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
Marie Michelle Ianni-Lucio, a member of the Ontario College of Teachers.
PANEL: Rosemary Fontaine (Chair)
Jacques Tremblay
John Tucker
BETWEEN: )
) Brian Wasyliw,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Trevor Evans,
) Senior Law Clerk
- and - )
) Marie Michelle Ianni-Lucio,
) represented by Bernard Hanson,
MARIE MICHELLE IANNI-LUCIO ) Cavalluzzo Hayes Shilton
(CERTIFICATE #423693) ) McIntyre & Cornish LLP
) Christopher Wirth,
) Stockwoods LLP,
) Independent Legal Counsel
) Heard: November 1, 2007
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 May 25, 2006.
Marie Michelle Ianni-Lucio was not in attendance.
The Committee was advised that the Member’s Interim Certificate had expired and that it had been cancelled. Therefore, there was no Certificate upon which the Committee could impose terms, conditions or limitations. The Member’s counsel indicated that the Member had no intention to return to teaching. However, in the event that the Member should reapply for membership, she had entered into an undertaking by which she agreed to take courses. A Notation of the Member’s undertaking is to be placed on the Public Register of the Ontario College of Teachers.
Independent legal counsel advised the Committee that it 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.
Having considered the submissions of College Counsel and Counsel for the Member, and on consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against Marie Michelle Ianni-Lucio as set out in the Notice of Hearing dated May 25, 2006.
The Committee is satisfied that this resolution balances the interests of the students and the Member and is in the public interest.
Date: November 1, 2007
Rosemary Fontaine
Chair, Discipline Panel ________________________________
Jacques Tremblay
Member, Discipline Panel
John Tucker
Member, Discipline Panel