Ontario College of Teachers v. Mosley, 1998 CanLII 19463

ONTARIO COLLEGE OF TEACHERS

DISCIPLINE COMMITTEE

Citation: Ontario College of Teachers v Mosley, 1998 ONOCT 6

Date: 1998-06-15

REASONS FOR DECISIONS AND ORDERS

IN THE MATTER OF ONTARIO COLLEGE OF TEACHERS ACT, 1996, and the Regulation (Ontario Regulation 437/97) thereunder:

AND IN THE MATTER OF discipline proceedings against Ian Lloyd Mosley,

The Discipline Committee held a hearing on April 8, 1998,

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

• and -

IAN LLOYD MOSLEY

CERTIFICATE # 286429

PRESENT:

Members of the Panel

George Merrett (Chair)

Wayne Cornack

Karen Mitchell

L. Thomas Forbes, Q.C, Counsel for the Ontario College of Teachers

No one appeared for Ian Lloyd Mosley

A Notice of Hearing was served on Ian Lloyd Mosley on February 19^th, 1998, (Exhibit 1). Ian Mosley did not attend at the hearing and was not represented.

It is alleged that Ian Lloyd Mosley is guilty of professional misconduct in that he:

(a) failed to maintain the standards of the profession;

(b) abused his student physically, sexually, psychologically and emotionally;

(c) failed to supervise adequately a person under the professional supervision of the member;

(d) failed to comply with the Ontario College of Teachers Act, the Education Act and the regulations contained therein;

(e) contravened laws relevant to the member’s suitability to hold a Certificate of Qualification and Registration.

EVIDENCE:

The Discipline Committee ordered that there be a prohibition on the name of the victim and other information that could lead to the identification of the victim.

Detective Tom Adlington testified to:

1. the details of the complaint against Ian Mosley, by a female student, of indecent assault over a period of four years, beginning when she was ten years old.

2. The investigation conducted by the police, leading to the conviction for indecent assault on the student. Ian Mosley pleaded guilty (See Exhibit 1, Certificate of Conviction, and Exhibits 3 and 4, Trial Transcripts);

3. The Agreed Statement of Fact used in the criminal trial. Ian Mosley was sentenced to 18 months imprisonment and probation for three years.

In evidence given by the victim herself, she described:

1. the conditions and nature of the sexual assault;

2. the manipulation, control and indoctrination she experienced;

3. the emotional and physical trauma she has endured, which has manifested itself through eating disorders, a suicide attempt, and other psychological and disabling problems which have delayed her ability to proceed with her life in a normal fashion.

DECISIONS AND ORDERS:

Based on the uncontested evidence, the Discipline Committee finds Ian Lloyd Mosley in breach of Sections 1(7), 1(17), 1(18), and 1(19) of the Professional Misconduct Regulation, and thus guilty of professional misconduct as alleged. The Discipline Committee orders the Registrar to revoke Ian Lloyd Mosley’s Certificate of Qualification and Registration.

Pursuant to Section 30(5)(iii) of the Ontario College of Teachers Act, the finding and order of the Discipline Committee of the Ontario College of Teachers shall be published in the official publication of the College, naming the member, and stating the decision in summary.

DATED AT TORONTO, THIS DAY OF , 1998

BY ORDER OF THE DISCIPLINE COMMITTEE

___________________________________________

GEORGE MERRETT, Chair

___________________________________________

KAREN MITCHELL

___________________________________________

WAYNE CORNACK