Discipline Committee of the Ontario College of Teachers
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 James Chibuta Sampa, a member of the Ontario College of Teachers.
PANEL: Eileen Walker, Chair Rosemary Fontaine Jacques Tremblay
BETWEEN:
ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Trevor Evans, Senior Law Clerk
- and –
James Chibuta Sampa (CERTIFICATE #261540) Gary Hopkinson, Green & Chercover, for James Chibuta Sampa
Johanna Braden, Stockwoods LLP, Independent Legal Counsel
Heard: March 6, 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 January 4, 2006.
James Chibuta Sampa was not in attendance.
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 withdraw the allegations of professional misconduct against James Chibuta Sampa set out in the Notice of Hearing.
The Committee concludes that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves and protects the public interest.
Date: March 6, 2006
Eileen Walker Chair, Discipline Panel
Rosemary Fontaine Member, Discipline Panel
Jacques Tremblay Member, Discipline Panel