ONTARIO COLLEGE OF TEACHERS
DISCIPLINE COMMITTEE
Citation: Ontario College of Teachers v Sanderson, 1998 ONOCT 12
Date: 1998-10-19
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 John Arthur Sanderson,
The Discipline Committee held a hearing on October 19, 1998,
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
- and –
JOHN ARTHUR SANDERSON
CERTIFICATE #432865
PRESENT:
Members of the Panel
Donna Marie Kennedy (Chair)
Marilyn Laframboise
Diane Leblovic
Caroline Zayid, Counsel for the Ontario College of Teachers
No one appeared for John Arthur Sanderson.
OVERVIEW
A Notice of Hearing was served on John Arthur Sanderson on August 21, 1998 (Exhibit 1) requesting attendance before the Discipline committee of the Ontario College of Teachers and specifying the charges. It is alleged that John Arthur Sanderson is guilty of professional misconduct in that he violated sections 1(7), 1(15), 1(16), 1(17), 1(18), and 1(19) of the Professional Misconduct Regulation made under the Ontario College of Teachers Act and filed as Ontario Regulation 437/97 on December 4, 1997.
The Discipline Committee of the Ontario College of Teachers met on October 19, 1998, to consider whether John Arthur Sanderson was guilty of professional misconduct.
John Arthur Sanderson did not attend at the hearing, nor was he represented by counsel.
At the request of Caroline Zayid, acting as prosecutor, the Discipline Committee ordered that the names of the victims, and any information which might lead to their identification, not be published.
EVIDENCE
An Agreed Statement of Facts presented to the panel supported the allegation of professional misconduct (Exhibit 2). On October 6, 1992, John Arthur Sanderson was charged with the following: sexual interference involving a female under 14 years of age and two counts of sexual exploitation involving the same female who had reached the age of 14 years. On June 22, 1994 he was found guilty of all three charges. On the first count, he was sentenced to one year in jail, on the second count, he was sentenced to two years less a day and on the third count, he was sentenced to two years less a day. The sentences were ordered to be served concurrently. Mr. Sanderson was also sentenced to two years probation.
REASONS
In the Agreed Statement of Facts, there is evidence that supports the fact the John Arthur Sanderson was charged with and convicted of sexual interference involving a female under 14 years of age as well as two counts of sexual exploitation involving the same female who was now 14 years of age. Mr. Sanderson was the victim’s teacher when the sexual interference and sexual exploitation occurred and in a position of trust and authority over her. In the evidence presented to the panel (Exhibit 2), it was noted that Mr. Sanderson was also the victim’s coach and that the victim was the baby-sitter for Mr. Sanderson’s child.
DECISIONS AND ORDERS
Based on the evidence in the Agreed Statement of Facts, the Committee finds John Arthur Sanderson guilty of professional misconduct under sections 1(7), 1(15), 1(16), 1(17), 1(18), and 1(19) of the Professional Misconduct Regulation, as alleged, and orders the Registrar to revoke John Arthur Sanderson’s Certificate of Qualification and Registration immediately.
Pursuant to Section 30(5)(iii) of the Ontario College of Teachers Act, the Committee orders that the findings of this hearing, as well as the name of the member, but without identification of the victim(s), be published in the official publication of the Ontario College of Teachers.
It is noted that Mr. Sanderson, in a letter to the Ontario College of Teachers dated November 20^th^, 1997, fully supports the cancellation of his certificate.
DATED AT TORONTO, THIS 19^th^ DAY OF OCTOBER, 1998
BY ORDER OF THE DISCIPLINE COMMITTEE
________________________________________
Donna Marie Kennedy (Chair)
_______________________________________
Marilyn Laframboise
_______________________________________
Diane Leblovic