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Panels of
the Discipline Committee ordered the summaries of recent disciplinary cases to
be published in Professionally Speaking. Member: Robert Allan Brown Decision: Certificates of Registration and Qualification revoked Registration Number: 207160 A panel of the Discipline Committee held a public hearing on April 19 into allegations of professional misconduct against Robert Allan Brown of Thunder Bay. Brown, 59, was certified to teach in 1967 and was employed as a teacher by the Lakehead District School Board. He chose not to attend the hearing or to be represented. The allegations of professional misconduct against Brown included failing to maintain the standards of the profession; abusing a student physically, sexually, verbally, psychologically or emotionally; failing to comply with the Ontario College of Teachers Act and the Education Act; contravening a law relevant to his suitability to hold Certificates of Registration and Qualification; committing acts that would be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of judgement and disregard for the welfare of a student. The panel heard evidence that Brown fostered and encouraged or permitted the development of a romantic and sexual relationship with a 14-year-old female student at the school where he taught in 1977. The relationship included sexual intercourse and oral sex. After the relationship ended, Brown phoned the student several times to re-establish the sexual relationship with the student. Brown was charged in November 1998. He had retired from his position with the school board in June 1998. In September 1999, he was convicted of having sexual intercourse with a female older than 14 years old but younger than 16 and was sentenced to a 12-month conditional sentence. The panel accepted an agreed statement of facts and ordered Brown’s Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member: Terry Shih Chuan Chew Decision: Certificates of Registration and Qualification revoked Registration Number: 255152 A panel of the Discipline Committee held a public hearing on May 28 into allegations of professional misconduct against Terry Shih Chuan Chew of Toronto. Chew, 40, was certified to teach in 1989 and was employed as a teacher by the Peel District School Board. He chose not to attend the hearing or to be represented. The allegations of professional misconduct against Chew included failing to maintain the standards of the profession; abusing a student physically, sexually, psychologically or emotionally; failing to comply with the Education Act; committing an act that would be regarded by members as disgraceful, dishonourable or unprofessional and displaying a lack of knowledge, skill or judgement or a disregard for the welfare of students that demonstrates that the member is unfit to carry his professional responsibilities or that his certificates should be made subject to terms, limitations or conditions. The panel heard evidence that during the first semester of 1998-1999, Chew wrote a note to a 14-year-old female student at the end of a Geography class he was teaching. He told the student, "If you need to chat about a concern, or just want to shoot the breeze, I am all ears for you anytime." In March of 1999, Chew invited the student in his office and, while she was conversing with him and looking at his bulletin board, he approached her from behind and started massaging her back. He reached to grab her breast over her clothing. He then asked the student, "Do you mind if I do this?" The student was surprised by the teacher’s behaviour and immediately left the office. Chew pleaded guilty to a charge of sexual assault in January 2000 and was sentenced in February to a six-month conditional sentence to be served in the community, followed by 18 months probation. The panel accepted an agreed statement of facts and ordered the immediate revocation of Chew’s Certificates of Registration and Qualification. The decision of the panel appears on the College’s public register. Member: Alfred Michael Hansraj Decision: Reprimand and condition Registration Number: 256663 A panel of the Discipline Committee held a public hearing on January 18 into allegations of professional misconduct against Alfred Michael Hansraj of Toronto. Hansraj, 39, was certified to teach in 1988 and was employed as a teacher by the Peel District School Board. He attended the hearing and was represented. The allegations of professional misconduct against Hansraj included failing to maintain the standards of the profession; abusing a student physically, psychologically or emotionally; failing to comply with the Education Act; contravening a law that is relevant to his suitability to hold Certificates of Registration and Qualification. The allegations also included contravening a law that suggests that students under his supervision may be at risk; performing an act that would be regarded by members as disgraceful, dishonourable or unprofessional and displaying a lack of knowledge, skill or judgement or a disregard for the welfare of students that demonstrates that he is unfit to carry his professional responsibilities or that his certificates should be made subject to terms, limitations or conditions. The panel heard evidence that during a class in April 1998, Hansraj instructed a 21-year-old developmentally challenged student to leave the classroom immediately. When the student, who suffers from Down syndrome and has the intellect of a six-year-old, did not respond, Hansraj picked up a chair and threatened to throw it at him. As the student later replied that he was going to leave, Hansraj released his grip on the chair, which fell, striking the student in the neck and shoulder area. In April 1999, Hansraj pleaded guilty to a charge of assault and was given absolute discharge by the court. The panel accepted an agreed statement of facts and ordered Hansraj to be reprimanded. The panel also ordered that the school board be informed of the decision and be required to advise the College Registrar of any further aggressive conduct from Hansraj. As well, Hansraj must arrange for an anger management assessment at his own expense and pursue a course of treatment if required by the Registrar. The decision of the panel appears on the College’s public register. Member: J.L. Decision: Certificates of Registration and Qualification revoked A panel of the Discipline Committee held a public hearing on April 2 into allegations of professional misconduct against J.L. of Ottawa. J.L., 30, was certified to teach in 1995. He chose not to attend the hearing or to be represented. The panel ordered a publication ban on the name of the teacher to protect the identity of the victim, who is still attending the same school. The allegations of professional misconduct against J.L. 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; committing acts that would be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of judgement and disregard for the welfare of a student that demonstrates that the member is unfit to carry out his responsibilities or that his certificates should be subject to terms, limitations or conditions. The discipline panel heard evidence that J.L. acted inappropriately with a Grade 9 female student at the school where he taught. The student was 14 years old at the time the relationship began. J.L. became too familiar with the student, meeting her outside of school hours on at least 10 occasions at various locations including his apartment, outside a beer store and in his car. J.L. took the student for drives and on one occasion, while in his car, the student tried to hide so as not to be seen. J.L. hugged the student, touched the student’s face and allowed her to hug and kiss him. The panel also heard that J.L. bought the student cassette tapes and a gift certificate to a spa and told her, without being specific, that he would do something that involved the five senses for her 16th birthday. The panel heard evidence from two experts in adolescent development and in human development and psychology that J.L.’s actions were consistent with grooming behaviour at the early stage of an abusive relationship. The two experts highlighted the fact that the student was vulnerable at the beginning of the relationship and that the teacher continued the relationship despite giving assurances to the student’s mother that he would distance himself from the student. The mother had warned J.L. that her daughter was infatuated with him. The discipline panel also heard that the school board contacted the Children’s Aid Society and the police and conducted its own investigation. The board suspended J.L. with pay at the time and a subsequently without pay following an arbitrator’s decision. The panel accepted a joint statement of facts and ordered J.L.’s Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member: Stig Arne Korjus Decision: Four-month suspension, reprimand and conditions Registration Number: 118770 A panel of the Discipline Committee held a public hearing on March 28 into allegations of professional misconduct against Stig Arne Korjus, 55, of Toronto. Korjus is retired but worked as a supply teacher for the Toronto District School Board as well as a private tutor. He was certified to teach in 1968. He was present at the hearing and was represented by counsel. The allegations of professional misconduct against Korjus included failing to maintain the standards of the profession and committing acts that would be regarded by members as disgraceful, dishonourable or unprofessional. The panel heard evidence that in the summer of 1999 Korjus showed a picture of another teacher as a participant in the Gay Pride Parade to school staff and made comments that it was unwise for the teacher to have allowed his photograph to be taken. He added that the teacher in question would not be accepted by the community. Korjus also sent a copy of the picture to the parent of a student he was tutoring. In September, Korjus attempted to engage in a conversation with another teacher concerning his assumption about that same teacher’s sexual orientation and repeated that the community would not accept a gay teacher. Korjus does not recall the conversation. In late August or early September, the school principal met with Korjus and told him that if he had made negative or disparaging comments about the complainant’s sexual orientation, he should stop doing so. The teacher involved also talked to Korjus in the fall to address the issue. By the end of October, the school atmosphere had deteriorated and students were allowed to mock the teacher in a math class taught by another occasional teacher. The teacher who was being mocked heard of the incident and reported it to his federation, which advised him not to return to the school until the situation was addressed. The school principal informed Korjus that his occasional teaching assignments at the school were cancelled until an investigation was completed. The school board began investigating the incidents in November and sought to interview students, including students attending Korjus’ tutorial service. Korjus telephoned the parents of some of his students at home and spoke to them about the proposed interviews. Following their conversations, several parents refused to permit their children to be interviewed by board officials. The panel accepted an agreed statement of facts and ordered the member to be reprimanded and his Certificates of Registration and Qualification suspended for four months. The panel also ordered Korjus to successfully complete a course to increase his understanding of homophobia and its consequences and to provide evidence of it to the College before carrying on any employment as a teacher. The decision of the panel appears on the College’s public register. Member: Annie Mary Markson Decision: Certificates of Registration and Qualification revoked Registration Number: 265866 A panel of the Discipline Committee held a public hearing on February 26 into allegations of professional misconduct against Annie Mary Markson of Richmond Hill. Markson, 34, was certified to teach in 1994 and employed as an occasional teacher by the York Catholic District School Board. Markson attended the disciplinary hearing and was represented by counsel. She did not attend the penalty hearing – held May 16 – but was represented. The allegations of professional misconduct against Markson included failing to maintain the standards of the profession; abusing a student physically, sexually, verbally or emotionally; failing to comply with the Ontario College of Teachers Act and the Education Act; committing acts that would be regarded by members as disgraceful, dishonourable or unprofessional and engaging in conduct unbecoming a member. The panel heard from four witnesses that Markson engaged in an inappropriate relationship with a 14-year-old male student at the school where she taught. The relationship started in the 1997-1998 school year after the teacher asked the student’s help in acquiring computer skills and continued until August. The relationship involved telephone conversations, exchange of notes as well as meetings outside the school. One of the notes found by the student’s mother included comments like "Just the thought of you kissing/talking/breathing with another female except with me drives me crazy and makes me really upset" and "I don’t want you to get any other or more experience except through me: it sounds so selfish but that’s how I feel." The panel also heard evidence from the student’s mother that she had warned Markson about her son’s crush on her and felt reassured by the teacher’s comment that she would never leave herself alone with the student because teachers have to be careful. The student’s father testified that the teacher’s notes worried him about the safety of his son and his family. Both parents testified that their son had become closed in and uncommunicative as the relationship progressed. The panel found Markson guilty of professional misconduct and ordered her Certificates of Registration and Qualification revoked. The decision of the panel appears on the College’s public register. Member: John Edwin MacDonald Decision: 10-day suspension, reprimand and condition Registration Number: 235074 A panel of the Discipline Committee held a public hearing on April 23 into allegations of professional misconduct against John Edwin MacDonald of Windsor Hill. MacDonald, 51, was certified to teach in 1976 and was employed as a vice-principal by the Greater Essex County District School Board. MacDonald attended the hearing and was represented by counsel. The allegations of professional misconduct against MacDonald included failing to maintain the standards of the profession, abusing students physically, verbally, psychologically or emotionally; failing to comply with the Ontario College of Teachers Act and the Education Act; performing acts that he knew or should have known violated the rights, dignity and respect of students and would be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member and displaying a lack of knowledge, skill or judgement or a disregard for the welfare of students that demonstrates that he is either unfit to carry out his professional duties or that his certificate should be made subject to terms, conditions or limitations. The panel heard evidence that in December 1998, MacDonald and another teacher searched students in the school gym to recover money reported stolen by a student. MacDonald instructed the students to remove their pants and underwear so that he and the other teacher could search their clothes, shoes and gym bags. They also searched a student’s locker. When asked by a student what would be the consequence if he did not comply, MacDonald told the student he would be suspended for a month. MacDonald was suspended for 10 days by the board and removed from his position as vice-principal and returned to the classroom. MacDonald expressed sincere apologies to students, parents and the community through a school board news release and subsequently pleaded guilty to professional misconduct. The panel found MacDonald guilty of professional misconduct and ordered a suspension of 10 days concurrent to the school board’s suspension. In addition, the panel ordered that the member be counselled at his own expense by a person approved by the Registrar on boundary issues and that the member be admonished by the discipline panel. The decision of the panel appears on the College’s public register. Member: Frederick Wayne Tyrrell Decision: Certificates of Registration and Qualification revoked Registration Number: 221381 A panel of the Discipline Committee held a public hearing on April 19 into allegations of professional misconduct against Frederick Wayne Tyrrell of London. Tyrrell, 57, was certified to teach in 1964 and was employed by the Thames Valley District School Board – formerly the London Board of Education – as a teacher, a vice-principal and later a principal. Tyrrell chose not to attend the hearing or to be represented. The allegations of professional misconduct against Tyrrell included failing to maintain the standards of the profession; abusing students physically, sexually, verbally, psychologically or emotionally; failing to comply with the Education Act; contravening a law relevant to his suitability to hold Certificates of Registration and Qualification; committing acts that would be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member. The panel heard evidence of Tyrrell having sexual relationships with two female students at the school where he taught. The victims were 15 and 13 at the time. One of them was also the Tyrrell family babysitter. Tyrrell was charged with having sexual intercourse and committing acts of gross indecency with the two victims. He resigned his position with the Thames Valley District School Board in May 1997. In December 1998, Tyrrell was found guilty of one count of sexual intercourse and one count of gross indecency with the first victim and two counts of sexual intercourse, as well as one count of indecent assault and one count of gross indecency with the second victim. Tyrrell was sentenced to three years imprisonment on these convictions. The discipline panel accepted an agreed statement of facts and ordered Tyrrell’s Certificates of Registration and Qualification revoked immediately. The decision of the panel appears on the College’s public register. Member: Harvey James Rainbow Decision: Certificates of Registration and Qualification revoked Registration Number: 283145 A panel of the Discipline Committee held a public hearing into allegations of professional misconduct against Harvey James Rainbow of Woodville. The hearing started in May 1999 and concluded in August 2000, with 20 hearing days. Rainbow, 40, was certified to teach in 1984 and was employed as a teacher by the Victoria County Board of Education, now the Trillium Lakelands District School Board. The allegations of professional misconduct against Rainbow 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 and the regulations under the Act; contravening a law relevant to his suitability to hold Certificates of Registration and Qualification; committing acts that would be regarded by members as disgraceful, dishonourable or unprofessional; engaging in conduct unbecoming a member. The panel heard evidence that Rainbow engaged in inappropriate relationships with two young female students at the school where he taught and continued one of the relationships after the student moved on to high school. Rainbow used journal writing to initiate close relationships with the two students and manipulate them to obtain psychological support for his own personal problems. The panel also heard evidence from experts that Rainbow abused his position of trust with students. According to the experts, Rainbow failed to observe the boundaries appropriate to a teacher’s interpersonal relationship with students and appreciate that the responsibility to maintain an appropriate relationship was his. The panel heard that Rainbow groomed the first student and was in the process of grooming the second student until her parents intervened. The first student was 13 years old at the time the relationship developed. The panel heard that the student’s mother had talked to Rainbow and the principal of the school about her concerns regarding Rainbow’s relationship with her Grade 8 daughter. Rainbow assured the mother that there was nothing personal between him and the student. The mother continued to have concerns about the relationship when her daughter reached Grade 9. The mother was then considering her daughter’s relationship with Rainbow as a boyfriend/girlfriend relationship. The panel also heard evidence that Rainbow was found guilty of uttering death threats and assault on his wife. He was sentenced to seven months in jail and three years probation. The relationship with the first student continued to develop while he was in jail. The panel found Rainbow guilty of professional misconduct on all allegations, except that he failed to comply with the Education Act and the regulations made under the Act. The panel ordered Rainbow’s Certificates of Registration and Qualification revoked immediately. The panel’s decision appears on the College’s public register. B
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