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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. Where the name of an employer is withheld, it is typically to protect the identity of students or to comply with a publication ban ordered by a court or the tribunal. 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.
For a glossary of terms used in these summaries, please visit oct-oeeo.ca/DecisionGlossary.
Member: Franca Teresa Renza Bonofiglio, OCT
Registration No: 511673
Decision:
Reprimand, conditions
A Discipline Committee panel reprimanded Franca Teresa Renza Bonofiglio for engaging in inappropriate behaviour and using vulgar and inappropriate language with her students. She was formerly employed by the York Catholic District School Board.
Certified to teach in July 2007, Bonofiglio attended the hearing on May 25, 2020, and was represented by legal counsel.
Bonofiglio told students about her relationship with her ex-boyfriend, which had recently ended. She asked a student to use the student's personal Instagram account to contact Bonofiglio's ex and attempt to engage him in conversation.
Bonofiglio further instructed the student to advise the ex that the student was in her 20s (rather than her teens) and to send him a photo in a bathing suit.
The Discipline Committee panel found Bonofiglio guilty of professional misconduct and directed that she appear before it to receive a reprimand.
Within 90 days of the decision, she must also successfully complete, at her own expense, a course on professional boundaries with students.
In its written decision, the panel stated, "[T]he Member's conduct toward her students was unbecoming a member. It undermined the reputation of the teaching profession and violated the trust that the public places in members."
Member: Mark Alexander Simon Davidson
Registration No: 280027
Decision:
Suspension, reprimand, conditions
A Discipline Committee panel suspended the certificate of Mark Alexander Simon Davidson for engaging in a concerning pattern of inappropriate behaviour toward students and colleagues, despite having received prior sanction from his board. He is a teacher formerly employed by the Halton District School Board.
Certified to teach in August 1997, Davidson did not attend the hearing on June 17, 2020, but was represented by legal counsel.
Davidson made inappropriate comments about the appearance of students, pushed lip balm into the back pocket of a student, and raised his voice at colleagues.
He also made unwanted advances toward colleagues, which made them feel uncomfortable. For instance, he poked and tickled female colleagues on their side, neck and stomach, hugged a female colleague without asking her, sent a female colleague unwanted and inappropriate text messages, and asked female colleagues to go out with him several times (which they declined).
The Discipline Committee panel found Davidson guilty of professional misconduct and ordered that his teaching certificate be suspended for 20 months. The panel also directed that he appear before it to receive a reprimand.
He must also successfully complete, at his own expense, a course in maintaining appropriate boundaries. He needs to do so within 120 days of the decision.
In its written 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 and colleagues."
Member: Allan Wilfred Davis
Registration No: 292186
Decision:
Suspension, reprimand, conditions
A Discipline Committee panel suspended the teaching certificate of Allan Wilfred Davis for verbally, physically and psychologically or emotionally abusing students. He is a teacher formerly employed by the Upper Grand District School Board, once known as the Wellington County Board of Education.
Davis, who was certified to teach in July 1989, attended the hearing on February 5, 2020. He had legal representation.
Davis humiliated a student and told him that he would not amount to anything more than a garbage truck driver. He told a student that she smelled bad and he fanned her in front of other students.
He also inappropriately disciplined students by making them stand on their desk with their arms outstretched in a "cross" pose, sometimes holding textbooks in their hands.
The Discipline Committee panel found Davis guilty of professional misconduct and ordered that his certificate be suspended for three months. He was also directed to appear before the panel to receive a reprimand.
In addition, he was directed to complete a course of instruction, at his own expense, regarding professional boundaries and classroom management. He needs to do so prior to starting a teaching position or any position for which a Certificate of Qualification and Registration is required.
In its written decision, the panel stated, "Teachers hold a unique position of trust and authority, and it is unacceptable for them to abuse this trusted position by making students feel uncomfortable."
Member: Alain Dube
Registration No: 198726
Decision:
Suspension, reprimand, conditions
A Discipline Committee panel suspended the certificate of Alain Dube for a pattern of inappropriate conduct, despite having received formal directives from school administration. He is a teacher formerly employed by the Ottawa Catholic District School Board.
Certified to teach in June 1991, Dube attended the hearing on February 26, 2020, and was represented by legal counsel.
Dube repeatedly misplaced or mismanaged funds collected from students for activities, and ignored formal directives from his principal not to handle any money at the school.
Dube also admitted to stealing $50 from a colleague's mailbox.
The Discipline Committee panel found Dube guilty of professional misconduct and ordered that his teaching certificate be suspended for one month. The panel also directed that he appear before it to receive a reprimand.
He must also successfully complete, at his own expense, a course regarding ethics. He needs to do so prior to resuming or beginning any position for which a Certificate of Qualification and Registration is required.
In its written decision, the panel stated, "Members of the profession are expected to conduct themselves in an ethical manner at all times and to act as role models within the school community."
Member: Nikolaos Giannias
Registration No: 472310
Decision:
Suspension, reprimand, conditions
A Discipline Committee panel suspended the certificate of Nikolaos Giannias for inappropriate conduct. He is a teacher employed by the Toronto District School Board.
Certified to teach in February 2004, Giannias attended the hearing on July 21, 2020 and was represented by legal counsel.
Giannias published a book for sale to the public and wrote blog posts that included false and derogatory comments about his colleagues and employer, which portrayed them in offensive ways.
Though he did not use real names in his book, he discussed real persons and wrote in details that could lead readers to identify the persons portrayed.
The Discipline Committee panel found Giannias guilty of professional misconduct and ordered that his teaching certificate be suspended for two months. The panel also directed that he appear before it to receive a reprimand.
He must also successfully complete, at his own expense, a course regarding ethics and communication. He needs to do so within 180 days of the decision.
In its written decision, the panel stated, "By making derogatory and false comments about colleagues, administrators and his employer online and in his book, the Member's conduct fell below the ethical standards of trust, respect and integrity to which teachers are held."
Member: Ryan Charles Wilfred Gidney
Registration No: 449311
Decision:
Suspension, reprimand, conditions
A Discipline Committee panel suspended the certificate of Ryan Charles Wilfred Gidney for inappropriate conduct. He is a teacher employed by the District School Board of Niagara.
Certified to teach in July 2001, Gidney did not attend the hearing on July 8, 2020, but was represented by legal counsel.
Gidney failed to maintain appropriate and professional boundaries with a female student and was psychologically abusive to her.
His boundary violations included exchanging gifts with her, spending time alone with her, sitting inappropriately close to her at school, and demonstrating preferential treatment toward her by inviting her to use staff-only areas in the school.
The Discipline Committee panel found Gidney guilty of professional misconduct and ordered that his teaching certificate be suspended for 12 months. The panel also directed that he appear before it to receive a reprimand.
He must also successfully complete, at his own expense, a course regarding appropriate boundaries with students. He needs to do so within 90 days of the panel's order.
In its written decision, the panel stated, "The Member's inappropriate behaviour demonstrates a concerning failure to meet ethical standards and demonstrates inadequate care for the well-being of a student."
Member: Kevin Daniel Kennedy, OCT
Registration No: 461494
Decision:
Reprimand, conditions
A Discipline Committee panel reprimanded Kevin Daniel Kennedy, a teacher employed by the Upper Canada District School Board, for failing to maintain the standards of the profession.
This matter was heard by the panel on June 24, 2020. Kennedy, who was certified to teach in January 2003, attended the hearing with his legal counsel.
Kennedy held a tournament at the school without a custodian present and in so doing, he knowingly failed to follow the appropriate board policy regarding Community Use of School Grounds and Facilities.
He also misled the head custodian and the principal by making them believe that he would reschedule the tournament, and publicly tweeted about the absence of a student in class, failing to respect the student's privacy.
The Discipline Committee panel found Kennedy guilty of professional misconduct and directed him to appear before it to receive a reprimand.
It also ordered him to successfully complete, at his own expense, a course regarding professional ethics. He must do so within 90 days of the panel's order.
In its written decision, the panel stated, "Members of the profession are expected to act with honesty and integrity and to follow Board policies and procedures, which exist in part to ensure the safety of the school community."
Member: James Michael Kindratiuk
Registration No: 501986
Decision:
Revocation, reprimand
A Discipline Committee panel revoked the teaching certificate of College member James Michael Kindratiuk for sexually abusing a female student.
Kindratiuk engaged in an inappropriate personal relationship and exchanged sexually explicit electronic communication with the student. When she asked him to stop communicating, he continued to initiate contact and send pictures of himself to her.
Certified to teach in July 2006, Kindratiuk did not attend the hearing on December 3, 2019, but was represented by legal counsel.
The Discipline Committee panel found Kindratiuk guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked. The panel also ordered that he receive a reprimand.
In its decision, the panel stated, "The Member's serious misconduct in this case is unbecoming a member, in that it undermined the reputation of the teaching profession."
Member: David Warren Margetson
Registration No: 443662
Decision:
Revocation, reprimand
A Discipline Committee panel revoked the teaching certificate of College member David Warren Margetson for sexually abusing a student and engaging in an inappropriate personal and sexual relationship with a student.
Certified to teach in November 2001, Margetson did not attend the hearing on February 11, 2020, but was represented by legal counsel.
The Discipline Committee panel found Margetson guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked.
The panel also ordered that he receive a reprimand within 120 days of the panel's order.
In its decision, the panel stated, "[T]he Member's conduct is unbecoming a member, in that it undermines the reputation of the teaching profession and violates the trust that parents, students and the public place in teachers."
Member: Walter Ian Marquis, OCT
Registration No: 449426
Decision:
Reprimand, conditions
A Discipline Committee panel reprimanded Walter Ian Marquis, a teacher at the Toronto District School Board, for inappropriate conduct.
Certified to teach in August 2001, Marquis attended the hearing on June 1, 2020, and was represented by legal counsel.
Marquis made inappropriate physical contact with a student by lifting the student off the ground from behind without warning and placing the student on his feet.
In a criminal court, Marquis was found guilty of assault and received an absolute discharge.
The Discipline Committee panel found him guilty of professional misconduct and directed that he appear before it to receive a reprimand.
He was also directed to successfully complete, at his own expense, a course on classroom management.
In its written decision, the panel stated, "The Member ought to have communicated effectively with the student rather than resorting to physical contact."
Member: Gerard Edward McGilly
Registration No: 526761
Decision:
Revocation, reprimand
A Discipline Committee panel revoked the teaching certificate of Gerard Edward McGilly, a teacher formerly employed by the Toronto Catholic District School Board, for sexually abusing female students.
Certified to teach in February 2008, McGilly attended the hearing on June 23, 2020. He had no legal representation.
McGilly engaged in a pattern of grooming behaviour and had inappropriate personal and/or sexual relationships with four students. He also obtained nude photos of one student and took sexually explicit photos of himself and her, and exchanged nude photos with another student.
In a criminal court, McGilly was found guilty of one count of making child pornography, two counts of child luring and one count of sexual exploitation.
He was sentenced to two years and nine months in custody.
The Discipline Committee panel found McGilly guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked. The panel also ordered that he receive a reprimand.
In its decision, the panel stated, "The Member's predatory and grooming behaviour as well as his sexual abuse of students demonstrates a fundamental breach of the professional and moral duties of a teacher."
Member: John Anthony Clark Nabben
Registration No: 482220
Decision:
Revocation
A Discipline Committee panel revoked the teaching certificate of John Anthony Clark Nabben for engaging in a lengthy career of professional misconduct. He was a teacher formerly employed by the Greater Essex District School Board.
Certified to teach in August 2004, Nabben did not attend his hearing on May 7, 2020, but had legal representation who attended on his behalf.
Nabben repeatedly abused students physically, verbally, and emotionally or psychologically.
For example:
The panel found Nabben guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked.
In its decision, the panel stated, "The Member's conduct towards his students was abhorrent and reprehensible. The Member's prolonged and recurring verbal and emotional abuse of his students warrants an order of the Panel's most severe penalty available: revocation. Not only has the Member's conduct had a grave impact on his students, but it has also violated the public's trust in the teaching profession. Accordingly, the Member is no longer entitled to be a member of the teaching profession in Ontario."
Member: William Beverley Robinson
Registration No: 450358
Decision:
Suspension, reprimand, conditions
A Discipline Committee panel suspended the teaching certificate of William Beverley Robinson for verbally, physically, and psychologically or emotionally abusing students. He is a teacher employed by the Toronto District School Board.
Robinson, who was certified to teach in October 2001, attended the hearing on February 25, 2020, and had legal representation.
Robinson aggressively redirected students, grabbed or held them by the shirt or arm, placed his hand on or pushed a student's head back and pinched a student.
Robinson was previously reprimanded by the Investigation Committee for making inappropriate physical contact with a student. He also received a letter of expectations from the Board for losing his temper with another staff member.
The Discipline Committee panel found Robinson guilty of professional misconduct and ordered that his certificate be suspended for four months.
He was also directed to appear before the panel to receive a reprimand within 90 days of the panel's order.
In addition, he was directed to complete a course of instruction, at his own expense, regarding classroom management and appropriate discipline. He needs to do so within 90 days of the panel's order.
In its written decision, the panel stated, "The Member's abusive interactions with students were discouraging and modelled unacceptable ways to communicate with others."
Member: Joseph Stephen Schacter
Registration No: 177586
Decision:
Revocation, reprimand
A Discipline Committee panel revoked the teaching certificate of College member Joseph Stephen Schacter for sexually assaulting students. He engaged in a pattern of abusing young boys by touching them on the back, buttocks and penis.
Certified to teach in June 1986, Schacter did not attend the hearing on March 10, 2020, nor was he represented by legal counsel.
In a criminal court, he was found guilty of three counts of sexual assault, two counts of sexual interference and one count of gross indecency in relation to four of his former students.
Schacter was sentenced to five years and three months of incarceration and made subject to a number of ancillary orders.
The Discipline Committee panel found Schacter guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked. The panel also ordered that he receive a reprimand.
In its decision, the panel stated, "The public's trust in the teaching profession is eroded when members abuse their position of trust and authority to sexually abuse their young and vulnerable students."
Member: Peter John Weller, OCT
Registration No: 426540
Decision:
Reprimand, conditions
A Discipline Committee panel reprimanded Peter John Weller, a teacher at the Renfrew County District School Board, for inappropriate conduct.
Certified to teach in May 1999, Weller did not attend the hearing on July 7, 2020, but was represented by legal counsel.
Weller sent a student to his residence during instructional time to retrieve his personal paperwork. He also used inappropriate and insensitive language with two other students involving their religion, ethnicity or sexual orientation.
The Discipline Committee panel found Weller guilty of professional misconduct and directed that he appear before it to receive a reprimand.
He must also successfully complete, at his own expense, a course on professional ethics and the standards of the teaching profession.
In its written decision, the panel stated, "Members are expected to create a safe and supportive learning environment for their students and to serve as positive role models for students."
Member: Donald Earl Wheeler
Registration No: 275703
Decision: Revocation, reprimand, costs
A Discipline Committee panel revoked the teaching certificate of Donald Earl Wheeler for sexually abusing two male students. He was formerly employed by the Toronto District School Board.
Wheeler's exploitation of the two students began with grooming by offering them rides to and from school and taking them on outings. He repeatedly molested them, including touching their thighs, giving them hugs, trying to kiss them and showing them pornography.
In a criminal court, he was found guilty of two counts of assault.
Certified to teach in June 1996, Wheeler did not attend the hearing on November 22, 2019, and was not represented by legal counsel.
The Discipline Committee panel found Wheeler guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked. The panel also ordered that he receive a reprimand.
He was also ordered to pay the College $10,000 in costs within 120 days of the panel's order. The panel found that Wheeler failed to engage in the disciplinary process in a meaningful way and noted that he repeatedly failed to respond to College's counsel's communications.
In its decision, the panel stated, "The Member used his position of trust and authority as a teacher to exploit two vulnerable students. Such conduct undermines the trust that parents, students and the public place in teachers and reflects poorly on the profession as a whole."