Hearings

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: Maurino Baptista Alphonso
Registration No: 565041
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended Toronto District School Board occasional teacher Maurino Baptista Alphonso for taking numerous teaching assignments impersonating his wife, who is also a teacher.

Certified to teach in September 2009, Alphonso attended the August 26, 2016, hearing with his legal counsel.

On several occasions, when the member’s wife was assigned an occasional teaching assignment by the Toronto District School Board, Alphonso attended in her place and completed the occasional teaching assignments. He did so about 15 times between 2009 and 2011, resulting in financial gain for him and his wife.

He failed to disclose his true identity when teaching at the schools and used his wife’s name instead. He was able to do so because his wife’s name was not readily identifiable as either male or female.

The Discipline Committee panel found Alphonso guilty of professional misconduct and suspended his Certificate of Qualification and Registration for nine months. He was directed to appear before the committee immediately after the hearing to receive a reprimand.

He must also successfully complete, at his own expense, a course on professional ethics.

In its decision, the panel stated, “By impersonating another teacher and stepping into a role for which he was not selected or hired, the Member put his financial interests above all others, including the interests of the students at the schools in which he deceitfully worked.”

Member: Léon Hébert Beaulieu
Registration No: 161753
Decision: Revocation

A Discipline Committee panel revoked the teaching certificate of Ontario teacher Léon Hébert Beaulieu due to criminal convictions.

Beaulieu, who was certified to teach in June 1980, did not attend the public hearing on July 27, 2016, nor was he represented by legal counsel.

In December 2014, Beaulieu was found guilty of:

using the Internet to lure and transmit sexually explicit material to another person who was, or who Beaulieu believed was, under the age of 16 years;
having unlawfully possessed a firearm.

The panel found Beaulieu guilty of professional misconduct and directed the Registrar to revoke his Certificate of Qualification and Registration.

In its written decision, the panel stated, “…no members of the profession should conduct themselves in such a manner.” And that “The Member abused his position of trust and authority in a disgraceful fashion.”

Member: Duncan Andrew Bell, OCT
Registration No: 475206
Decision: Reprimand, conditions

A Discipline Committee panel ordered a reprimand to Toronto District School Board teacher Duncan Andrew Bell for an inappropriate and offensive comment.

Certified to teach in June 2004, he attended the July 6, 2016, hearing with his legal counsel.

His offensive comment was made during class when a group of female students were talking among themselves by the member’s desk. One student discussed a hypothetical situation about going on a date with someone, then returning to the date’s residence for coffee. Another student asked her, “do you mean sex?” and the student responded, “no, just coffee.”

The member overheard the conversation and made a comment of a sexual nature. The student felt uncomfortable when the member said those words and believed he was looking at her as he spoke. The other female students heard the remark and felt uncomfortable around the member afterwards.

Following its investigation, the board suspended him for 15 days without pay and transferred him to a different school.

The Discipline Committee panel found him guilty of professional misconduct and directed that he appear before the committee immediately following the hearing to receive a reprimand.

In addition, he must successfully complete, at his own expense, a course on professional boundaries and student sensitivities.

In its decision, the panel stated, “Teachers hold a position of trust and authority and are expected to set an example of good moral behaviour to students and to respect the appropriate professional boundaries of the teacher-student relationship.

"The panel also stated, “The reprimand will allow the Committee to directly address its concerns with the Member and will serve as a specific deterrent. It will remind the Member that making comments of a sexual nature is never appropriate when communicating with students.”

Member: Youssef Benabdallah Chaouni
Registration No: 491788
Decision: Revocation

A Discipline Committee panel revoked the teaching certificate of Youssef Benabdallah Chaouni in connection with criminal convictions, in 2014, for sexually abusing a female student.

Certified to teach in August 2009, Chaouni did not attend the July 26, 2016, hearing, nor was he represented by legal counsel. He did, however, submit written remarks to the committee.

In November 2011, Chaouni touched a student’s buttocks during a practice lockdown exercise in his class. He then asked the student if she liked it, to which she replied no. He touched her buttocks again during a presentation in front of the class.

The Discipline Committee panel found Chaouni guilty of professional misconduct and ordered that his certificate be revoked.

In its decision, the panel stated that the member “has shaken public trust in the teaching profession. Consequently, he loses the privilege of membership.”

Member: Joseph Anthony Graziano
Registration No: 274327
Decision: Revocation

A Discipline Committee panel revoked the teaching certificate of Hamilton-Wentworth Catholic District School Board former teacher Joseph Anthony Graziano, who was criminally convicted of sexual offences against a student.

Certified to teach in August 1997, Graziano did not attend the July 7, 2016, hearing, nor was he represented by legal counsel.

Over the course of three years, Graziano engaged in sexual activities with a student in his classroom, at his home and in a recreational trailer that he owned.

In 2015, he was found guilty of sexual interference and sexual exploitation. He was sentenced to three years’ incarceration.

The Discipline Committee panel found Graziano guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked.

Graziano’s teaching certificate was previously revoked in 2015 by another panel of the Discipline Committee for sexual misconduct related to a different student.

Even though his teaching certificate was already revoked, he continued to be subject to the jurisdiction of the College because the misconduct occurred while he had a Certificate of Qualification and Registration.

The panel’s penalty order serves as notice to the profession that the consequences of professional misconduct will be dealt with even if a member’s teaching certificate has been previously revoked.

In its decision, the panel stated, “the student was a vulnerable young man, who had experienced a significant loss in his family before he became involved with Mr. Graziano. Justice H. Arrell described the student as a troubled youth who did not excel at school. The committee is dismayed by Mr. Graziano’s criminal conduct.”

Member: Matthew Paul Kras
Registration No: 459441
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended Waterloo Catholic District School Board teacher Matthew Paul Kras for boundary violation issues with a female student.

Certified to teach in July 2002, Kras attended the July 6, 2016, hearing with his legal counsel.

In the spring of 2014, as head of the Co-op and Business Program at his school, Kras did not maintain appropriate boundaries with a student. For example:

he drove the student alone to her co-op placement on one occasion without the student’s father’s knowledge or permission, and without the knowledge of the school administration;
he engaged in inappropriate texting and personal conversations in the evening hours with the student;
after the student told him “I think I want to hook up with you” he, subsequently, told her “We all have wants, but that doesn’t mean it’s going to happen.” His remarks made the student feel awkward.
when the student referred to the fact that he had said he wanted to “hook up” with her, he replied “needs and wants are separate things.”

He was suspended without pay by his board for three days.

The Discipline Committee panel found Kras guilty of professional misconduct and suspended his Certificate of Qualification and Registration for one month. He was directed to appear before the committee immediately after the hearing to receive a reprimand.

He must also successfully complete, at his own expense, a course on appropriate boundaries and boundary violation issues.

In its decision, the panel stated, “The suspension will serve as a specific deterrent to the Member and as a general deterrent to other members of the teaching profession by reminding them of the importance of respecting and observing appropriate boundaries with students in all forms of communication.”

Member: Evan Law, OCT
Registration No: 517026
Decision: Reprimand, conditions

A Discipline Committee panel ordered a reprimand to Peel District School Board teacher Evan Law for a repeated pattern of inappropriate conduct.

Certified to teach in June 2007, Law attended the July 8, 2016, hearing and was represented by legal counsel.

The member’s misconduct occurred during the 2011–12 school year. During this time, the school board received complaints from students and parents. Law’s behaviour was racially tinged, insensitive to the feelings of his adolescent students, and disrespectful to a parent. It involved multiple students over several incidents.

Examples of conduct included swearing in class — usually under his breath — using inappropriate or rude gestures in class in an attempt to be funny, and comments like:

“If you dated a white guy would your mom smack you?”
“Do you eat white or brown food at home?”

The panel heard that the board’s disciplinary measures included a suspension and a transfer to another school.

The Discipline Committee panel found Law guilty of professional misconduct and directed that he appear before the panel immediately after the hearing to receive a reprimand.

Within 90 days of the decision, he must also successfully complete, at his own expense, a course in professional boundaries with students.

The panel looked favourably on the evidence that Law has made significant progress in his professional practice and has achieved several years of successful teaching since the events that brought him to the hearing.

In its decision, the panel stated, “The coursework will remind the Member of his obligations as a teacher and will help him to make better decisions in any future interactions with students.”

The panel also stated, “Ultimately, the profession must be made aware that when teachers repeatedly fail to maintain appropriate professional boundaries with students, when they abuse their authority by coercing students for personal gain, and when these issues persist despite receiving remedial support from their employers, their names should not be shielded from public scrutiny. While the order for publication with name is not intended to cause shame to the Member, if this is the result, it has been brought on the Member by his own conduct.”

Member: John Charles Leek
Registration No: 115607
Decision: Revocation

A Discipline Committee panel revoked the teaching certificate of John Charles Leek, a former teacher at the HamiltonWentworth District School Board and the Peel District School Board.

The revocation is related to criminal convictions for sexually abusing students and young persons over an extended period of time from the 1960s to the 1980s.

Leek, who was certified to teach in June 1966, did not attend the public hearing on August 24, 2016, nor was he represented by legal counsel.

Leek targeted vulnerable young boys who experienced family problems and inserted himself into their lives. He gained their trust and then exploited that trust. According to the victim impact statements, many of them have suffered long-term consequences arising from his actions and they have been unable to recover from the trauma.

In August 2015, Leek was sentenced to four years’ incarceration.

The panel found Leek guilty of professional misconduct and directed the Registrar to revoke his Certificate of Qualification and Registration.

In its written decision, the panel stated “The Member’s conduct jeopardized the public’s confidence in the teaching profession. The Member abused the trust and authority that was placed in him without regard for the welfare of his students and other young persons. Through his reprehensible conduct, the Member has forfeited the privilege of holding a teaching certificate in Ontario.”

Member: Bruno Severino Pecile
Registration No: 487643
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended Kawartha Pine Ridge District School Board teacher Bruno Severino Pecile for his failure to maintain appropriate boundaries with students.

Certified to teach in July 2005, Pecile attended the June 21, 2016, hearing with his legal counsel.

Between 2011 and 2013, Pecile did not maintain appropriate boundaries with students. For example:

He played an inappropriate YouTube video for a female student. The video was a parody of the film Powers of Ten that included inappropriate content that was highly sexual, pornographic, racist and violent. His intention was to have the student watch the educational film Powers of Ten. Because he had not previewed the actual video, he was not aware that the video chosen was a parody of the film.
He showed the music video by Miley Cyrus for the song Wrecking Ball on a computer in the classroom as the students were entering the class. The video contains nudity and sexual imagery. During the class, he discussed the Cyrus video and made comments that made a number of female students feel uncomfortable.

In October 2013, he was assigned to home by the board pending an investigation. Two months later, he went on a medical leave. In April 2014, he resigned from the board.

The Discipline Committee panel found Pecile guilty of professional misconduct and suspended his Certificate of Qualification and Registration for one month. He was directed to appear before the committee immediately after the hearing to receive a reprimand.

He must also successfully complete, at his own expense, a course on boundary violations and professional ethics.

In its decision, the panel stated, “The Committee finds that the course of instruction regarding boundary violations and professional ethics will assist in the rehabilitation of the Member, should he ever choose to return to a Teaching Position.”

Member: David Arthur Rosewell
Registration No: 274492
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended Upper Grand District School Board teacher David Arthur Rosewell for engaging in inappropriate communications with students.

Certified to teach in November 1997, Rosewell attended the June 21, 2016, hearing with his legal counsel.

Between 2008 and 2011, Rosewell sent sexually suggestive and/or personal text messages and/or Facebook messages to current and/or former students. On some occasions, he sent the students messages while he was inebriated.

For example, in one message, he inquired about what a student was doing and suggested that when she turned a certain age, they would go to bars together to drink and see bands.

The Discipline Committee panel found Rosewell guilty of professional misconduct and suspended his Certificate of Qualification and Registration for six months. He was directed to appear before the committee immediately after the hearing to receive a reprimand.

He must also successfully complete, at his own expense, a course on boundary issues.

The panel found that his comments were clearly unwelcomed by one student. Despite the fact that she repeatedly told him how inappropriate his comments were, Rosewell showed no insight into how inappropriate his behaviour was and how far it crossed student-teacher boundaries.

In its decision, the panel stated, “The Member ought to understand that the power imbalance inherent in the teacher-student relationship does not enable teachers and students to be friends. No matter how amicable the member’s relationship with his students is, it is erroneous to characterize this dynamic as a friendship.”

Member: Marjorie Alison Steeves
Registration No: 215910
Decision: Acknowledgement of resignation and undertaking

A Discipline Committee panel found Marjorie Alison Steeves, a former teacher at the Upper Grand District School Board, guilty of professional misconduct following an investigation by child protection services. The investigation concluded that her conduct caused a risk of harm to students in her class.

Steeves, who was certified to teach in June 1984, did not attend the public hearing on September 23, 2016, but was represented by legal counsel.

In 2013, she made inappropriate comments to students such as:

telling individual students to “buzz off”;
stating to a male student, “Get out of this room you’re wasting my time”; and
saying to two female students, “Is this about work or the bathroom? If it is about the bathroom go sit down.”

She also engaged in inappropriate conduct, including yelling, refusing to allow students to use the bathroom, and engaging in favouritism with some students.

An investigation by Dufferin Child and & Family Services revealed that Steeves’s conduct caused a risk of harm to the children in her class. The board also conducted its own investigation.

In 2014, she retired from her employment with the board and, in 2015, she retired from the College.

Steeves agreed to resign as a member of the College, with immediate effect, and undertook to never seek reinstatement of her Certificate of Qualification and Registration or to ever teach again in Ontario.

In its written decision, the panel stated, “The serious nature of the misconduct is underlined by the fact that child protection services investigated and found that the Member’s conduct caused a risk of harm to students in her class.”

Copies of the full decisions are available at oct-oeeo.ca/uveuah.