DISCIPLINE COMMITTEE

Citation: Ontario College of Teachers v Zavarella, 2000 ONOCT 21

Date: 2000-06-26

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 Francesco (Frank) Zavarella.

The Discipline Committee held a hearing on May 26, 2000,

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

and -

FRANCESCO (FRANK) ZAVARELLA

CERTIFICATE #139088

PRESENT:

Members of the Panel

Marilyn Laframboise (Chair)

Elizabeth Barkley

Karen Mitchell

The Honourable Patrick Galligan, retired judge, Independent Counsel to the Panel

L. Thomas Forbes, Q.C., McCarthy Tétrault, Counsel for the Prosecution assisted by Sally Bryant

Francesco (Frank) Zavarella

A Notice of Hearing, dated June 29, 1999 was served on Francesco Zavarella, requesting attendance before the Discipline Committee of the Ontario College of Teachers on July 19, 1999 to set a date for hearing, and specifying the charges. The date set for Hearing was the week of May 23, 2000.

It is alleged that Francesco Zavarella is guilty of professional misconduct in that:

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

b) he failed to comply with the Act and/or the Education Act, R.S.O., 1990, c. E2 section 264(1) (c) and/or the Regulations passed thereunder, contrary to Ontario Regulation 437/97, subsections 1(14) and (15);

c) he contravened laws relevant to the member’s suitability to hold a Certificate of Qualification and Registration contrary to Ontario Regulation 437/97, subsection 1(16);

d) he performed acts and omissions that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional contrary to Ontario Regulation 437/97, subsection 1(18); and

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

The Notice of Hearing states that Francesco Zavarella is a member of the Ontario College of Teachers and therefore comes under the jurisdiction of the Ontario College of Teachers (Exhibit #1).

On May 25, 2000, the Discipline Committee of the Ontario College of Teachers conducted a hearing into whether Francesco Zavarella was guilty of professional misconduct.

Francesco Zavarella was in attendance at the hearing, and represented himself. Proof of service of the Notice of Hearing was presented and accepted by the panel.

EVIDENCE:

Counsel for the Ontario College of Teachers referred to the charges set out in Exhibit #1, alleging that Francesco Zavarella is 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 1 (5), (14), (15), (16), (18), and (19).

Particulars of the alleged misconduct are set out in Exhibit #1 and they are to the effect that:

Francesco Zavarella is a member of the Ontario College of Teachers.
Francesco Zavarella was employed as an occasional teacher by the Hamilton-Wentworth District School Board (formerly the Hamilton Board of Education) from or about 1988 to May 15, 1998.
In or about 1976, Francesco Zavarella was convicted of possession of illegal drugs for the purposes of trafficking contrary to the Criminal Code of Canada and was sentenced to one year imprisonment.
On September 27, 1979, the member was convicted of importation of illegal drugs contrary to the Criminal Code of Canada and was sentenced to seven years imprisonment.
On April 17, 1990, Francesco Zavarella was convicted of fraud, contrary to the Criminal Code of Canada, against his employers and was sentenced to two years imprisonment.
On June 30, 1995, Francesco Zavarella was convicted of impaired driving, contrary to the Criminal Code of Canada, was fined $500 and banned from driving for one year.
On June 3, 1998, Francesco Zavarella was convicted of conspiracy to counterfeit money, to wit, Government of Canada bonds, contrary to the Criminal Code of Canada and on June 26, 1998 was sentenced to two years, nine months imprisonment.
The aforesaid conviction of June 1998 is public knowledge through media coverage of that conviction involving Francesco Zavarella.
The aforesaid conviction and the publicity resulting from the media coverage and communication within the general public has resulted in a reputation, image, and lifestyle inconsistent with that expected of a member.

Counsel presented evidence that Francesco Zavarella is a member of the Ontario College of Teachers (Exhibit #1). Francesco Zavarella was employed by the Hamilton-Wentworth District School Board (formerly the Hamilton School Board) as a teacher from or about 1988 to 1998.

Deborah Russon, Manager of Human Resources of the Hamilton District School Board (formerly Hamilton Board of Education), testified that Francesco Zavarella had been assigned to six long-term assignments, varying in length from one to six months between January of 1988 and May 15, 1998. In June of 1998, Francesco Zavarella’s name was removed from the occasional teachers’ list because he was incarcerated. Deborah Russon also testified that the Hamilton Board of Education began requiring criminal reference checks for their new hires in 1996. Ms Russon also confirmed that in July of 1998, the community became very aware of Francesco Zavarella’s criminal activity as a result of articles in the Hamilton Spectator.

The Committee also heard evidence from Corporal Mervin Bowman of the RCMP office, who was lead investigator of Francesco Zavarella’s counterfeiting activities. Corporal Bowman provided details as to the investigation and to the findings that lead to Francesco Zavarella’s arrest, trial and conviction of conspiracy to counterfeit Government of Canada bonds and of his subsequent sentence of two years, nine months imprisonment.

In his testimony, Francesco Zavarella admitted to his 1976 conviction of possession of narcotics for the purpose of trafficking, but stated that he was still in university at the time and was doing a favour for someone. He admitted to importing illegal drugs in 1979 for the purpose of trafficking, and said he had done it for the money and that he didn't feel that the drug would have harmed anyone. Francesco Zavarella also admitted to defrauding Hamilton-Wentworth Department of Social Services of $7000, explaining it was a desperate act to pay off his gambling debts. However, he indicated that he had repaid all of the money without being asked.

In regards to the counterfeiting scheme, Francesco Zavarella maintained his innocence, indicating that his co-conspirators committed perjury. He stated that when he applied for a teaching position that he never lied about having a criminal record as he was never asked. He stated that one trust that he never violated was the trust he had with students, parents, the school board and his co-workers. Francesco Zavarella stated that he had always had excellent reports in teaching and that he brought particular talents, both in language and in the arts.

FINDINGS OF FACT:

The Committee finds that Francesco Zavarella has an extensive criminal record as noted previously under Evidence.

REASONS:

The Committee accepts that Francesco Zavarella was convicted of a number of criminal acts that would be considered by members of the profession to be disgraceful, dishonourable, and unprofessional and is persuaded that he doesn’t see his behaviour as being detrimental to his position as a teacher. The Committee accepts that these activities did not occur in school or involve his students. However, the Committee is persuaded by the Ross v. New Brunswick School District No. 15 1996 CanLII 237 (SCC), [1996] 1 S.C.R. 825 that “A school is a communication centre for a whole range of values and aspirations of a society. In large part, it defines the values that transcend society through the educational medium. …. The conduct of a teacher bears directly upon the community’s perception of the ability of the teacher to fulfill such a position of trust and influence, and upon the community’s confidence in the public school system as a whole…”

DECISIONS AND ORDERS:

Accordingly, the Committee finds Francesco Zavarella guilty of professional misconduct under sections 1 (5), (14), (15), (16), (18) and (19) of the Professional Misconduct Regulation, as alleged, and directs the Registrar to revoke Francesco Zavarella’s Certificate of Qualification and Registration immediately.

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.

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.

DATED AT TORONTO, THIS 26th DAY OF JUNE, 2000

BY ORDER OF THE DISCIPLINE COMMITTEE

Marilyn Laframboise, Chair