Hearings

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

Member: Helen Marie Alexander
Registration Number: 215965
Decision: Reprimand

A panel of the Discipline Committee held a public hearing November 29, 2005 and April 27, 2006 into allegations of professional misconduct against Helen Marie Alexander. Alexander was certified to teach in 1992 and was employed as a teacher by the Toronto DSB. The member attended the hearing and was represented by counsel.

Alexander faced seven allegations of professional misconduct related to her discipline of students.

The panel received an agreed statement of facts, guilty plea and joint submission on penalty in which Alexander admitted to the facts presented. According to the agreed statement, in May 2004 Alexander used inappropriate force in disciplining a Grade 7 student. In another incident the same day Alexander used inappropriate force in dealing with a male Grade 8 student.

The panel concluded that the facts support a finding of professional misconduct. The panel ordered that Alexander be reprimanded and be ordered to undertake, at her own expense, a course of study in classroom management and anger management.

In the event the member fails to fulfill the order by September 1, 2006, her Certificates of Qualification and Registration will be suspended for two years or until she has fulfilled the requirements, whichever period is shorter.

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

Member: Walter Jakimczuk
Registration Number: 162072
Decision: Reprimand

A panel of the Discipline Committee held a public hearing April 25, 2006 into allegations of professional misconduct against Walter Jakimczuk. Jakimczuk was certified to teach in 1978 and was employed as a teacher by the Ottawa-Carleton District School Board. The member attended the hearing and was represented by counsel.

Jakimczuk faced six allegations of professional misconduct related to behaving in an unprofessional and inappropriate manner towards a male student.

The panel received an agreed statement of facts, guilty plea and joint submission on penalty in which Jakimczuk admitted that during the 2002–03 school year he acted in an unprofessional and inappropriate manner towards a male Grade 7 student in his class. The member placed his hands on the student's shoulders and used his hands to square the student's shoulders while admonishing him for his behaviour.

In a review of his conduct by his board the member admitted that he had suffered a lapse in judgment in making physical contact with the student. In a letter to him the board said that Jakimczuk demonstrated poor judgment, warned against such future interactions with students and urged him to attend a workshop in non-violent crisis intervention.

The panel concluded that the facts support a finding of professional misconduct. The panel ordered that Jakimczuk appear before them to be reprimanded. The panel directed the member to provide the Registrar with proof within 60 days that he has successfully completed a course in non-violent crisis intervention.

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

Member: Glenn Takashi Kagawa
Registration Number: 214212
Decision: Reprimand

A panel of the Discipline Committee held a public hearing May 10, 2006 into allegations of professional misconduct against Glenn Takashi Kagawa. Kagawa was certified to teach in 1996 and was employed as a teacher by the York Region District School Board. The member attended the hearing and was represented by counsel.

Kagawa faced seven allegations of professional misconduct related to sexually inappropriate verbal and electronic communication with female students.

The panel received an agreed statement of facts, guilty plea and joint submission on penalty in which Kagawa admitted to the facts presented. According to the agreed statement, in the academic year 2001–02, Kagawa acted inappropriately with three Grade 7 female students.

Kagawa admitted that he had corresponded individually via computer with two of the students, asking them whether they had been kissed or had engaged in French kissing. He spoke to another Grade 7 female student asking her personal questions, including why she was moody and uneasy.

Kagawa also communicated via computer with another student asking whether she had a boyfriend or if she had been kissed.

The panel found the member guilty of professional misconduct. The panel accepted the terms of the joint submission on penalty, ordering that Kagawa be reprimanded and that the fact of the reprimand be recorded on the public register for three years.

The panel also ordered the member to complete within 90 days, at his own expense, a course of instruction on recognition and adherence to professional teacher-student boundaries. This condition is to be recorded on the public register until it is satisfied and the member makes an application to have it removed.

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

Member: Name withheld
Decision: Reprimand

A panel of the Discipline Committee held a public hearing April 24, 2006 into allegations of professional misconduct against a member who was employed as a teacher by a school board in eastern Ontario. The member attended the hearing and was represented by counsel.

The member faced five allegations of professional misconduct related to inappropriate behaviour towards a female colleague.

The panel received an agreed statement of facts in which the member admitted that, between October and December of 2004, he had acted in an unprofessional and inappropriate manner towards a female colleague. Among other things, the member admitted to sending his colleague numerous letters, leaving candy and other small gifts for her and telling her he had feelings for her and she should not tell her husband about the conversation. He also wrote to her that he loved her, that he had observed her in a sexual manner for many years and described in a letter the parts of her body he liked. He sent apologetic e-mails to her after being told not to correspond with her anymore.

The agreed statement of facts included the information that the member was suffering a clinical depression at the time, for which he sought medical care.

The panel found the member guilty of professional misconduct. It accepted the terms of a joint submission on penalty and ordered that the member appear before it to be reprimanded. The panel also directed the Registrar to suspend the member for three months, but not impose the suspension as long as the member completed, at his own expense, a course in professional boundaries with colleagues.

The panel ordered that a summary of the proceedings be published in Professionally Speaking without the name of the member, accepting that the member's health at the time of the incidents was a mitigating factor.

The decision of the panel appears on the public register.

Member: Name withheld
Decision: Admonishment

A panel of the Discipline Committee held a public hearing April 27, 2006 into allegations of professional misconduct against a member who was employed as an elementary teacher by the Toronto DSB. The member attended the hearing and was represented by counsel.

The member faced two allegations of professional misconduct related to inappropriate comments to female students.

The panel received an agreed statement of facts in which the member admitted that during the 2002–03 academic year he told female students that they had nice eyes, a pretty smile and were pretty and that he told a female student that she was one of his favourites.

As a result of the events giving rise to this complaint, the school board suspended the teacher without pay for a period of five days.

The panel found the member guilty of professional misconduct. The panel accepted a joint submission on penalty and ordered that the member be admonished and that the fact of the admonishment be recorded on the public register for two years. The terms of the joint submission acknowledge that the member has completed a course of instruction regarding maintaining appropriate boundaries with students.

Counsel for the College indicated there was no agreement as to publication and deferred to the committee in this regard. Counsel for the member argued for publication in summary without the name of the member.

The panel ordered a summary of its decision to be published without the name of the member, citing as reasons the fact that the incidents giving rise to the misconduct were isolated and not severe, there was no evidence presented of previous misconduct and the member voluntarily completed a course of instruction on maintaining appropriate boundaries.

The decision of the panel appears on the public register.

Member: Paul Ronald Leo Primeau
Registration Number: 438054
Decision: Reprimand

A panel of the Discipline Committee held a public hearing May 8, 2006 into allegations of professional misconduct against Paul Ronald Leo Primeau. Primeau was certified to teach in 2000 and was employed as a probationary elementary teacher by the Durham DSB. The member attended the hearing and was represented by counsel.

Primeau faced seven allegations of professional misconduct related to inappropriate behaviour in the classroom.

The panel heard evidence that Primeau behaved inappropriately in the classroom in that he shouted at students, made insulting and inappropriate remarks to some students and about colleagues, and touched female students inappropriately.

The panel heard that, among the actions that made female students uncomfortable, Primeau ran his finger through one student's hair and told her it looked good when it was down, touched students on the cheeks, shoulders, back and arm, called them “sweetie” or “honey” and stared at their breasts and buttocks.

He told students they were stupid, told a male student he was useless and commented about a male student that he threw a ball “like a girl.” He told students “I can't help it if you all have bad parents” and told a colleague that once he had a contract he would not have to impress people and would be “untouchable.” He routinely swore in class and was observed by male and female students and a colleague on a number of occasions with his hand inside his trousers fondling himself.

In March 2003, Primeau's employment was terminated by the board for cause.

Primeau pleaded no contest and the panel found him guilty of professional misconduct.

The panel accepted the terms of a joint submission on penalty and directed Primeau to appear before them to be reprimanded, the fact of the reprimand to be recorded on the public register for three years.

The panel also ordered Primeau to complete, at his own expense, a course on classroom management and a course on recognizing and adhering to professional boundaries. He must provide proof that he has completed both courses within 12 months of the order and inform the Registrar a month beforehand of the date of his return to the classroom and the nature and location of his employment. Within a year of returning to the classroom Primeau must provide the Registrar with a copy of his performance review completed by his employer.

The decision of the panel appears on the public register.

Member: Erin Jay Montemurro
Registration Number: 267837
Decision: Reprimand

A panel of the Discipline Committee held a public hearing April 26, 2006 into allegations of professional misconduct against Erin Jay Montemurro. Montemurro was certified to teach in 1992 and was employed as a teacher of adult students by the Hamilton-Wentworth District School Board. The member attended the hearing and was represented by counsel.

Montemurro faced six allegations of professional misconduct related to inappropriate comments and behaviour in the classroom.

The panel heard evidence that during the 2002–03 academic year, during a class demonstration of CPR, Montemurro kissed an adult male student in front of the class, which shocked and embarrassed the student. Montemurro also engaged in conduct that caused his students embarrassment, unhappiness, humiliation and discomfort. Some examples presented were that he made one student who was late stand in the corner with books on his head, described the contents of an ESL student's workbook as “garbage” and ripped pages from the notebook, gestured with his arms and pelvis to indicate sexual intercourse.

Some of the students were offended by Montemurro's conduct, resulting in a disruption to the work and learning environment of the school. The board suspended Montemurro for one year.

The member pleaded guilty to the allegations. The panel found him guilty of professional misconduct and ordered that he be reprimanded and counselled about the importance of maintaining appropriate boundaries with students.

The panel also ordered that the member's teaching licence be suspended for one month. However, the suspension will not be imposed if he completes a course of instruction, at his own expense, regarding classroom management skills with a focus on adult students. Following his return to teaching the member must provide the Registrar with a copy of his next performance appraisal within 30 days of it being completed.

The decision of the panel appears on the 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 Glossary of Terms.