The appellant, a teacher, appealed a decision of the Discipline Committee of the Ontario College of Teachers finding her guilty of professional misconduct for physically and emotionally abusing a special needs student and for unprofessional conduct towards colleagues.
The appellant argued that the Committee erred by excluding expert evidence on anti-Black racism, failing to address unconscious bias, improperly assessing credibility, and admitting an investigation report containing hearsay.
The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the Committee's factual findings or credibility assessments.
While the Committee erred in relying on prior consistent statements, the error did not result in a substantial wrong.
The penalty of a five-month suspension and costs was upheld.
