DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Gorman, 2005 ONOCT 17
Date: 2005-05-02
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
Robert Martin Gorman, a member of the Ontario College of Teachers.
PANEL: Normand Fortin (Chair)
Ted Coulson
Jacques Tremblay
BETWEEN: )
) Eric Block,
) McCarthy Tétrault,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Trevor Evans,
) Senior Law Clerk
- and - )
) Howard Goldbatt,
ROBERT MARTIN GORMAN ) Sack, Goldblatt, Mitchell,
(CERTIFICATE #247212) ) for Robert Martin Gorman
) Christopher Wirth,
) Stockwoods,
) Independent Legal Counsel
) Heard: May 2, 2005
REASONS FOR DECISION AND DECISION ON MOTION
Counsel for the College and Counsel for the Member brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated January 19, 2004.
Independent legal counsel advised the Committee that the Committee 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.
The Committee considered the submissions of College counsel and counsel for the Member. Upon the consent of the parties, the Committee authorizes the College to accept the Undertaking of the Member and withdraw the allegations of professional misconduct and incompetence against Robert Martin Gorman set out in the Notice of Hearing, on the agreed upon terms outlined in the Undertaking as follows:
That in the event that the Member returns to teaching, or to any other position in Ontario for which a certificate of qualification and registration is required, he shall notify the Registrar in writing of his employer and position within ten days of the commencement thereof.
That within ten days of commencing a position, the Member shall provide to his employer a written form of consent confirming his acknowledgement and agreement that his employer shall promptly notify the Registrar of any allegations of inappropriate interactions with a student, as soon as such allegations arise.
The Committee is satisfied that the Undertaking of Robert Martin Gorman as noted above serves to protect the public interest.
Date: May 2, 2005
Normand Fortin
Chair, Discipline Panel ________________________________
Ted Coulson
Member, Discipline Panel
Jacques Tremblay
Member, Discipline Panel