DISCIPLINE COMMITTEE

Citation: Ontario College of Teachers v Haines, 1999 ONOCT 9

Date: 1999-07-07

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 Robert Richard Haines.

The Discipline Committee held a hearing on July 6, 1999,

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

and -

ROBERT RICHARD HAINES

Certificate #107305

PRESENT:

Members of the Panel

Paul Charron (Chair)

Jean Hanson

Karen Mitchell

The Honourable Patrick Galligan, Independent Counsel to the Panel

Ms Caroline Zayid and Mr. Chris Sach-Anderson, McCarthy Tétrault, Counsel for the Prosecution

Josh Phillips, Green and Chercover, Defense Counsel and Mr. Robert Richard Haines were present.

A Notice of Hearing, dated February 16, 1999 was served by registered mail on February 16, 1999, requesting attendance before the Discipline Committee of the Ontario College of Teachers on March 22, 1999 to set a date for hearing, and specifying the charges. It was alleged that Robert Richard Haines is guilty of professional misconduct in that:

a) he provided false information or documents to the College or any other person with respect to his professional qualifications, contrary to Ontario Regulation 437/97, section 1, subsection (1);

b) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, section 1, subsection (5);

c) he signed or issued, in his professional capacity, a document or documents that he knew or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, section 1, subsection (12);

d) he failed to comply with the Ontario College of Teachers Act, 1996 and/or the Education Act, Revised Statues of Ontario, 1990, chapter E.2, contrary to Ontario Regulation 437/97, section 1, subsections (14) and (15);

e) he committed an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, section 1, subsection (18); and

f) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, section 1, subsection (19).

The Notice of Hearing stated that Robert Richard Haines is a member of the Ontario College of Teachers and therefore comes under the jurisdiction of the Ontario College of Teachers (Exhibit 1).

On July 6, 1999, the Discipline Committee of the Ontario College of Teachers conducted a hearing into whether Robert Richard Haines was guilty of professional misconduct.

EVIDENCE:

Counsel for the Ontario College of Teachers referred to the charges set out in Exhibit 1, alleging that Robert Richard Haines was guilty of professional misconduct in that his acts were contrary to the Professional Misconduct Regulation made under the Ontario College of Teachers Act and filed as Regulation 437/97 on December 4, 1997, in particular, sections section 1, subsection 1, 5, 12, 14, 15, 18 and 19. Particulars of the alleged misconduct were set out in Exhibit 1 and they were to the effect that:

Robert Richard Haines was a member of the Ontario College of Teachers.
At all material times, Robert Richard Haines was employed as a teacher by the Toronto Board of Education, now the Toronto District School Board.
In or about 1970, upon his application to the Toronto Teachers’ College, Robert Richard Haines provided false information in respect of his academic qualifications, namely that he had acquired from the University of California, Los Angeles, a Bachelor of Arts degree in Philosophy, a Master of Arts degree in Philosophy and a Doctorate in Philosophy.
As a result, Robert Richard Haines acquired his Elementary School Teachers Certificate, Standard 4, based on academic qualifications that he did not hold.
In or about 1975, Robert Richard Haines gained admission to the Bachelor of Education program at the University of Toronto on the basis of academic qualifications that he did not hold, namely, the aforesaid B.A., M.A., and Ph.D.
On or between 1973 and 1978, Robert Richard Haines has acquired the following teaching certificates or qualifications based upon academic qualifications not held: HSS – Psychology – June 28, 1974; Specialist in Guidance – February 14, 1974, HAS Endorsed – Geography and Theatre Arts – June 29, 1973; OTC – July 1, 1978.
In or between 1996 and 1997, Robert Richard Haines obtained his principal’s qualifications, parts 1 and 2, based on academic qualifications that he did not hold.
By letter dated November 16, 1998, from his solicitors, Robert Richard Haines admitted the irregularities in respect of his academic qualifications as set out in the preceding paragraphs.

Counsel presented evidence that Robert Richard Haines was a member of the Ontario College of Teachers (Exhibit 1). At all material times, Robert Richard Haines was employed by Toronto District School Board as a teacher.

An Agreed Statement of Facts was filed as Exhibit 2. That statement had been signed by Josh Phillips, Green and Chercover, Defense Counsel on behalf of the member and Caroline Zayid, on behalf of McCarthy Tétrault.

FINDINGS OF FACT:

Based on the Agreed Statement of Facts, the panel finds the following facts:

Robert Richard Haines falsely claimed to have a BA., M.A., and Ph.D. and used those degrees to obtain an Intermediate Elementary School Teacher’s Certificate in 1971; Interim HSA Type B Certification in 1971; Interim HSA Type A Certification in 1972; a Bachelor of Education degree in 1974; Specialist Guidance Certification in 1974; and Principal’s Qualifications in 1996.

Also based on the evidence presented at the hearing, the Committee finds that Mr. Haines used those false qualifications to obtain better pay in the form of allowances for extra degrees and being placed in the highest pay category.

DECISIONS AND ORDERS:

Accordingly, the Committee finds Robert Richard Haines guilty of professional misconduct under section 1, subsections (1), (5), (12), (14), (15), (18) and (19) of the Professional Misconduct Regulation, as alleged, and directs the Registrar to revoke Robert Richard Haines’ 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, be published in the official publication of the Ontario College of Teachers and in any other manner or medium that the Committee considers appropriate in the particular case.

Notice

It is important to the College’s role in the governance of the profession to provide evidence to members that the College is active in self-regulation and is vigilant to breaches of its bylaws and rules of conduct. Such evidence is provided through notification of the decisions and orders of the College’s disciplinary Committees, and is, in the opinion of the panel, a practice that has significant general deterrent value.

DATED AT TORONTO, THIS 7th DAY OF JULY, 1999

BY ORDER OF THE DISCIPLINE COMMITTEE