Fiona Wang

In a professional discipline penalty decision, the Tribunal addressed sanction, therapy funding, security, and costs after prior findings that the registrant had committed sexual and physical abuse of a client and had been convicted of sexual assault during a massage therapy appointment.

Applying the mandatory penalty provisions of the Health Professions Procedural Code, the Tribunal held that a reprimand and revocation were required and that there was no discretion to impose a lesser sanction.

The Tribunal also ordered reimbursement of therapy and counselling funding up to the statutory maximum, required security for that reimbursement, and imposed costs.

A publication restriction protecting the client's identity remained in place.

The discipline tribunal proceeded in the registrant's absence after finding proper notice had been given.

Relying on documents from the related criminal proceeding, it found that the registrant sexually abused a client during a massage therapy session and had been convicted of sexual assault under s. 271 of the Criminal Code.

The tribunal held that the conviction was relevant to suitability to practise, that the conduct constituted sexual and physical abuse, breached professional standards, and amounted to disgraceful, dishonourable or unprofessional conduct.

Because the findings engaged prescribed misconduct and sexual touching of a client, the tribunal held that an interim suspension was mandatory pending the penalty and costs phase.

The Discipline Committee held a penalty hearing for a teacher found to have committed professional misconduct by physically, verbally, and emotionally abusing Grade [XXX] students over several years.

The member did not attend the hearing.

The Committee ordered a reprimand, a six-month suspension of her teaching certificate, and terms requiring her to complete coursework in classroom management and anger management before returning to teaching.

The Committee also ordered the member to pay $12,000 in costs to the College due to her failure to participate in the proceedings, which necessitated a full hearing with multiple witnesses.

During a discipline hearing against a teacher, two of the three panel members became incapable of continuing.

The self-represented member brought a motion challenging the jurisdiction and propriety of the panel proceeding with only one member.

The remaining panel member held that while section 4.4(1) of the Statutory Powers Procedure Act confers jurisdiction to proceed with one member, it is a discretionary power.

Given the former Chair's assurances about the process, the fairness concerns of losing collective decision-making in a contested hearing with a self-represented litigant, and the relatively early stage of the hearing, the panel declined to exercise its discretion to proceed.

A new panel must be struck.

The Member, an elementary school teacher, faced allegations of professional misconduct for verbally and physically abusing two students.

The Member admitted to pulling one student by the shirt and yelling at her, and pulling another student by her clothing to get her back in line.

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

Accepting a Joint Submission on Penalty, the Committee ordered a reprimand and required the Member to complete a course in classroom management.

The Ontario College of Teachers brought a discipline proceeding against a member who pleaded guilty to professional misconduct.

The member had previously been convicted of fraud under $5,000 for filing false benefit claims totaling $3,368.47 with her school board's benefits provider.

Additionally, the member failed to inform the board of her court dates and falsely claimed a sick day to attend court.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty.

The member was found guilty of professional misconduct and ordered to receive a reprimand and complete a course on ethical practice.