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HearingsPanels of the Discipline Committee have ordered summaries of recent disciplinary cases to be published in Professionally Speaking. Member: Arthur Randall Brown A panel of the Discipline Committee held a public hearing on November 2, 2006 into allegations of professional misconduct against Arthur Randall Brown. Brown was certified to teach in 1972 and was employed as a superintendent by the Hastings and Prince Edward District School Board. The member attended the hearing and was represented by counsel. Arthur Randall Brown faced six allegations of professional misconduct related to failing to adequately supervise persons under his professional supervision. The College withdrew four of the allegations at the outset of the hearing. The panel received an agreed statement of facts, guilty plea and joint submission on penalty in which Brown admitted to the allegations. According to the agreed statement of facts, during the 2003–04 academic year Brown acted as scribe for a student taking the Ontario Secondary School Literacy Test (OSSLT) administered by the Education Quality and Accountability Office (EQAO). EQAO instructions were that the test booklets were to be sealed as soon they were completed. Brown was present at a meeting held by the school in which testing was taking place. Members of the school administration related the nature of assistance a scribe could give to a student and told the scribes that when a student completed a section of the test, the test booklet for that section was not to be sealed and was to be returned to the school library. Brown did not question the directions given by the administration. The member acknowledged that although he was not familiar with EQAO's procedures for the proper administration of the OSSLT, it could reasonably be expected that he should have questioned the direction provided by school administration. The panel found the member guilty of professional misconduct. Evidence showed that Brown was present and remained silent where teachers under his supervision advised scribes to disobey protocols established by EQAO in the administration of the OSSLT. The panel found that Brown's silence constituted tacit agreement that EQAO protocols should be disregarded. The panel ordered that Brown be reprimanded and that his Certificates of Qualification and Registration be suspended for one month. In their decision, the panel wrote, “The suspension alerts members and the public that supervisory officers must be aware of their role and set strong examples of ethical leadership. Condoning cheating, specifically on the OSSLT, is unprofessional and will not be tolerated by the profession. By this decision the public can be reassured that the EQAO test is delivered consistently and properly to ensure that every student will have achieved an adequate standard of literacy upon graduation.” The reprimand by the panel serves as a deterrent to the member. Publication of the findings provides education for the profession, reinforcing the message that ethical behaviour is required of members of the College. The panel's finding and penalty appear on the College's public register. Member: William Bruce A panel of the Discipline Committee held a public hearing on September 27, 2006 into allegations of professional misconduct against William Bruce. Bruce was certified to teach in 1984 and was employed as a teacher by the Keewatin-Patricia DSB. The member attended the hearing via telephone and was represented by counsel. William Bruce faced five allegations of professional misconduct related to sexual touching of a 17-year-old female. The panel received an agreed statement of facts, plea of no contest and joint submission on penalty in which Bruce pleaded no contest to the allegations. The panel heard that in 2004 Bruce was employed at a high school where he was the school's wrestling coach. In December 2004, Bruce, two students and a colleague were attending a sports event in Thunder Bay where they were billeted at the home of a 17-year-old university student. Bruce engaged in physical contact with the university student, which he believed was consensual. According to the agreed statement, the student's age was not mentioned and Bruce assumed she was 18 years of age. College counsel presented evidence that two weeks after the incident, Bruce had sent the student a card on her 18th birthday, wishing her a Merry Christmas. The panel found the member guilty of professional misconduct and ordered that he be reprimanded. The panel also ordered that Bruce's Certificates of Qualification and Registration be suspended for one year, the suspension not to be imposed if he successfully completes, within three months and at his own expense, a course of instruction regarding appropriate boundaries between teacher and student. The panel noted in its written decision that although the incident took place outside the school, Bruce was still on duty as a wrestling coach and, as such, was a representative of the school and the profession. By engaging in such behaviour he breached the trust placed in him by parents and the community and brought the profession into disrepute. The panel's decision appears on the College's public register. Member: Anthony Bucci A panel of the Discipline Committee held a public hearing on October 16, 2006 into allegations of professional misconduct against Anthony Bucci. Bucci was certified to teach in 2000 and was employed as a teacher and guidance counsellor by the York Region DSB. The member did not attend the hearing but was represented by counsel. Anthony Bucci faced six allegations of professional misconduct related to a sexual relationship with a female student. The panel received an agreed statement of facts, plea of no contest and joint submission on penalty in which the member pleaded no contest to the allegations. According to the agreed statement, during the 2003–04 academic year Bucci acted inappropriately towards two female students. He took them to a hotel where he rented a room. He and one of the students engaged in consensual sexual activity. The panel found the member guilty of professional misconduct and ordered that his Certificates of Qualification and Registration be revoked. In its written decision the panel noted that Bucci acted in a premeditated manner and abused his position for his own sexual gratification without regard for the well-being of his students. The decision of the panel appears on the College's public register. Member: Kevin Cato A panel of the Discipline Committee held a public hearing on October 25, 2006 into allegations of professional misconduct against Kevin Cato. Cato was certified to teach in 1997 and was employed as a high school teacher by the York Region DSB. The member attended the hearing and was represented by counsel. Kevin Cato faced six allegations of professional misconduct related to inappropriate comments and behaviour involving students. The panel received an agreed statement of facts, plea of no contest and joint submission on penalty. In the agreed statement, Cato pleaded no contest that on numerous occasions during the period 2001 to 2004, he made inappropriate comments, including comments of a sexual nature, to and about female students. He also pleaded no contest with regard to an incident with a female student where, during horseplay, he twice struck her, causing a small bruise. He also failed to discourage male and female students from making inappropriate comments and on two occasions failed to perform supervisory duties as assigned. The panel found Cato guilty of professional misconduct. The panel noted that as a result of the incidents described, Cato was on two occasions reprimanded by his employer and suspended for two days without pay, without responding to the cautions concerning his conduct. The panel ordered that Cato be reprimanded and that he successfully complete, within 90 days and at his own expense, a course of instruction regarding appropriate boundaries between teacher and student. The decision of the panel appears on the College's public register. Member: Peter John Emery A panel of the Discipline Committee held a public hearing on October 16, 2006 into allegations of professional misconduct against Peter John Emery. Emery was certified to teach in 1970 and was employed as an occasional teacher by the Simcoe County DSB. The member did not attend the hearing but was represented by counsel. Peter John Emery faced six allegations of professional misconduct relating to inappropriate comments and interaction with female students. The panel received an agreed statement of facts, plea of no contest and joint submission on penalty in which Emery pleaded no contest to the allegations. According to the agreed statement of facts, Emery acknowledged that he acted inappropriately in discussions with students, including discussions about female student dress and body parts. He also told inappropriate jokes with sexual innuendo. Emery was suspended by his employer for his conduct. After his return to work, he inappropriately touched female students during physical education classes and made inappropriate comments to them about their bodies. The panel found Emery guilty of professional misconduct and accepted his resignation from the College. The panel ordered that Emery sign an undertaking that he will never seek reinstatement of his Certificates of Qualification and Registration. The decision of the panel appears on the public register. Member: Patricia Michelle Gaukrodger A panel of the Discipline Committee held a public hearing on November 7, 2006 into allegations of professional misconduct against Patricia Michelle Gaukrodger. Gaukrodger was certified to teach in 1999 and was employed as a teacher by the Waterloo Catholic DSB. The member did not attend the hearing but was represented by counsel. Patricia Michelle Gaukrodger faced eight allegations of professional misconduct related to sexual abuse of a student. The panel received an agreed statement of facts, guilty plea and joint submission on penalty. According to the agreed statement, during the 2002–03 academic year Gaukrodger began a friendship with one of her male Grade 8 students, whom she also coached on school sports teams. During the summer following the school year, Gaukrodger gave him gifts on his 14th birthday, spent time alone with him at his home, in her car and on day trips, and engaged in inappropriate communication with him of a sexual nature through the Internet. In September 2003 the relationship included sexual intercourse on several occasions. During the course of the Internet communications, Gaukrodger expressed concern to the student about getting caught and said they needed to be careful and not obvious about their relationship. The two were discovered together in the school by a staff member. In April 2004 Gaukrodger was convicted of sexual exploitation and sentenced to 15 months in prison, which she appealed. The sentence was upheld. The panel found Gaukrodger guilty of professional misconduct and ordered that her Certificates of Qualification and Registration be revoked. The panel's decision appears on the College's public register. Member: Allen Fairfield Judd A panel of the Discipline Committee held a public hearing on November 22, 2004 into allegations of professional misconduct against Allen Fairfield Judd. Judd was certified to teach in 1972 and was employed as an occasional elementary teacher by the Halton Catholic DSB. The member attended the hearing and was represented by counsel. Allen Fairfield Judd faced eight allegations of professional misconduct related to using inappropriate force with a 10-year-old male student. The panel received an agreed statement of facts and guilty plea. According to the agreed statement of facts, Judd admitted that during the 2003–04 academic year, while the student was engaged in horseplay with another student, Judd applied force to the back of the student's head and told him he was lucky that it was a Catholic school or it could have been much worse. Judd subsequently pleaded guilty in criminal court to a charge of assault, was fined $50 and given 12 months probation. The panel found the member guilty of professional misconduct and ordered that he be reprimanded and the fact of the reprimand be recorded on the public register. The panel also ordered that before the member returned to the classroom he must successfully complete, at his own expense, a program of instruction regarding discipline techniques and classroom management for dealing with difficult students. The panel's decision appears on the College's public register. Member: Shawn Clifton Daniel Mann A panel of the Discipline Committee held a public hearing on January 10 and 11, 2006 and March 20, 21 and 29, 2006 into allegations of professional misconduct against Shawn Clifton Daniel Mann. Mann was certified to teach in 1995 and was employed as a teacher by the St. Clair Catholic DSB. The member was present for part of the hearing on March 20 and 21, 2006 and was not represented by counsel. Shawn Clifton Daniel Mann faced six allegations of professional misconduct related to inappropriate behaviour in the classroom and inappropriate comments to and about students. In the member's absence on the first day of the hearing, the Chair of the panel entered a plea of not guilty on his behalf. The panel heard evidence from Catharine Hockin, a social worker with experience working with the Children's Aid Society, who testified that she had interviewed 68 students from the school. Only two students, she said, did not report inappropriate statements or actions by Mann. The panel also heard evidence from two students who testified that in September 2002 Mann made an offensive and derogatory remark about a female student. The Superintendent of Schools for the board testified that he had interviewed six students who all reported the same inappropriate comment. The student about whom the comment was made also testified. She told the panel that she had been upset by the situation and was subsequently removed from Mann's class because she was so uncomfortable. Mann attended the hearing on March 21 when he testified in his own defence. He admitted making the statement, but said he was repeating what a student had said the previous day. He acknowledged that repeating the comment was a mistake in judgment. Mann denied all other allegations, saying that students had attributed to him comments or actions made by other students. The panel found Mann guilty of professional misconduct with respect to the comment he admitted making, which humiliated and embarrassed the student. However, the panel expressed concerns about the evidence presented regarding other comments and said in its written decision that it gave that evidence little weight. The panel ordered Mann to be reprimanded and directed the Registrar to suspend his Certificates of Qualification and Registration for one month. The panel also ordered that prior to returning to the classroom Mann undertake a program of study and/or counselling, at his own expense, regarding appropriate teacher-student boundaries and provide evidence of its successful completion. The panel's decision appears on the College's public register. Member: John Louis Stansell A panel of the Discipline Committee held a public hearing on October 16, 2006 into allegations of professional misconduct against John Louis Stansell. Stansell was certified to teach in 1987 and was employed as a teacher by the Thames Valley DSB. The member did not attend the hearing but was represented by counsel. John Louis Stansell faced seven allegations of professional misconduct related to sending graphic sexual material via the Internet to male students. The panel received an agreed statement of facts, plea of no contest and joint submission on penalty in which Stansell acknowledged that during the 2000–01 academic year he sent graphic material, including items containing profanity, sexual jokes and pornographic images, via the Internet to three male students. The panel found Stansell guilty of professional misconduct and ordered that he appear before the Discipline Committee to be reprimanded, with the fact of the reprimand to be recorded on the public register. The panel also directed the Registrar to suspend the member's Certificates of Qualification and Registration for seven months, and the suspension will be increased to one year if the member fails to appear before the Discipline Committee to be reprimanded. The panel also ordered that the member shall not return to a teaching position for which a certificate under the Ontario College of Teachers Act is required until he has attended and successfully completed, at his own expense, a course of instruction on appropriate teacher-student boundaries. The decision of the panel appears on the College's public register. Member: Joseph Fernand Jacques Yves Thérien A panel of the Discipline Committee held a public hearing on September 13, 2006 into allegations of professional misconduct against Joseph Fernand Jacques Yves Thérien. Thérien was certified to teach in 1990 and was employed as an elementary teacher by the Conseil scolaire de district public du Centre-Sud-Ouest. The member attended the hearing and was represented by counsel. Joseph Fernand Jacques Yves Thérien faced six allegations of professional misconduct related to using inappropriate force against Grade 2 students in class. The panel received an agreed statement of facts, guilty plea and a joint submission on penalty. In the agreed statement of facts, Thérien admitted that during the 2003–04 academic year, he struck a male student on the forehead using three fingers of his right hand, and on another occasion dragged a disturbed student from the class by the arm. The panel accepted the member's guilty plea of professional misconduct. The panel ordered that the member appear before the Discipline Committee to be reprimanded and that the reprimand be recorded on the public register. The panel also ordered the Registrar to suspend the member's Certificates of Qualification and Registration for six months. However, the suspension is to be postponed for five months and will not be imposed if within that time the member successfully completes, at his own expense, the Additional Qualification course Special Education, Part II. The panel noted that although the member's actions were relatively minor, the use of force against a student, except in extraordinary circumstances, is inappropriate and constitutes professional misconduct. The decision of the panel appears on the College's public register. Member: Christopher Douglas Ward A panel of the Discipline Committee held a public hearing on October 12, 2006 into allegations of professional misconduct against Christopher Douglas Ward. Ward was certified to teach in 1999 and was employed as an elementary teacher by the Ottawa-Carleton Catholic School Board. The member did not attend the hearing but was represented by counsel. Christopher Douglas Ward faced six allegations of professional misconduct related to an inappropriate relationship with a female student. The panel received an agreed statement of facts, plea of no contest and joint submission on penalty. According to the agreed statement of facts, Ward began teaching at the school in the 2002–03 academic year when the student was 13 years old. Ward was her music teacher and director of the school band in which she played. During that year and in the 2003–04 academic year, the student helped with the band and the school's theatrical shows. Beginning about February 2005, Ward developed an interest in the student that went beyond what was an appropriate teacher-student relationship. As a result of active steps taken by the member, his relationship with the student became inappropriate and unprofessional. Ward cautioned the student to keep their relationship secret and took steps to maintain secrecy. He continued to communicate in an inappropriate manner with the student in the face of an investigation by the board and following his dismissal, after the College imposed an interim suspension on his teaching certificate. The panel found the member guilty of professional misconduct and ordered that his Certificates of Qualification and Registration be revoked. The panel also ordered that Ward may not apply for reinstatement of his membership in the College for a period of at least five years. The panel noted that Ward persists in placing his interests above the student's well-being. The panel has grave concerns about potential harm to students were Ward allowed to continue to teach. The panel's decision appears on the College's public register. Glossary of terminologyThe vocabulary used to report disciplinary hearings reflects their quasi-judicial nature. If you wonder what some terms mean, help is at hand. For past and future reference, the College has posted a glossary of terms on its web site. A link to the glossary can be found on the decision-summary page. Visit Glossary of Terms. |
