such disciplinary action of the cancellation of the member's certificate.


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