DISCIPLINE COMMITTEE

Citation: Ontario College of Teachers v Sawdy, 2003 ONOCT 47

Date: 2003-02-04

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 Ronald George Sawdy.

The Discipline Committee held a hearing on February 3, 2003.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

and -

RONALD GEORGE SAWDY

PRESENT:

Members of the Panel

Sterling Campbell (Chair)

Janet Cornwall

Sheila Gifford

The Honourable Lloyd Houlden, Independent Counsel to the Committee

David Leonard, McCarthy Tétrault LLP, Counsel for the Ontario College of Teachers, assisted by Trevor Evans, Senior Law Clerk

Celeste Poltak, McLeod Dixon LLP, Counsel for the member Ronald George Sawdy and Ronald George Sawdy who was present.

A Notice of Hearing, dated August 22, 2002 was served on Ronald George Sawdy, requesting attendance before the Discipline Committee of the Ontario College of Teachers on September 23, 2002 to set a date for hearing, and specifying the charges. The hearing date was set for February 3, 2003.

It is alleged that Ronald George Sawdy is guilty of professional misconduct and/or incompetence as defined in subsection 30(2) and (3) of the Act, 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 particularly section 264 (1) (c) thereof, and the Regulations made under those Acts, contrary to Ontario Regulation 437/97, subsections 1 (14) and (15);

(c) he committed acts 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);

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

(e) he displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of his students of a nature or extent that demonstrates that the member is either unfit to carry out his professional responsibilities or that the member’s certificate should be made subject to terms, conditions or limitations.

The Notice of Hearing states that Ronald George Sawdy is a member of the Ontario College of Teachers and therefore comes under the jurisdiction of the Ontario College of Teachers.

On February 3, 2003, the Discipline Committee of the Ontario College of Teachers conducted a hearing into whether Ronald George Sawdy was guilty of professional misconduct. Counsel for the College withdrew allegations (a), (b), (c) and (e) as set out in the Notice of Hearing.

EVIDENCE

Counsel for the Ontario College of Teachers referred to the charges set out in the Notice of Hearing alleging that Ronald George Sawdy 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, subsection 1 (19).

Counsel presented evidence that Ronald George Sawdy is a member of the Ontario College of Teachers. At all material times, Ronald George Sawdy was employed by the Peel District School Board as an audio visual technician.

An Agreed Statement of Facts was filed as Exhibit #1 and sets out that the Member pleads guilty to Ontario Regulation 437/97, subsection 1 (19).. The statement was dated February 3, 2003 and had been signed by Counsel for the College, Counsel for the Member and by the Member himself.

FINDINGS OF FACT:

Based on the Agreed Statement of Facts, and on the evidence given, and having examined Exhibit #1 filed, the panel finds the following facts:

(1) Ronald George Sawdy (the “Member”), is a member of the Ontario College of Teachers.

(2) The Member was employed as an audio-visual technician at Glenforest Secondary School (the “School”), for approximately 25 years, until May 2000.

(3) During the 1998-1999 school year, the Member brought a “black box”, used to descramble cable television signals, into the School without the authority or permission of the School administration. The Member hooked the black box up to the School’s cable outlet and, on more than one occasion during the school year of 1998-1999, the Member asked the School’s custodians to tape movies for him in the audio-visual office (“AV office”). At the Member’s direction, after the custodians had taped the movies for him, they placed the tapes in a locked cabinet in the AV office. The movies that were taped were only available for taping due to the use of the black box. Neither the Member nor the School paid for the cable signals that were taped with the black box, at the direction of the Member.

(4) By the Agreed Statement of Facts submitted, the Member Ronald George Sawdy, accepts that the matters referred to in paragraph 3 above constitute professional misconduct and pleads guilty to the allegation of professional misconduct against him, in that he engaged in conduct unbecoming a member in contravention of Ontario Regulation 437/97, subsection 1 (19).

DECISIONS AND ORDER:

Based on the Agreed Statement of Facts and the Member’s plea of guilty, and having examined the exhibit filed, the Committee finds Ronald George Sawdy guilty of professional misconduct under Ontario Regulation 437/97, subsection 1 (19) as alleged.

The Discipline Committee directs that the member be reprimanded.

The Committee orders that the findings of this hearing not be published.

Ronald George Sawdy did appear before the Discipline Committee on February 3, 2003. A verbal reprimand was issued on that date.

DATED AT TORONTO, THIS 4th DAY OF FEBRUARY, 2003

BY ORDER OF THE DISCIPLINE COMMITTEE

Sterling Campbell, Chair

Janet Cornwall

Sheila Gifford