Erica Richler

Following a finding of professional misconduct including the sexual abuse of a student and inappropriate classroom management techniques, the Discipline Committee held a penalty and costs hearing.

The parties submitted a joint submission on penalty, agreeing that the mandatory penalties of a reprimand and revocation of the member's certificate applied.

The Committee accepted the joint submission and ordered the mandatory penalties.

On the issue of costs, the College sought $50,000 while the member argued for no costs or $5,000.

Applying the Hall factors, the Committee ordered the member to pay $20,000 in costs, payable over five years, noting the member's cooperation, mixed success on the allegations, and ability to pay.

The registrant pleaded no contest to allegations of professional misconduct, including sexual and physical abuse of a client during massage therapy treatments.

The Tribunal found the registrant committed professional misconduct based on uncontested facts and a criminal conviction for assault.

The registrant resigned and undertook never to reapply for registration.

The Tribunal accepted a joint submission on penalty, ordering a reprimand and costs of $5,110.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct involving the verbal, physical, and psychological abuse of very young students.

The member pled no contest to the allegations, which included yelling at students, making demeaning comments, and forcefully grabbing and moving them.

The Discipline Committee found the member guilty of professional misconduct.

The member entered into an undertaking to permanently resign and never teach again.

The Committee accepted a joint submission on penalty, ordering that the member receive a reprimand to be recorded on the Register.

The Discipline Committee determined the penalty and costs for a teacher found guilty of professional misconduct for misusing sick leave.

The member performed at a concert while on sick leave and systematically exhausted his sick time allocations over three academic years.

The Committee ordered a reprimand, a 12-month suspension, and coursework on professional ethics.

The Committee also ordered the member to pay $30,000 in costs, finding that his uncooperative and vexatious conduct as a self-represented litigant, including unnecessarily lengthy cross-examinations and repetitive motions, significantly and unjustifiably prolonged the hearing.

The appellant, a massage therapist, was found to have engaged in professional misconduct for sexually abusing a client and his certificate of registration was revoked.

He appealed the decision and brought a motion to stay the suspension and revocation pending the appeal, and to order the College to remove the discipline decision from its website.

The Divisional Court dismissed the motion for a stay, finding that while there was a serious issue to be tried, the balance of convenience heavily favoured the public interest in protecting patients from sexual abuse by health professionals.

The request to amend the website was also dismissed as the College is required to post such decisions.

In a professional discipline hearing, the College alleged sexual abuse during a massage therapy appointment, asserting that the registrant touched the client’s arms and hands with his erect penis through clothing.

The tribunal applied the balance of probabilities standard requiring clear, cogent and convincing evidence and undertook a detailed credibility and reliability assessment of the client, the registrant, and the surrounding physical and documentary evidence.

The tribunal found the client credible in sincerity but unreliable in her observation, recall, and description of material events, including treatment details and the alleged physical sensations.

The tribunal accepted the registrant’s evidence and the defence urology expert’s opinion that the alleged contact, as described, was physically implausible.

The allegation was not proven and no finding of professional misconduct was made.

The Ontario College of Teachers brought discipline proceedings against a member for alleged professional misconduct, including sexual abuse and sexual misconduct involving a student.

The student, who had returned to his home country, was unavailable to testify.

The Discipline Committee admitted the student's videotaped police statement under the principled exception to hearsay, finding it necessary and reliable.

The Committee found the member engaged in grooming behaviour, sent inappropriate and sexual messages over social media, and touched the student sexually without consent.

The member was found guilty of professional misconduct, sexual abuse, and sexual misconduct.

An interim suspension was ordered pending a penalty hearing.

The Ontario College of Teachers brought a discipline proceeding against a member for engaging in unwanted sexual touching of a colleague after a school year-end party and of a member of the public on a separate occasion.

The member pleaded no contest to the allegations.

The Discipline Committee found the member guilty of professional misconduct, specifically disgraceful, dishonourable or unprofessional conduct, and conduct unbecoming a member.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a four-month suspension of the member's certificate of qualification and registration, and the successful completion of coursework regarding sexual harassment, professional ethics, and appropriate boundaries.

The member, an occasional teacher, faced allegations of professional misconduct for making inappropriate and disparaging comments about two students to other students and the Vice-Principal, and for sharing students' personal information and academic struggles with the class.

The member pled guilty to the allegations.

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

Accepting a joint submission on penalty, the Committee ordered a reprimand and required the member to complete a course in professionalism.

The Member admitted to professional misconduct, including sexual abuse and failing to maintain professional boundaries with a patient.

The Member made inappropriate sexual comments to the patient and engaged in personal and business activities with her during the treating relationship.

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

The Committee accepted a joint submission on penalty, ordering a reprimand, a four-month suspension (with one month remitted upon completion of an ethics course), reimbursement of up to $17,370 for patient therapy, and $6,000 in costs.

The self-represented applicant, a massage therapist, sought judicial review of a decision by the College of Massage Therapists of Ontario.

The applicant mistakenly believed the College had made a finding of professional misconduct regarding testimonials on a Google Maps listing.

The Divisional Court clarified that the College had only disposed of the matter administratively by requiring corrective actions and training.

Finding the College's disposition reasonable and noting the applicant's ability to remove the offending listing, the court dismissed the application for judicial review.

The member, a director of education, faced allegations of professional misconduct for improperly expensing personal accommodation and travel costs to his board-issued credit card.

The member pleaded no contest to the allegations and fully repaid the expenses prior to any complaint.

The Discipline Committee found the member guilty of professional misconduct, including failing to keep records, signing false or misleading documents, and engaging in disgraceful, dishonourable, and unprofessional conduct.

Accepting a joint submission on penalty, the Committee ordered a written reprimand, a one-month suspension of the member's certificate, and the successful completion of a professional ethics course.

The member, a high school teacher, faced allegations of professional misconduct for making numerous racist, sexist, and transphobic comments to students, and for sharing inappropriate and offensive materials with colleagues.

The member pleaded no contest to the allegations and agreed to a statement of uncontested facts.

The Discipline Committee found the member guilty of professional misconduct, including verbal and psychological abuse of students, disgraceful, dishonourable, or unprofessional conduct, and conduct unbecoming a member.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a seven-month suspension of the member's certificate of qualification and registration, and the successful completion of a course on professional boundaries and cultural sensitivity.

The Member, a teacher, was previously found to have engaged in professional misconduct for physically and verbally abusing a special needs student, and for yelling at colleagues and students.

At the penalty hearing, the Member sought to admit without-prejudice communications regarding penalty negotiations to argue the College was acting improperly.

The Discipline Committee ruled the communications inadmissible due to settlement privilege.

On penalty, the Committee ordered a reprimand, a five-month suspension, and coursework in anger and classroom management, noting the vulnerability of the students and the frequency of the misconduct.

The Committee also ordered the Member to pay $60,000 in costs, apportioning the financial burden of the lengthy 14-day contested hearing while considering her ability to pay.

In a professional discipline hearing, the panel accepted the registrant’s admissions that he engaged in a concurrent treating and sexual relationship with a patient, sent intimate electronic messages, engaged in sexual touching, and disclosed confidential information of other patients without consent.

The panel found professional misconduct proven under the Health Professions Procedural Code and Ontario Regulation 853/93, including sexual abuse of a patient, abuse of a patient, breach of patient confidentiality, and disgraceful, dishonourable, unprofessional or unethical conduct.

Applying the public-interest standard governing joint penalty submissions, the panel accepted a joint submission requiring a reprimand, immediate revocation of the certificate of registration, reimbursement obligations under the patient funding program, security of $17,370.00, and costs of $10,000.00.

A discipline hearing was held regarding a teacher who pled guilty to and was criminally convicted of sexual exploitation of a student.

The member admitted to the allegations of professional misconduct, including physical, psychological, and sexual abuse of the student.

The Discipline Committee accepted the agreed statement of facts and found the member guilty of professional misconduct.

Pursuant to a joint submission on penalty, the Committee ordered a reprimand, the immediate revocation of the member's teaching certificate, and reimbursement to the College for any funding provided under the Therapy and Counselling Program.

The Ontario College of Teachers brought a discipline proceeding against the Member for professional misconduct and sexual abuse of a student.

The Member did not attend the hearing but entered into an Agreed Statement of Facts and Guilty Plea.

The Discipline Committee found that the Member engaged in professional misconduct and sexual abuse.

The Committee accepted a joint submission on penalty, ordering a written reprimand, immediate revocation of the Member's Certificate of Qualification and Registration, and reimbursement to the College for any funding provided under the Therapy and Counselling Program.

The Discipline Committee of the Ontario College of Teachers found that the Member engaged in professional misconduct.

Following a joint submission on penalty, the Committee ordered a reprimand, a 7-month suspension of the Member's Certificate of Qualification and Registration, and imposed terms and conditions requiring the completion of a course on professional boundaries and cultural sensitivity training.

The Ontario College of Teachers alleged that a member misused his allotted sick time over three academic years by using his full allotment and returning to work each June to renew his benefits, and by performing at a concert while on sick leave.

The Discipline Committee found that the member's pattern of absences was a deliberate attempt to renew his sick benefits.

The Committee also found that while the member's activities at the concert did not strictly violate his medical restrictions, his failure to engage in the accommodation process while capable of performing at a concert constituted a misuse of sick time.

The member was found guilty of professional misconduct for engaging in disgraceful, dishonourable, or unprofessional conduct, and conduct unbecoming a member.

The appellants appealed compliance orders issued by the Resource Productivity and Recovery Authority regarding alleged failures to meet tire collection system requirements under O. Reg. 225/18.

The parties reached a settlement and requested the Tribunal to vary the compliance orders to require reporting on accessibility and operational compliance procedures rather than an external audit.

The Tribunal found the proposed revised orders facilitated compliance with the regulation, addressed provincial interest objectives, and were in the public interest.

The appeals were allowed in part and the compliance orders were varied accordingly.