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
John Louis Stansell, a member of the Ontario College of Teachers.
PANEL: Jacques Tremblay, Chair Rosemary Fontaine Amin Saab
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Brian Wasyliw, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Trevor Evans, Senior Law Clerk
- and -
JOHN LOUIS STANSELL (CERTIFICATE #172916) Gary Hopkinson, Green & Chercover, for John Louis Stansell
Christopher Wirth, Stockwoods LLP, Independent Legal Counsel
Heard: October 16, 2006
REASONS FOR DECISION, DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the "Committee") on October 16, 2006 at the Ontario College of Teachers ("the College") at Toronto.
A Notice of Hearing, dated July 22, 2004 was served on John Louis Stansell (the "Member"), requesting attendance before the Discipline Committee of the Ontario College of Teachers on September 15, 2004 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for October 16, 2006.
John Louis Stansell was not in attendance at the hearing.
THE ALLEGATIONS
The allegations against John Louis Stansell in the Notice of Hearing, (Exhibit 1) dated July 22, 2004 are as follows:
IT IS ALLEGED that John Louis Stansell is guilty of professional misconduct as defined in section 30(2) of the Ontario College of Teachers Act, 1996 (the "Act"), in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he released or disclosed information about a student to a person other than the student or the student's parent or guardian, contrary to Ontario Regulation 437/97, subsection 1(6);
(c) he abused a student or students physically, sexually, verbally, psychologically or emotionally contrary to Ontario Regulation 437/97, subsection 1(7);
(d) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made under those Acts, contrary to Ontario Regulation 437/97, subsections 1(14) and (15);
(e) he committed acts that having regard to all the circumstances would reasonably be regarded by Members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and
(f) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
AGREED STATEMENT OF FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced as Exhibit 2, an Agreed Statement of Facts, Plea of No Contest and Joint Submission on Penalty. (ASF – Exhibit 2)
The Agreed Statement of Facts, Plea of No Contest and Joint Submission on Penalty provides as follows:
John Louis Stansell ("the Member") is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit "A" is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.
At all material times, the Member was employed by the Thames Valley District School Board ("the Board") and taught Accounting to O.A.C. students at Medway High School ("the School") in Arva, Ontario.
During the 2000/2001 academic year ("the relevant period"), three male students, [], [], and [**] were students at the School.
Over the course of the relevant period, the Member sent graphic material, including items containing profanity, sexual jokes and pornographic images to [], [], and [**] via the Internet.
On March 19, 2001, the Member was assigned to home duty with pay, and on November 13, 2001, the Member's employment with the Board was terminated. The Member grieved his termination. Following a hearing, a Board of Arbitration released an Award on October 2, 2003, finding that the Board had met its onus of showing just cause for the Member's termination.
PLEA OF NO CONTEST
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and exhibits referred to in paragraphs 1 through 5 above ("the Admitted Facts").
The Member acknowledges that the Admitted Facts, and in particular the Admitted Facts referred to in paragraph 4 constitute professional misconduct, and pleads no contest to the allegations of professional misconduct against him, being more particularly, breaches of Ontario Regulation 437/97 1(5), 1(7), 1(14), 1(15), 1(18) and 1(19).
The Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading no contest to the allegations referred to in paragraph 4 above, he is waiving the right to require the College to prove the case against him and the right to have a hearing; and
(d) he states that this plea of no contest was made voluntarily, unequivocally and with the benefit of independent legal counsel.
- The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee under protection of the Evidence Act, R.S.O. 1990, c. E. 23, for the purpose of this proceeding under the College of Teachers Act 1996, chapter 12, and for no other purpose. The Member's plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
JOINT SUBMISSION ON PENALTY
- In light of the Admitted Facts and circumstances, the Ontario College of Teachers and the Member jointly submit that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:
(a) require the Member to appear before the Committee to be reprimanded by November 1, 2006, with the fact of the reprimand to be recorded on the Register;
(b) direct the Registrar to suspend the Member's certificate of qualification and registration for a period of seven months;
(c) if the Member fails to appear before the Committee to be reprimanded as required in paragraph 10(a) above, the period of suspension provided for in paragraph 10(b) above shall be increased from seven months to twelve months;
(d) directs the Registrar of the Ontario College of Teachers to impose the following terms, conditions or limitations on the Member's certificate of qualification and registration, the fact of such terms, conditions and limitations to be recorded on the Register until such time as they are fulfilled and the Member makes application to have them removed under Section 33 (2) of the Ontario College of Teachers Act, 1996;
(i) the Member shall not return to a teaching position for which a certificate under the Ontario College of Teachers Act, 1996 is required until he has:
A. attended and completed, at his own expense, a course of instruction, approved in advance by the Registrar, on appropriate teacher/student boundaries; and,
B. provided evidence of such successful completion to the Registrar.
(e) direct that the findings and order of the Committee be published, with the full name of the Member, in the official publication of the College Professionally Speaking/Pour parler profession.
DECISION
Having examined the Exhibits filed, and based on the plea of no contest, the Agreed Statement of Facts, Plea of No Contest and Joint Submission on Penalty, and the submissions made by counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that John Louis Stansell committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7), 1(14), 1(15), 1(18) and 1(19).
REASONS FOR DECISION
The Committee accepts the evidence contained in the Agreed Statement of Facts, Plea of No Contest and Joint Submission on Penalty. (Exhibit 2) The Member admits that during the 2000/2001 academic year he sent graphic material, including items containing profanity, sexual jokes and pornographic images to three male students via the Internet. This conduct is unbecoming a member of the profession and constitutes professional misconduct as admitted.
PENALTY DECISION
The Committee accepts the Joint Submission on Penalty and makes the following order as to penalty:
(a) the Member is required to appear before the Committee to be reprimanded by November 1, 2006, with the fact of the reprimand to be recorded on the Register;
(b) the Registrar is directed to suspend the Member's certificate of qualification and registration for a period of seven months;
(c) if the Member fails to appear before the Committee to be reprimanded as required in paragraph (a) above, the period of suspension provided for in paragraph (b) above shall be increased from seven months to twelve months;
(d) the Registrar is directed to impose the following terms, conditions or limitations on the Member's certificate of qualification and registration, the fact of such terms, conditions and limitations to be recorded on the Register until such time as they are fulfilled and the Member makes application to have them removed under Section 33 (2) of the Ontario College of Teachers Act, 1996;
(i) the Member shall not return to a teaching position for which a certificate under the Ontario College of Teachers Act, 1996 is required until he has:
A. attended and completed, at his own expense, a course of instruction, approved in advance by the Registrar, on appropriate teacher/student boundaries; and,
B. provided evidence of such successful completion to the Registrar.
(e) the findings and order of the Committee shall be published, with the full name of the Member, in the official publication of the College Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
In accepting the joint submission on penalty, the Committee acknowledged that the Member had been terminated from his employment. The Member's certificate is suspended for a period of seven months and he is required to appear before the Committee to be reprimanded by November 1, 2006. Should the Member fail to appear for the reprimand, his certificate will be suspended for a period of twelve months.
Further, the Member is required to complete a course of instruction, in appropriate student/teacher boundaries, and will not be allowed to return to a teaching position for which a certificate under the Ontario College of Teachers Act is required, until he has provided evidence of successful completion of the course.
The Committee expects that the suspension, conditions, and the reprimand will enable the Member to acquire a significant understanding and implementation of appropriate behaviour, at the same time providing him with a specific deterrent not to engage in similar activities in the future.
Publication of the findings and order of the Committee, along with the Member's name, will serve to advise the profession and the public that such behaviour as exhibited by the Member will not be tolerated.
Dated: October 16, 2006
Jacques Tremblay Chair, Discipline Panel
Rosemary Fontaine Member, Discipline Panel
Amin Saab Member, Discipline Panel