Stéphane Vallée

The Member, a teacher whose certificate was mandatorily revoked after being found to have sexually abused a student by making remarks of a sexual nature, brought a motion challenging the constitutionality of the mandatory revocation provisions of the Ontario College of Teachers Act.

The Member argued the provisions violated his right to freedom of expression under section 2(b) of the Charter.

The Discipline Committee admitted expert evidence from both parties.

Applying the Irwin Toy and Oakes tests, the Committee found that while the mandatory revocation provisions do infringe on the Member's freedom of expression, the infringement is demonstrably justified under section 1 of the Charter.

The Committee held that protecting vulnerable students from the harmful effects of sexual abuse is a pressing and substantial objective, and that a bright-line rule of mandatory revocation is rationally connected and proportionate to that goal.

The constitutional motion was dismissed.

In a discipline proceeding against a teacher found to have engaged in sexual abuse, the member brought a constitutional motion challenging the mandatory revocation provisions of the Ontario College of Teachers Act.

Prior to hearing the motion, the parties sought a ruling on the admissibility of two expert reports.

The Discipline Committee ruled that the expert reports of Dr. Anthony Doob, regarding general deterrence and mandatory minimum sentences, and Dr. Mary Louise Arnold, regarding the harms of sexual abuse in teacher-student interactions, were both admissible.

Written reasons were to follow.

The Discipline Committee previously found that the member engaged in professional misconduct, including the sexual abuse of a student.

At the penalty hearing, the Committee applied the mandatory penalty provisions under the Ontario College of Teachers Act, 1996.

The Committee ordered that the member receive an oral reprimand and directed the Registrar to immediately revoke the member's certificate of qualification and registration.

The panel remained seized to hear a constitutional challenge to the mandatory penalty provisions at a later date.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct.

The allegations included consuming alcohol on a field trip, making inappropriate comments about rape, miscarriage, and vaginal tearing to a Grade 8 class, and sending inappropriate Facebook messages to a former student.

The Discipline Committee found the member guilty of professional misconduct, including verbal, psychological, and emotional abuse.

The Committee also found that the Facebook messages were of a sexual nature, constituting sexual abuse of a student under the Act.

An interim order suspending the member's certificate was issued pending the penalty phase.

At a discipline hearing, the member attempted to enter a plea of no contest pursuant to an agreement with the College.

However, the member made statements to the panel that raised concerns about the validity of the plea and the agreement.

After giving the member an opportunity to speak with counsel, the member maintained his position.

On its own motion, the panel declined to accept the Statement of Uncontested Facts and Plea of No Contest, and adjourned the matter to be heard as a contested hearing before a newly constituted panel.

The Ontario College of Teachers brought discipline proceedings against a member for professional misconduct, including showing an R-rated movie with sexual content to Grade [XXX] students, making inappropriate comments to students who complained, sleeping in class, and accessing a dating website during class time.

The Discipline Committee found the member guilty of professional misconduct and sexual misconduct.

The member, who did not attend the hearing, was ordered to receive a reprimand, serve a six-month suspension, complete coursework on boundary violations, and pay $10,000 in costs.

At a discipline hearing regarding allegations of professional misconduct, the member presented a Statement of Uncontested Facts and Plea of No Contest.

During the panel's investigation of the plea, the member made representations that raised concerns about the validity of the plea and the agreement between the parties.

With the consent of the parties and on the advice of Independent Legal Counsel, the panel ordered an adjournment.

The matter will be heard by a newly constituted panel.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct, alleging a pattern of inappropriate conduct towards female students between 2009 and 2017.

The member pleaded no contest to the allegations, which included making sexually suggestive remarks, staring at students' bodies, and engaging in unwanted physical touching.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse as defined in the Ontario College of Teachers Act.

Accepting a joint submission on penalty, the Committee ordered the immediate revocation of the member's teaching certificate and issued a written reprimand, noting that revocation is mandatory for findings of sexual abuse.

The Ontario College of Teachers brought a discipline proceeding against a member who pled guilty to three counts of extortion under the Criminal Code involving three former intimate partners.

The member admitted to harassing, threatening, and extorting the partners, including threatening to distribute intimate images and making unfounded complaints to a regulatory body.

The Discipline Committee found the member guilty of professional misconduct, noting the conduct was disgraceful, dishonourable, and unprofessional.

The Committee accepted a joint submission on penalty, ordering a written reprimand and the immediate revocation of the member's Certificate of Qualification and Registration.

The Member, a teacher, pled guilty to professional misconduct including the sexual abuse of three students.

The Member had engaged in inappropriate online sexual communications with the students and was criminally convicted of luring a child to commit sexual exploitation.

The Discipline Committee accepted the Agreed Statement of Facts and found the Member guilty of professional misconduct.

Pursuant to the mandatory penalty provisions of the Ontario College of Teachers Act for sexual abuse, the Committee ordered that the Member be reprimanded and directed the Registrar to revoke her certificate of qualification and registration.

The member, a teacher, engaged in an inappropriate personal relationship with a student, which included providing the student with alcohol and cigarettes, engaging in sex talk, and committing indecent acts in the student's presence.

The member was criminally convicted of exposure and invitation to sexual touching.

At the discipline hearing, the member pleaded no contest to the allegations.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse of a student.

Pursuant to the mandatory penalty provisions of the Ontario College of Teachers Act, the Committee ordered the immediate revocation of the member's teaching certificate and a written reprimand.

The Ontario College of Teachers brought professional misconduct allegations against the Member for engaging in an inappropriate personal and sexual relationship with a student.

The matter proceeded by way of an Agreed Statement of Facts and Guilty Plea.

The Discipline Committee found the Member guilty of professional misconduct, including sexual abuse of a student, psychological or emotional abuse, and conduct unbecoming a member.

Pursuant to the mandatory penalty provisions of the Ontario College of Teachers Act, 1996, the Committee ordered the immediate revocation of the Member's Certificate of Qualification and Registration and directed that she receive a written reprimand.

The Ontario College of Teachers brought a motion to withdraw the allegations against the Member set out in a 2018 Notice of Hearing.

The College submitted that due to the passage of time, student witnesses were either unable to recall the events or could not be located, leaving no reasonable prospect of proving the allegations.

The Member did not attend the proceeding.

The Discipline Committee granted the motion, finding it reasonable and appropriate as there was no significant risk to the public and it was not in the public interest to expend resources on a hearing with no reasonable prospect of success.

The Member, who was self-represented, brought two motions before the Discipline Committee of the Ontario College of Teachers: a motion for an indefinite adjournment of his discipline hearing, and a motion for the production of third-party records to compel a doctor to author a medical report.

The College consented to an adjournment but opposed it being indefinite.

The Panel granted the adjournment to allow the Member time to retain counsel and obtain medical evidence, but imposed a six-month timeframe and conditions, finding that an indefinite adjournment was not in the public interest.

The Panel dismissed the production motion, ruling that it was not the appropriate mechanism to compel a third party to create an expert report.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the Member.

The parties agreed to the withdrawal in exchange for the Member entering into an Undertaking and Acknowledgment, which imposed terms, conditions, or limitations on her Certificate of Qualification and Registration.

The Discipline Committee granted the motion, finding that the withdrawal was reasonable and served to protect the public interest.

The Member, an occasional teacher, pleaded guilty to professional misconduct for repeatedly failing to adequately supervise students, including falling asleep in class and leaving early, and for making inappropriate and racist comments to and in front of students.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand, a four-month suspension of his Certificate of Qualification and Registration, and the completion of coursework on boundaries, classroom management, and cultural sensitivity before returning to teaching.

The Ontario College of Teachers brought professional misconduct allegations against the Member for purchasing and consuming alcohol and marijuana with two underage former students at their home without parental knowledge.

The Member pleaded guilty to the allegations.

The Discipline Committee found the Member guilty of professional misconduct, including disgraceful, dishonourable, and unprofessional conduct.

The parties presented an amended joint submission on penalty after the Committee expressed concerns that the initial proposal of a three-month suspension was inadequate.

Applying the public interest test, the Committee accepted the amended joint submission, ordering a reprimand, an eight-month suspension, and the completion of coursework on professional boundaries.

The Member, a teacher, faced allegations of incompetence following three unsatisfactory performance appraisals under the New Teacher Induction Program.

The appraisals identified deficiencies in lesson planning, instructional strategies, student assessment, and classroom management.

The Member pleaded no contest to the allegations.

The Discipline Committee found the Member incompetent and accepted a joint submission on penalty, ordering that terms, conditions, or limitations be placed on his Certificate of Qualification and Registration, including the completion of an Additional Qualification course and subsequent performance appraisals upon returning to teaching.

The Member, a teacher, faced allegations of professional misconduct for verbally, physically, and emotionally abusing students.

The Member yelled at students, used inappropriate language, and used unnecessary physical force.

The Member pleaded no contest to the allegations.

The Discipline Committee accepted the uncontested facts and found the Member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a three-month suspension of the Member's certificate, and the successful completion of an anger management course.

The Member, a teacher, faced allegations of professional misconduct for verbally and emotionally abusing students by making inappropriate comments about suicide and killing, and by calling students derogatory names such as 'meatball', 'sausage', and 'dorks'.

The Member pled guilty via an Agreed Statement of Facts.

The Discipline Committee found the Member guilty of professional misconduct and accepted a joint submission on penalty, ordering a reprimand, an 8-month suspension of her teaching certificate, and the completion of coursework on professional boundaries and classroom management.