Selwyn Baboolal

The accused, a bar security guard, was charged with sexually assaulting a highly intoxicated patron in the back alleyway of the establishment.

The court applied the W.(D.) framework to assess the conflicting testimony of the complainant and the accused.

The court rejected the accused's exculpatory evidence as contradictory and unreliable, while finding the complainant's testimony credible and corroborated by circumstantial evidence and witness testimony.

The accused was found guilty of sexual assault.

The Discipline Committee held a penalty hearing for a teacher previously found guilty of professional misconduct for engaging in oral sex with a student.

The College sought revocation of the member's teaching certificate and publication of the decision with his name, arguing it was the most egregious breach of trust.

The member's counsel argued against publication with name, citing procedural fairness and hardship.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration and directed that the decision be published with his name, emphasizing the need for specific and general deterrence and public protection.

The Ontario College of Teachers brought a discipline proceeding against the Member, an occasional teacher and volunteer coach, alleging professional misconduct including sexual abuse and an inappropriate personal relationship with a male student.

The allegations stemmed from an incident in a school staff room witnessed by a caretaker.

The Discipline Committee assessed the credibility of the witnesses, finding the caretaker's testimony clear and convincing, while the Member and the student were found to be evasive and contradictory.

The Committee concluded on a balance of probabilities that a sexual encounter occurred and found the Member guilty of professional misconduct, including sexual abuse of a student.