Three-member panels of the Discipline Committee conduct public hearings into cases of alleged incompetence or professional misconduct. The panels are a mix of elected and appointed Council members. Members found guilty of incompetence or professional misconduct may have their certificate revoked, suspended or limited. In professional misconduct matters only, the committee may also reprimand, admonish or counsel the member, impose a fine, order the member to pay costs or publish the order in Professionally Speaking.
Discipline Committee panels have ordered that summaries of these recent disciplinary cases be published in Professionally Speaking. Copies of the full decisions are available at oct.ca.
Also available online are decisions and memorandums of agreement ratified by Investigation Committee panels that explicitly stipulate that documents will be made available through the College’s library or Quicklaw, a legal subscription service, or other means.
hearings
Member: Wayne Clark Thompson
Registration No: 317597
Decision: Revocation
A Discipline Committee panel revoked the teaching certificate of DSB of Niagara (formerly the Lincoln County Board of Education) teacher Wayne Clark Thompson for sexually abusing students.
Thompson was certified to teach in June 1961. He did not attend the April 30, 2012, hearing and was not represented by legal counsel. Between 1973 and 1976, Thompson engaged in sexual conversations and oral sex with two male students aged 12 and 13. He also encouraged sexual contact between the boys.
Thompson retired in 1994 and was charged with four counts of indecent assault by Niagara Regional Police in May 2009. He was found guilty and sentenced to two years in jail followed by three years’ probation, including conditions that prohibited him from attending public parks, swimming areas, daycare centres, school grounds, playgrounds or community centres where children under 16 were present.
As well, he was prohibited from seeking, obtaining or continuing in any job for pay or as a volunteer that involved being in a position of authority toward anyone under 16. Further, Thompson was directed not to contact, communicate or be alone with young people unless in the company of their parents or guardian, and that he not use computers to communicate with anyone under 16.
Having considered the evidence, onus and standard of proof and the submissions of College counsel, the Discipline Committee panel found Thompson guilty of professional misconduct and ordered the Registrar to revoke his Certificate of Qualification and Registration.
The Discipline Committee panel said that Thompson forfeited the privilege of being in the teaching profession.
“The (panel) considered the power imbalance that exists in favour of the teacher, the vulnerability of students and the privileged position of teachers in society. The victim impact statements of Student 1 and Student 2 indicated the long term, harmful and life-altering consequences the member’s action had on their lives. Sexual abuse by a teacher brings the profession into disrepute and tarnishes public trust in the profession.”
A notation regarding the revocation appears online at oct.ca ➔ Find a Teacher.
Member: Not identified
Decision: Revocation
A Discipline Committee panel revoked the teaching certificate of a York Region DSB teacher for sexually abusing a student.
The member, certified to teach in July 1998, and his legal counsel attended the hearing held on October 11, 2011, December 19 and 22, 2011, and February 16 and 17, 2012.
Between May 2004 and 2005, the member met the student at least four times and communicated with her electronically. They met for pizza, he told her he loved her and wanted to be in bed with her; he hugged, kissed and rubbed his body against hers; and he touched or attempted to touch her breast.
In a February 2004 email exchange, the member referenced a sexual act that, when reported by the student, led to a board investigation and written reprimand, and sensitivity training arranged by his federation. Despite warnings, his email correspondence continued, as did the meetings with the student.
The student complained to another teacher, who told the girl’s mother. A Children’s Aid Society investigation and police charges resulted. A criminal trial was conducted in July 2008 and the teacher was acquitted in 2009.
During testimony, the student acknowledged that she actively pursued a relationship with the member. “I was 15 years old and blinded by my own romantic notions,” she said. She also said the member said that he couldn’t continue the relationship because he would go to jail or lose his job, but that he sent mixed messages and was always prepared to meet with her. The member admitted “errors in judgment” and that he used inappropriate language, but he denied any sexual intent in his contact. He said the kiss was not romantic and was unintended.
Having considered the evidence, onus and standard of proof, and the submissions of legal counsel, the Discipline Committee panel found the member guilty of professional misconduct and ordered the Registrar to revoke his Certificate of Qualification and Registration.
In its written decision, the Discipline Committee panel said, “The member was fully aware of the Professional Advisory of the Ontario College of Teachers but, in spite of this, like a moth attracted to a flame, he persisted in actions that he knew were just plain wrong. No amount of self-serving explanation can justify his behaviour or make it appear to be right.
“The committee strongly believes that the member, when given such a clear message through a formal reprimand from his employer, should have ended all communication with (the student). When she attempted to renew communication with the member, he responded affirmatively, when he knew that he should not, and knew that it was unprofessional to do so.
“In the view of the committee, the member disregarded very specific rules and some very good advice. He willfully chose to continue this inappropriate relationship. Not to revoke would deny the true nature of this matter. This is, after all, a case of sexual misconduct.”
The panel members wrote in their decision that they would have ordered the member’s name published in this summary, but could not due to a publication ban ordered by the Ontario Court of Justice.
A notation about the revocation appears online at oct.ca ➔ Find a Teacher.
