DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Burke, 2005 ONOCT 4

Date: 2005-05-30

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

Glen Joseph Burke, a member of the Ontario College of Teachers.

PANEL: Rosemary Fontaine (Chair)

Normand Fortin

Nancy Hutcheson

BETWEEN: )

) Eric Block,

) McCarthy Tétrault,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,

) assisted by Trevor Evans,

) Senior Law Clerk

• and - )

GLEN JOSEPH BURKE )

(CERTIFICATE #164087) )

) Johanna Braden,

) Stockwoods,

) Independent Legal Counsel

) Heard: May 30, 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 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 and Acknowledgment of the Member and withdraw the allegations of professional misconduct against Glen Joseph Burke set out in the Notice of Hearing, on the agreed upon terms outlined in the Undertaking and Acknowledgment as follows:

1. 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.

2. The Member hereby undertakes that he will never teach again in any public or private school in the province of Ontario or elsewhere.

3. The Member hereby undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.

4. 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.

5. 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.

6. The Member acknowledges that he has received advice from his 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 the consequent cancellation of his certificate of qualification and registration, in these circumstances, is reasonable and serves to protect the public interest.

Date: May 30, 2005

Rosemary Fontaine

Chair, Discipline Panel ________________________________

Normand Fortin

Member, Discipline Panel

Nancy Hutcheson

Member, Discipline Panel