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
Hugh John Lougheed, a member of the Ontario College of Teachers.
PANEL: Don Cattani (Chair)
Gabrielle Blais
Rosemary Fontaine
BETWEEN: )
) Carole Jenkins,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Trevor Evans,
) Senior Law Clerk
- and - )
) Hugh John Lougheed
HUGH JOHN LOUGHEED ) was not present or
(CERTIFICATE #339633) ) represented by counsel
) Christopher Wirth,
) Stockwoods LLP,
) Independent Legal Counsel
) Heard: May 9, 2006
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 December 7, 2005.
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. Upon the consent of the parties, the Committee authorizes the College to accept the Undertaking and Acknowledgement of the Member and withdraws the allegations of professional misconduct against Hugh John Lougheed set out in the Notice of Hearing, on the agreed upon terms outlined in the Undertaking and Acknowledgement 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 undertakes that he will not 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 reinstitute these proceedings.
The Member acknowledges that the Public Register of the Ontario College of Teachers will indicate that the Member's status is "Cancelled-Resigned" and that the Member has undertaken not to apply for reinstatement of his registration.
The Member acknowledges that he understands fully the nature of the allegations against him and that he is executing this Undertaking and Acknowledgment voluntarily, unequivocally and without the advice of legal counsel.
The Committee concludes that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment in these circumstances is reasonable and serves and protects the public interest.
Date: May 9, 2006
Don Cattani
Chair, Discipline Panel ________________________________
Gabrielle Blais
Member, Discipline Panel
Rosemary Fontaine
Member, Discipline Panel