DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Townsend, 2004 ONOCT 34

Date: 2004-02-25

IN THE MATTER OF the Ontario College of Teachers Act, 1996, and the Regulation (Ontario Regulation 437/97) thereunder;

AND IN THE MATTER OF a discipline proceeding against

Durk Gordon Townsend, a member of the Ontario College of Teachers.

PANEL: Nancy Hutcheson, Chair George Merrett

Karen Mitchell

BETWEEN: ) ) Awanish Sinha, McCarthy ) Tétrault, for Ontario College of

ONTARIO COLLEGE OF TEACHERS ) Teachers, assisted by Trevor Evans, ) Senior Law Clerk

• and – )

DURK GORDON TOWNSEND ) Maurice Green, Green & Chercover (CERTIFICATE #101008) ) for Durk Gordon Townsend

) Christopher Wirth, Stockwoods, ) Independent Legal Counsel ) ) Heard: February 24, 2004

REASONS FOR DECISION, DECISION AND ORDER(S)

This matter came before a panel of the Discipline Committee for a hearing on February 24, 2004 at the Ontario College of Teachers at Toronto.

A Notice of Hearing, dated February 25, 2003 was served on Durk Gordon Townsend, requesting attendance before the Discipline Committee of the Ontario College of Teachers on March 20, 2003 to set a date for a hearing, and specifying the charges.

Durk Gordon Townsend was in attendance at the hearing. Proof of service of the Notice of Hearing was presented and accepted by the Panel. (Exhibit 1)

The Allegations

The allegations against Durk Gordon Townsend in the Notice of Hearing, dated February 25, 2003, are as follows:

IT WAS ALLEGED that Durk Gordon Townsend is guilty of professional misconduct as defined in section 30(2) 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 or the Education Act, Revised Statutes of Ontario, 1990, c.E.2, and particularly section 264(1)(c) thereof or the Regulations made under those Acts, contrary to Ontario Regulation 437/97, subsections 1(14) and (15);

(c) he contravened laws, the contravention of which is 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 or 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).

Agreed Statement of Facts

Counsel for the College advised the Panel that agreement had been reached on the facts and introduced as Exhibit 3, an Agreed Statement of Facts, Guilty Plea and Joint Submission on Penalty.

The Agreed Statement of Facts provides as follows:

1. Durk Gordon Townsend (“the Member”) is a Member of the Ontario College of Teachers. Prior to his employment by the [**] (“the Board”), which employment commenced on September 1, 1985, the Member taught at various schools in Nova Scotia between 1975 and June 1985.

2. At all material times, the Member was a full time teacher at [] (“the School”). During his career at the School, the Member taught French and English, and fulfilled the position of [] at the School.

3. On or about May 6, 2000, the Member assaulted a person. On May 8, 2000, the Member was charged with committing an assault, causing bodily harm to this person, contrary to Section 267 (b) of the Criminal Code of Canada.

4. On June 22, 2000, the Member pleaded guilty to a lesser charge of committing an assault on May 6, 2000, and was found guilty of such charge of assault, contrary to Section 266 of the Criminal Code of Canada. The charge of assault causing bodily harm, contrary to Section 267 (b) of the Criminal Code of Canada was dismissed as against the Member.

5. On June 22, 2000, the Member was sentenced to 15 days in custody and 12 months’ probation. Certain conditions, including an order that the Member attend and actively participate in an anger management program and that he continue counselling which was already ongoing, were imposed on the Member.

6. By this document, the Member accepts that the matters referred to in paragraphs 3, 4, and 5 above constitute conduct which is disgraceful, dishonourable or unprofessional and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), (15) and (19) as set out in the Notice of Hearing. (Exhibit 1)

7. The Member states that:

(a) he understands fully the nature of the allegations that have been made against him;

(b) he understands that by pleading guilty to the allegations he is waiving the right to require the College to prove the case against him and the right to have a hearing; and

(c) he voluntarily decided to plead guilty.

8. By this document, the Member acknowledges his understanding that any agreement between the College and defence counsel with respect to the penalty proposed does not bind the Discipline Committee.

Member’s Plea

The Member, Durk Gordon Townsend, accepts that the matters referred to in paragraphs 3, 4 and 5 above constitute conduct which is disgraceful, dishonourable or unprofessional and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), (15) and (19) as set out in the Notice of Hearing dated February 25, 2003.

Joint Submission as to Resolution and Penalty

1. In light of the admitted facts and circumstances, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct, and jointly submit that the appropriate penalty to be imposed by the Discipline Committee in this case would be that the Committee:

(a) require the Member to appear before the Committee to be reprimanded, and the fact of the reprimand be recorded on the Register of the College for a period of one (1) year;

(b) require the Member to provide immediately to the Registrar directly, a letter report from the counsellor at the Anger Management program that the Member underwent as a requirement of his probation, such letter to attest to the Member’s successful completion of said program. This letter report is to be provided to the Registrar of the College at the Member’s expense.

(c) require the Member to provide immediately to the Registrar directly, at the Member’s own expense, a letter report from the Health Care provider who engaged in counselling with the Member and provided psychiatric/psychological treatment, such letter report to attest to the nature and duration of the treatment/counselling received by the Member and the successful completion of same; and

(d) directs that the findings and order of the Committee be published in summary, including the Member’s name, in the official publication of the College, Professionally Speaking/Pour parler profession.

Decision as to Finding

Having examined the Exhibits filed, and based on the guilty plea, the Agreed Statement of Facts, Guilty Plea and Joint Submission on Penalty, and the submissions made by counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Durk Gordon Townsend committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15) and 1(19).

Decision as to Penalty

The Committee accepts the joint submission as to penalty and accordingly:

(a) requires that the Member, Durk Gordon Townsend appear before the Committee to be reprimanded, and directs that the fact of the reprimand be recorded on the Register of the College for a period of one (1) year;

(b) requires the Member to provide immediately to the Registrar directly, a letter report from the counsellor at the Anger Management program that the Member underwent as a requirement of his probation, such letter to attest to the Member’s successful completion of said program. This letter report is to be provided to the Registrar of the College at the Member’s expense.

(c) requires the Member to provide immediately to the Registrar directly, at the Member’s own expense, a letter report from the Health Care provider who engaged in counselling with the Member and provided psychiatric/psychological treatment, such letter report to attest to the nature and duration of the treatment/counselling received by the Member and the successful completion of same; and

(d) pursuant to Section 30 (5) (iii) of the Ontario College of Teachers Act, orders that the findings and order of the Committee be published in summary, including the Member’s name, in the official publication of the College, Professionally Speaking/Pour parler profession.

Reasons for Decision and Order

The Committee finds that the Member’s conduct, while serious, was outside the school setting and had no impact on students, the school or the school community and was dealt with effectively and appropriately by the criminal courts. The Member’s guilty plea in criminal court and at the College, in addition to his seeking anger management counselling, indicate sufficient remorse for his actions.

The Committee finds that a reprimand will serve to underline the severity of the Member’s actions and that counselling will ensure there is no recurrence of similar behaviour.

In these circumstances, the Committee finds that the penalty is reasonable and serves to protect the public interest.

Date: February 25, 2004 ________________________________ Nancy Hutcheson

Chair, Discipline Panel ________________________________

George Merrett

Member, Discipline Panel

Karen Mitchell

Member, Discipline Panel