DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996,
c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against
Cyriel John Anthony De Groote, a member of the Ontario College of Teachers.
PANEL: Nancy Hutcheson (Chair)
Janet Cornwall
Ted Coulson
BETWEEN: )
) Eric Block,
) McCarthy Tétrault,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Trevor Evans,
) Senior Law Clerk
- and - )
) Cyriel John Anthony De Groote was not ) present, nor was he represented
CYRIEL JOHN ANTHONY DE GROOTE )
(CERTIFICATE #234365) )
) Christopher Wirth,
) Stockwoods,
) Independent Legal Counsel
) Heard: March 21, 2005
REASONS FOR DECISION AND DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated October 29, 2004.
Independent legal counsel advised the Committee that it had jurisdiction to make the order requested, pursuant to section 4.1 of the Statutory Powers Procedure Act which provides that, if the parties consent, a proceeding may be disposed of by a decision of the Committee without a hearing.
Upon the consent of the parties, the Committee authorizes the College to accept the Undertaking and Acknowledgement of the Member, dated February 9, 2005 and to withdraw the allegations of professional misconduct against Cyriel John Anthony De Groote set out in the Notice of Hearing, on the agreed upon terms and conditions outlined in the Undertaking and Acknowledgement of the Member as follows:
The Member will, immediately following the withdrawal of the Notice of Hearing, resign his membership in the Ontario College of Teachers and will immediately surrender his original certificate of qualification and registration to the Registrar of the Ontario College of Teachers, or alternatively immediately provide an affidavit to the Registrar outlining the efforts he has undertaken to locate it.
The Member hereby undertakes that he will never teach again in any public or private school in the province of Ontario or elsewhere.
The Member hereby undertakes that he will never seek reinstatement of his certificate of qualification and registration.
The Member acknowledges that the withdrawal of the Notice of Hearing is in exchange for his resignation and undertaking, and understands that if he breaches any aspect of this Undertaking and Acknowledgement, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges that the Public Register of the Ontario College of Teachers will reflect the fact that the Member has resigned as a member while disciplinary proceedings were in progress; that he has undertaken never to teach again in any public or private school in the province of Ontario or elsewhere, and that he will never seek reinstatement of his certificate of qualification and registration in the province of Ontario.
The Member acknowledges that he declined to seek advice from legal counsel about the scope, purpose and effect of his execution of this Undertaking and Acknowledgement.
The Committee concludes that the resignation of the Member and thereby the cancellation of his certificate of qualification and registration, in these circumstances, is reasonable and protects the public interest.
Date: March 21, 2005 ________________________________
Nancy Hutcheson
Chair, Discipline Panel ________________________________
Janet Cornwall
Member, Discipline Panel
________________________________
Ted Coulson
Member, Discipline Panel