ONTARIO COLLEGE OF TEACHERS
DISCIPLINE COMMITTEE
Citation: Ontario College of Teachers v Micomonaco, 2002 ONOCT 22
Date: 2002-12-12
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 Nicola Micomonaco.
The Discipline Committee held a hearing on November 26, 2002,
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
- and -
NICOLA (NICK) MICOMONACO
Certificate #155627
REASONS FOR DECISION, DECISION AND ORDER
PRESENT:
Members of the Panel
Marilyn Laframboise (Chair)
Bernard Adam
Karen Mitchell
Chris Worth, Stockwoods, Independent Legal Counsel to the Committee
Awanish Sinha, McCarthy Tétrault, Counsel for the Ontario College of Teachers, assisted by Jennifer Robinson, Law Clerk
The member did not attend, nor was he represented.
On behalf of the member who did not attend the hearing, College Counsel presented a request that the name of the school board not be published. The Committee denied this request.
A Notice of Hearing, dated February 18, 2002 was served on Nicola Micomonaco (Nick Micomonaco), requesting attendance before the Discipline Committee of the Ontario College of Teachers on November 22, 2002, and specifying the charges.
It is alleged that Nick Micomonaco 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 the Education Act, Revised Statutes of Ontario, 1990, Chapter E.2, and the Regulations made under those Acts contrary to Ontario Regulation 437/97, subsections 1(14) and 1(15);
(c) he committed acts or omissions that, having regard to all of the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and
(d) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
The Notice of Hearing states that Nick Micomonaco is a member of the Ontario College of Teachers and therefore comes under the jurisdiction of the Ontario College of Teachers.
On November 26, 2002, the Discipline Committee of the Ontario College of Teachers conducted a hearing into whether Nick Micomonaco was guilty of professional misconduct.
The member was not in attendance at the hearing, nor was he represented by counsel. 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 the Notice of Hearing, alleging that Nick Micomonaco 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), (18) and (19).
Counsel presented evidence that Nick Micomonaco is a member of the Ontario College of Teachers (Exhibit #1).
An Agreed Statement of Facts and Guilty Plea was filed as Exhibit #2. That statement was dated October 20, 2002 and had been signed by Awanish Sinha, McCarthy Tétrault on November 8, 2002,on behalf of the Ontario College of Teachers, and by Nick Micomonaco, the member, and Shawn West, the witness.
FINDINGS OF FACT:
Based on the Agreed Statement of Facts, the panel finds the following facts:
Nick Micomonaco is a member of the Ontario College of Teachers.
At all material times, the member, whose date of birth is April 12, 1950, was employed by the Huron-Superior Catholic District School Board as Information Technology Coordinator to the board.
From in or about 1992, the member sold to third parties, computers and related equipment purchased pursuant to board purchase orders and paid for by the board.
In some cases, the purchasers bought computer equipment from the member believing it to be equipment he was properly authorized by the board to sell. The purchasers were told by the member and believed that the funds they paid to the member would be reimbursed to the board.
In other cases,