The Dispute Resolution Program plays an increasingly key role in helping the Ontario College of Teachers resolve issues efficiently and in a cost-effective and less stressful manner. This issue of Professionally Speaking reports on five cases that were resolved through the program.

The Dispute Resolution Program is founded on the protection of the public interest and members’ rights. When the College brings together the parties involved in a complaint, it seeks the same resolution that would reasonably be expected should the matter go to a hearing, including, in some cases, the publication of the member’s name for the sake of public accountability and the protection of students.

The program can be used to resolve a matter before it gets to a hearing or to help two parties agree to certain facts before a hearing is held, allowing the hearing to focus only on the issues in dispute and saving costs for the College and the member.

Case 1

It was alleged that a secondary school teacher encouraged students to remove election signs, made comments that he would be pleased if the signs were brought to class and that students would get bonus marks for doing so.

The teacher was charged criminally in relation to these events and found guilty of mischief contrary to section 430(1)(b) of the Criminal Code of Canada in June 2000. He was given an absolute discharge. The teacher appealed and the conviction was overturned in March 2001.

The Investigation Committee accepted as a satisfactory resolution of the complaint the terms of a memorandum of agreement arrived at in accordance with the provisions of the Dispute Resolution Program. The terms ratified by the committee included that the member be cautioned regarding the limitations of students’ accurate interpretation of a teacher’s discourse.

Case 2

As a result of a school board notification, the College Registrar alleged that teacher Paul William Black made highly inappropriate sexual remarks, advances and gestures to three female secondary school students. The school board terminated Black’s employment as a result of the alleged behaviour. Black denied the allegations.

Through the Dispute Resolution Program, the College and Paul Black developed a proposed resolution and submitted it to the Investigation Committee, which accepted:

• Black’s resignation from membership in the College and the cancellation of his certificate by the Registrar

• a notation on the public register stating: “On October 26, 2001, Paul William Black resigned his membership in the Ontario College of Teachers and his Certificates of Qualification and Registration were cancelled. At the time of the resignation a complaint against Paul William Black for professional misconduct involving inappropriate sexual language was under investigation.”

• Black’s undertaking not to re-apply at any future time for a certificate

• Black’s undertaking never to teach in any elementary, secondary, public, separate or private school in the province

• the publication of a summary of the facts of the case, the allegations made in the complaint and the nature of the resolution; the College insisted on publishing the member’s name in the public interest, considering the seriousness of the allegations

• the publication to include the name of the member and a statement that the member denies the allegations made against him

• notification of the cancellation of the member’s certificate to any Canadian school, school board, teacher federation or affiliate, and all Ontario directors of education, heads of private schools, and teacher licensing and governing bodies in Canada and elsewhere who are routinely notified by the College of such cancellations.

Case 3

A retired teacher returned to occasional teaching after a number of years away from the classroom. The College received a complaint alleging that the teacher assaulted a child by striking him on the side of the head with a book after yelling at him to “shut up.”

As a result of mediation, the parent, the member and the College proposed a resolution to the Investigation Committee, which the Committee ratified. The resolution provided for:

• the member to acknowledge the harmhis actions may have caused and to apologize to the student and his family for any distress caused by him

• the member to pursue a course in classroom management in a nearby school board

• following the course, the member to job-shadow an experienced teacher for four days

• the teacher being shadowed to report completion of the job-shadowing to the Registrar

• the member to summarize his learning experience in writing to the Registrar, and

• the publication of a summary of the complaint and its disposition without the name of the parties involved.

Case 4

The College received a complaint alleging that a Grade 8 teacher psychologically abused a female student in a variety of ways, including repeatedly calling her names, yelling at her and sending her into the hall. The complaint also alleged that the member belittled the student, singled her out and refused to allow her to attend school activities.

The teacher denied the allegations indicating that the complainant’s conduct frequently required him to take steps to correct her behaviour. According to the teacher, the complainant experienced difficulties that had nothing him. The teacher indicated that he had made reasonable efforts to assist the complainant.

As a result of mediation, an agreement was reached that, in the parties’ opinion, resolved the issues raised in the complaint and satisfied the public interest. The agreement, approved by the Investigation Committee, stipulated that the teacher apologize to the student and that he receive a written caution from the committee. Since the teacher was retiring and is not planning to return to active practice, he also undertook to notify the Registrar six months in advance should he decide to return to teaching. He also agreed to attend a seminar on classroom management before returning to teaching.

Case 5

A secondary school teacher was allegedly observed by colleagues to have visited numerous pornographic web sites and to have downloaded pornography during and after school hours using school computers. An investigation revealed that the sites did not involve child pornography and that students were not involved in any way.

When confronted with the allegations by school and board officials, the teacher accepted responsibility for his actions, and stated that he was not capable of controlling his own behaviour. He took sick leave in order to seek medical assistance and retired in June 2001. The school board notified the College in accordance with its obligations under the Ontario College of Teachers Act.

Through the Dispute Resolution Program, the College and the member developed a memorandum of agreement to be approved by the Investigation Committee. The terms of the agreement are summarized below.

The teacher agrees not to teach until such time as he has been assessed by a specified medical practitioner acceptable to the Registrar, and has complied with any prescribed treatment regime and found by the medical practitioner to be fit to teach.

As well, terms, conditions or limitations that cannot be reasonably accommodated in the school setting, will be imposed on the Certificate of Qualification and Registration. Should the member return to teaching, he must accept only employment that respects any term, condition or limitation placed on his Certificate.

The member has also undertaken to complete any course of treatment prescribed or recommended by the medical practitioner.

In accordance with the approved memorandum of agreement, the following notation has been placed on the College’s public register:

“The member has entered into an agreement with the Ontario College of Teachers undertaking not to teach or return to active employment in teaching prior to the production of evidence satisfactory to the Registrar that the member is able to return to teach.”

Should the member fulfil the terms of his agreement and undertaking, this notation will be removed and replaced by a notation specifying any term, condition or limitation identified by the medical practitioner.

The Investigation Committee also agreed that the College would provide notice of the member’s agreement and undertaking to any Canadian school or school board, Ontario directors of education and heads of private schools, as well as teacher licensing and governing bodies in Canada and elsewhere that are routinely notified by the College of similar matters.

If the member breaches any term of this binding agreement, the College may provide the relevant committee with all the information necessary to fulfil its regulatory mandate.

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