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Hearings

Panels of the Discipline Committee have ordered summaries of recent disciplinary cases to be published in Professionally Speaking.


Member: Barry Mark Anderson
Registration Number: 395310
Decision: Certificates Revoked

A panel of the Discipline Committee held a public hearing on April 6, 2005 into allegations of professional misconduct and/or incompetence against Barry Mark Anderson. Anderson was certified to teach in 1996 and was employed as a teacher by the Algonquin and Lakeshore Catholic District School Board. The member did not attend the hearing and was not represented by counsel.

Anderson faced eight allegations of professional misconduct and incompetence related to the sexual assault of two female students.

In the absence of the member, the chair of the panel entered a plea of not guilty on Anderson's behalf.

The College withdrew allegations of incompetence.

College counsel presented evidence that Anderson had been convicted in 2003 of sexual assault on two female students or former students. The panel heard that in 2001 the member gave an 18-year-old student rides to and from school and discussed personal matters with her. In October 2001, he invited her to his apartment for dinner and provided her with alcohol and marijuana. He made sexual advances to her, which the student resisted and left his apartment.

In June 2002, the member invited a 17-year-old former student to his apartment for dinner where the two drank and the student became intoxicated. Anderson sexually assaulted the student who later went to the police.

In 2003, Anderson was convicted of sexual assault and in February 2004 was sentenced to a prison term of 15 months and probation for two years. He did not appeal the conviction or the sentence.

The panel found the member guilty of professional misconduct and ordered his Certificates of Qualification and Registration be revoked.

The decision of the panel appears on the College's public register.


Member: David Bruce Field
Registration Number: 169536
Decision: Terms and Conditions on Certificate

A panel of the Discipline Committee held a public hearing on March 21, 2005 into allegations of professional misconduct and/or incompetence against David Bruce Field. Field was certified to teach in 1983 and was employed as a teacher by the Durham Board of Education, the predecessor of the Durham District School Board. The member attended the hearing and was represented by counsel.

Field faced seven allegations of professional misconduct related to inappropriate touching of female elementary students.

College counsel and the member's counsel submitted an agreed statement of facts, plea of no contest and a joint submission on penalty.

In the agreed statement of facts, Field admitted that during the 1987-88 school year, he patted the buttocks of a number of elementary school students in his Grade 1 and 2 classes.

According to the agreed statement of facts, Field intended the touching to be a gesture of encouragement and/or warmth towards his students.

Field admitted that by his conduct he failed to respect appropriate physical boundaries between teachers and students.

In 1989, Field was convicted of sexual assault. However, the conviction was quashed on appeal and a new trial ordered. In 1991, the charges were withdrawn and the member returned to his school board as an occasional teacher.

From September 1991 to 2002, Field was employed by the Renfrew County District School Board as an elementary teacher.

In September 2002, Field was again charged with sexual assault and interference in relation to the same events and was again suspended by his board. In June, some of the charges were dismissed following a preliminary hearing. By the end of the year, the rest of the charges had been withdrawn or stayed.

The panel found Field guilty of professional misconduct. However, it accepted that Field's conduct was not sexual in nature and that he had already been suspended for a prolonged period.

The panel ordered that he complete, at his own expense, a course of study on appropriate boundaries for physical contact with primary-aged children.

Field must also provide the Registrar within three months with evidence that he has not been the subject of any complaint or discipline while working for the Renfrew County District School Board, and that he inform the Registrar immediately of any disciplinary action that may arise from inappropriate touching in the next two years.

The decision of the panel appears on the College's public register.


Member: Donald Arthur Curtis
Registration Number: 286873
Decision: Certificates Revoked

A panel of the Discipline Committee held a public hearing May 31, 2005 into allegations of professional misconduct against Donald Arthur Curtis. Curtis was certified to teach in 1961 and was employed as an occasional teacher by the Halton District School Board. The member attended the hearing and was represented by counsel.

Curtis faced seven allegations of professional misconduct related to his criminal conviction on charges of possessing child pornography.

The panel received an agreed statement of facts and guilty plea in which Curtis admitted that in January 2005 he had pleaded guilty in criminal court to a charge that during a one-year period ending in March 2003 he was in possession of graphic computer images of child pornography.

Curtis had also pleaded guilty to breaching one of the terms of his recognizance previously imposed by the court in connection with the child pornography charges. Before his trial, while free on his own recognizance, Curtis had accepted a job in a music store in which he sometimes gave lessons to young people without another adult present.

The courts sentenced Curtis to a jail term of 141 days, which was suspended, and a three-year period of probation.

Counsel for the College suggested that the panel revoke Curtis' Certificates of Qualification and Registration. Counsel noted that the images of child pornography that were found in Curtis' possession numbered in the thousands and reminded the panel that Curtis had breached the terms of his recognizance by being alone with a child under the age of 14 to give music lessons.

Counsel for the member asked the panel to suspend Curtis' Certificates of Qualification and Registration for two years on the grounds that the member was seeking treatment for a sexual addiction, that there was no evidence that he had engaged in inappropriate behaviour with any student, and that Curtis was remorseful. The member's counsel also asked that publication of the hearing in Professionally Speaking not include Curtis's name.

The panel found Curtis guilty of professional misconduct and ordered that his Certificates of Qualification and Registration be revoked and that the findings and order of the panel be published with the member's full name.

In its written decision, the panel accepted the evidence in the agreed statement of facts that Curtis had been convicted of possessing child pornography and that he had breached his recognizance prohibiting contact with minors unless an adult was present. The panel was not persuaded that embarrassment to Curtis constituted a compelling reason not to publish his name in Professionally Speaking and decided the seriousness of his offences justified publication.

The decision of the panel appears on the College's public register.


Member: George Albert Ventura
Registration Number: 247607
Decision: Certificates Revoked

A panel of the Discipline Committee held a public hearing May 31, 2005 into allegations of professional misconduct and/or incompetence against George Albert Ventura. Ventura was certified to teach in 1979 and was employed as a teacher by the Toronto District School Board. The member did not attend the hearing but was represented by counsel.

Ventura faced nine allegations of professional misconduct and incompetence related to making, possessing and distributing child pornography.

The panel received an agreed statement of facts, guilty plea and joint submission on penalty in which Ventura admitted that between November 2000 and March 2001 he made, possessed and distributed child pornography including photographs, stories and videos depicting child pornography.

According to the agreed statement of facts, Ventura superimposed photographs of the faces of students onto photographs of young males depicted in sexual acts. Ventura posted such images on the Internet and provided copies to third parties. Ventura used school computer equipment for some of these activities.

In January 2004, Ventura pleaded guilty to three counts related to making, distributing and possessing child pornography. In an agreed statement of facts submitted at his trial, Ventura admitted to possessing over 6,400 images of child pornography, thousands more images of child erotica, and approximately 80 binders containing hundreds of pictures and stories, many referring to teacher-student relationships.

Ventura was sentenced to one year in jail and another year of probation.

The panel accepted Ventura's guilty plea and ordered that his Certificates of Qualification and Registration be revoked.

The decision of the panel appears on the College's public register.


Member: Shanmuga Naidu
Registration Number: 373364
Decision: Certificates Cancelled

A panel of the Discipline Committee held a public hearing June 7, 2005, into allegations of professional misconduct against Shanmuga Naidu. Naidu was certified to teach in 1998 and was employed as an occasional teacher by the District School Board of Ontario North East. The member did not attend the hearing and was not represented by counsel.

Naidu faced four allegations of professional misconduct related to inappropriate conversations and contacts with two adult female students.

College counsel presented the panel with an agreed statement of facts, plea of no contest and a joint submission on penalty.

In the agreed statement of facts, Naidu admitted that between December 2002 and January 2003 he made inappropriate references to the personal and physical attributes and the personal lives of two adult female students.

On one occasion, he hugged one of the students. On another occasion, he suggested to the other student that she come to his home to help him mark papers.

In the agreed statement of facts, Naidu acknowledged that by his conduct he failed to respect well-recognized boundaries of appropriate teacher-student relationships. He put his students at risk of misinterpreting his motives and of being distracted from more appropriate academic pursuits.

In the joint submission on penalty, Naidu asked to be able to resign his membership.

The panel found Naidu guilty of professional misconduct and ordered that he surrender his Certificates of Registration and Qualification, which would be cancelled by the College.

The panel further ordered that Naidu not reapply for membership in the College until he has provided the Registrar with proof of successful completion, at his own expense, of a course of instruction respecting teacher-student boundaries.

The decision of the panel appears on the College's public register.


Member: Sheryl Ann Gervais
Registration Number: 127423
Decision: Certificates Suspended

A panel of the Discipline Committee held a public hearing April 27, 2005 into allegations of professional misconduct against Sheryl Ann Gervais. Gervais was certified to teach in 1966 and was employed as an elementary teacher by the Renfrew County Catholic District School Board. The member did not attend the hearing and was not represented by counsel.

Gervais faced six allegations of professional misconduct related to defaulting on loans and contravening laws relevant to her suitability to hold a teaching certificate.

The panel heard that between 1989 and 2001, Gervais acted inappropriately and unprofessionally in that, under false pretences, she borrowed more than $1 million from various residents of Westneath. Gervais refused or neglected to pay back the money, permanently depriving the owners of the funds. She also contravened laws relevant to her suitability to hold a teaching certificate.

College counsel submitted a memorandum of agreement (MOA) made with Gervais's counsel in which the member pleaded guilty to professional misconduct.

Under the terms of the MOA, Gervais agreed to inform the Registrar immediately of any future criminal charges arising from incidents similar to those giving rise to this complaint.

The panel found the member guilty of professional misconduct and ordered her Certificates of Qualification and Registration suspended for 14 months from April 27, 2005.

The decision of the panel appears on the College's public register.


Member: Not Identified
Decision: Admonishment and Conditions

A panel of the Discipline Committee held a public hearing April 27, 2005 into allegations of professional misconduct against a male teacher. The teacher was certified to teach in 1992. The member attended the hearing and was represented by counsel.

The member faced three allegations of professional misconduct related to conversations with a female student, inapproprate in its tone and subject matter, concerning his part-time employment outside of the school system.

The panel received a memorandum of agreement from College counsel and the member's counsel in which the member pleaded guilty to professional misconduct as alleged.

The panel found the member guilty of professional misconduct and accepted the penalty proposed in the memorandum of agreement. Under the terms of the agreement, the panel ordered that the member be admonished in person and that within 90 calendar days he complete a course of instruction, at his own expense, in maintaining appropriate boundaries with students. Within 120 days, the member must provide the Registrar with written confirmation of the successful completion of the course of instruction.

Counsel for the member requested that publication in Professionally Speaking exclude the member's name. The College did not make any submissions as to publication. The panel ordered that the summary be published without the member's name or name of the employing school board.

The decision of the panel appears on the College's public register.

Glossary of terminology

The 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 www.oct.ca Investigations/Hearings Hearing Decision Summaries Glossary of Terms.

Professionally Speaking reported the first College disciplinary hearings in the June 1998 edition.

Summaries are also posted on the College web site at www.oct.ca.