James Melnick

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 applicant filed an application under the Human Rights Code alleging a failure to accommodate her workplace restrictions.

The respondent employer and union requested that the application be deferred because a union grievance based on the same facts and issues had already been referred to arbitration.

The Tribunal deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority to enforce human rights obligations and that deferral is the Tribunal's normal approach in such circumstances.

The applicant sought to add two individuals as personal respondents to her human rights application alleging pregnancy discrimination.

The corporate respondent opposed the request, confirming it would accept liability if discrimination was found and had the ability to pay any compensation.

The Tribunal denied the request, noting that under section 46.3(1) of the Human Rights Code, a corporation is deemed liable for the acts of its employees, and there were no compelling reasons such as allegations of harassment or inability to pay to justify adding the individuals.