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Three-member panels of the Discipline Committee conduct public hearings into cases of alleged incompetence or professional misconduct. Panels are composed of elected and appointed Council members. The certificate of a member found to be incompetent or guilty of professional misconduct may be revoked, suspended, and/or made subject to terms, conditions or limitations. In findings of professional misconduct, the committee may also reprimand, admonish or counsel the member, impose a fine, and order the member to pay costs.
Summaries of recent disciplinary cases are published on the following pages. Copies of the full decisions are available at oct.ca → Members → Complaints and Discipline → Decisions.
The College publishes professional advisories, available at oct-oeeo.ca/ advisories, which are intended to inform members’ professional judgment and practice. For more information about the Ethical Standards for the Teaching Profession, please visit oct-oeeo.ca/ethical.
Member: Heather Anne Ashford-Smith
Registration No: 169392
Decision: Reprimand, conditions
A Discipline Committee panel directed Heather Anne Ashford-Smith, a Brampton private school teacher, to receive a reprimand for engaging in unprofessional behaviour with students.
Ashford-Smith, who was certified to teach in June 1977, did not attend the October 31, 2014, hearing, nor was she represented by a lawyer.
From the 2008 to 2011 school years, she occasionally spoke in a loud and shrill voice and/or yelled at her students. Her facial expressions were interpreted as angry and the students felt that her anger and frustration were directed toward them.
Ashford-Smith’s teaching strategies were also inappropriate for the age group for which she was responsible. For example, she had expectations that the children help themselves before she offered her support. Therefore, her students felt she refused to help them. Her classroom management strategies were not suitable, respectful or conducive to learning.
The member’s employment was terminated by the board in May 2011.
The Discipline Committee panel found the member guilty of professional misconduct based on the evidence, onus and standard of proof, an agreed statement of facts and joint submission on penalty, the submissions made by College counsel, and a guilty plea.
She was directed to appear before the panel to receive a reprimand. As well, she was ordered to complete a pre-approved course at her own expense regarding classroom management and discipline strategies.
Member: Samantha Jane Biggs
Registration No: 469131
Decision: Revocation
A Discipline Committee panel revoked the certificate of Bluewater District School Board former teacher Samantha Biggs for physically, verbally, psychologically and emotionally mistreating students in her care and neglecting her teaching duties during class time.
Licensed to teach in July 2003, Biggs did not attend the hearings held on April 3 and 4, and September 15, 2014, nor was she represented by legal counsel.
Between September 2007 and December 2010 she committed acts of professional misconduct such as:
The panel heard evidence that Biggs exhibited a pattern of behaviour involving different students in different classes and different schools. Her behaviour also included instances of verbal, psychological and emotional abuse in her interactions with colleagues, parents and administration.
Administrators said she was defiant, full of denial and quick to blame others.
Having considered the evidence, submissions by College counsel and case law provided, as well as the advice of independent legal counsel, the Discipline Committee panel found the member guilty of professional misconduct and directed the Registrar to revoke her Certificate of Qualification and Registration.
The panel was troubled by her repeated behaviour of picking on the weak and vulnerable and found that “The member’s ongoing pattern of professional misconduct, with no evident interest on her part to remediate her practice, makes revocation the appropriate penalty.”
Member: Stephen John Courtney
Registration No: 494600
Decision: Reprimand, conditions
A Discipline Committee panel directed Stephen John Courtney, a former teacher of the Near North District School Board, to receive a reprimand for expressing remarks that constituted verbal, psychological and emotional abuse, and for using physical force with students.
Courtney, who was certified to teach in August 2005, attended the September 23, 2014, hearing, and was represented by a lawyer.
In December 2011, Courtney used inappropriate force while addressing a physical altercation between two male students. The board initiated an investigation and placed him on an administrative leave. The Children’s Aid Society confirmed the altercation resulted in superficial injury.
In its investigation, the board heard that Courtney made inappropriate gestures and insensitive comments to students, including:
He was suspended by the board for five days without pay.
In March 2012, Courtney raised his finger at the vice-principal and stated in an admonishing tone “If you continue to conduct yourself in this manner, you are going to piss a lot of people off.”
His employment was terminated in February 2013.
The Discipline Committee found him guilty of professional misconduct based on a memorandum of agreement (MOA), a plea of no contest, a joint submission on resolution and submissions from legal counsel. He faced the Discipline Committee panel immediately after the hearing to receive a reprimand and was ordered to take a course(s) on professional boundaries and cultural sensitivity.
In its written decision, the panel said, “It is important for teachers to establish strong, professional relationships with their students and colleagues.… It is deplorable for a teacher to embarrass and belittle students.”
Member: Ignatius George, OCT
Registration No: 269241
Decision: Reprimand, conditions
A Discipline Committee panel directed Ignatius George, a teacher of the Toronto Catholic District School Board, to receive a reprimand for using physical force with a male student.
The member, who was certified to teach in June 2002, attended the August 27, 2014, hearing with his legal counsel.
In May 2010, George intervened to end a situation where his student was spitting, hitting and kicking his educational assistant. When he approached the student, who attempted to punch him, George struck his face with his hand causing the student’s head to hit a wall behind him. His head was checked for swelling and there was none.
The Catholic Children’s Aid Society conducted an investigation and George was suspended for five days by the board.
The Discipline Committee panel found the member guilty of professional misconduct based on the evidence, onus and standard of proof, a statement of uncontested facts, a joint submission on penalty, a plea of no contest, and legal submissions. The member was directed to appear before the panel to receive a reprimand immediately following the hearing. As well, the member was ordered to complete a course on classroom management, which he did successfully.
Member: Jean-Paulo Guilherme, OCT
Registration No: 471610
Decision: Reprimand, conditions
A Discipline Committee panel directed Jean-Paulo Guilherme, a teacher of the Dufferin-Peel Catholic District School Board, to receive a reprimand for depositing a money order of $500 collected for a school trip into his personal credit union account.
Guilherme, who was certified to teach in October 2003, attended the October 22, 2014, hearing, and was represented by a lawyer.
In May 2009, Guilherme organized and collected students’ money for a school field trip. One student provided him with a $500 money order. It was never cashed and was believed to be lost. On March 2011, the money order in the amount of $500 was deposited into Guilherme’s credit union account through an automated teller machine.
He was charged with fraud under $5000 in 2011, terminated from his board in 2012 and given a conditional discharge on the fraud charge in 2012. He successfully appealed the discharge, which resulted in the charges being withdrawn by the Crown in 2013.
Based on the evidence, a memorandum of agreement and a joint submission on resolution the Discipline Committee ratified the memorandum of agreement and found the member guilty of professional misconduct. He was ordered to complete a course on professional ethics at his own expense. In its written decision, the panel said, “As a teacher, the member was expected to be a role model for his students. In this he failed.”
Member: Denis Joseph Marcel Levesque, OCT
Registration No: 265721
Decision: Reprimand, conditions
A Discipline Committee panel directed Denis Joseph Marcel Levesque, a teacher of the Halton District School Board, to receive a reprimand for engaging in unprofessional behaviour with students.
Levesque, who was certified to teach in August 1996, attended the September 15, 2014, hearing, and was represented by a lawyer.
Between January 2009 and January 2010 Levesque provided a female student with his personal email address and contact information for the purpose of communicating with the student’s father, and engaged in personal communications with the same student via MSN instant messaging.
He also drove her with other students in his personal vehicle and, on one occasion, drove her home alone after her father failed to pick her up.
Between January 2009 and February 2010, Levesque visited dating and other inappropriate websites on a computer belonging to the board. As a result, pornographic images were present on the board’s computer.
The Discipline Committee panel found the member guilty of professional misconduct based on the evidence, onus and standard of proof, an agreed statement of facts, a joint submission on penalty, submissions from both counsel, and a guilty plea.
He was directed to appear before the panel immediately following the hearing to receive a reprimand. As well, the member was ordered to complete a pre-approved course at his own expense regarding boundary violations. In its written decision, the panel said, “The development of electronic media is now firmly entrenched and has revealed many dangers for members of the profession. The ease of communication with students that this form of contact allows makes it easy to fall into precarious communication practices that could be deemed conduct unbecoming a member.”
Member: Joseph Mpitabakana
Registration No: 522280
Decision: Suspension, reprimand, conditions
A Discipline Committee panel ordered the Conseil scolaire de district catholique Centre-Sud teacher Joseph Mpitabakana to receive a suspension and, prior to accepting any teaching position requiring a Certificate of Qualification and Registration, the member is to appear before the Committee to receive a reprimand for professional misconduct.
Licensed to teach in July 2007, the member did not attend the March 24, 2014, and September 2, 2014, hearings, and was not represented by legal counsel.
During the 2010–11 school year, Mpitabakana established an inappropriate relationship by being in a pool, whirlpool bath and shower room with a female student.
Having considered the evidence, onus and standard of proof, testimony, and the submissions of College counsel, the Discipline Committee panel found the member guilty of professional misconduct, and ordered that his certificate be suspended for three months — starting on September 2, 2014.
Prior to accepting any position that requires a teaching certificate, he must appear before the Discipline Committee to receive a reprimand, and must successfully complete, at his own expense, a pre-approved course on maintaining appropriate boundaries between teachers and students.
In its written statement, the panel noted, “This penalty is appropriate, preserves the integrity of the teaching profession, maintains public confidence in the teaching profession and serves and protects the public interest.”
Member: Deren Ellis Sanli
Registration No: 515040
Decision: Revocation
A Discipline Committee panel revoked the Certificate of Qualification and Registration of Deren Ellis Sanli, a former College member who was teaching in Marlborough, Mass., in connection with a criminal conviction for taking pictures of students under their skirts.
Licensed to teach in March 2007, Sanli attended the October 21, 2014, hearing, and was represented by legal counsel.
During the 2011–12 school year, Sanli asked female students wearing skirts to stand on chairs and desks to hang artwork high up on his classroom walls. Sanli stood behind them, held a camera down low and took a picture up their skirts.
He was terminated as a result of his conduct, resigned his membership with the College and had his certificate cancelled, convicted in a criminal court and agreed that he should not be in a classroom setting.
Having considered the evidence, onus and standard of proof, an agreed statement of facts, a joint submission on penalty, a guilty plea, and submissions made by legal counsel, the Discipline Committee panel found Sanli guilty of professional misconduct and directed the Registrar to revoke his Certificate of Qualification and Registration.
The panel found that his “conduct was unacceptable, disgraceful and illustrated an abuse of power and trust.”
Copies of the full decisions are available at oct-oeeo.ca/decisions.