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
Andrew William Graham, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Rosemary Fontaine
Jacques Tremblay
BETWEEN: ) ) Caroline Zayid,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Jennifer Robinson,
) Law Clerk
- and – )
) Kate Hughes and Katie Gibson,
) Cavalluzzo Hayes Shilton
ANDREW WILLIAM GRAHAM ) McIntyre & Cornish LLP,
(CERTIFICATE #427892) ) for Andrew William Graham
) Johanna Braden,
) Stockwoods LLP, ) Independent Legal Counsel ) ) Heard: October 7, 2008
REASONS FOR DECISION, DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 7, 2008 at the Ontario College of Teachers (“the College”) at Toronto.
A Notice of Hearing, dated March 12, 2008, was served on Andrew William Graham, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on April 1, 2008 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for October 7, 2008. Andrew William Graham was not in attendance at the hearing.
THE ALLEGATIONS
The allegations against Andrew William Graham in the Notice of Hearing, (Exhibit 1) dated March 12, 2008, are as follows:
IT IS ALLEGED that Andrew William Graham is guilty of professional misconduct as defined in section 30(2) of the Ontario College of Teachers Act, 1996 (the “Act”), and /or is incompetent as defined in section 30(3) of 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 abused a student or students physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) 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);
(d) 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
(e) he displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of his students of a nature or extent that demonstrates that the Member is either unfit to carry out his professional responsibilities or that the Member’s certificate should be made subject to terms, conditions or limitations.
Counsel for the College advised the Committee that an agreement had been reached and introduced an Agreed Statement of Facts, Plea of No Contest and Joint Submission on Penalty (ASF – Exhibit 2) which provides as follows:
AGREED STATEMENT OF FACTS
Andrew William Graham (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 Grand Erie District School Board and taught at the elementary levels at two schools of the Board during the academic years of 2003/2004, 2004/2005, 2005/2006, and for a portion of the 2006/2007 academic year.
The Member’s teaching performance was assessed in September 2005 and January 2006, and on both occasions the Member received an unsatisfactory rating. Attached hereto and marked as Exhibits “B” and “C” respectively, are the Summative Reports prepared by the Principal who conducted the evaluations. The Member’s classroom management skills, his curriculum knowledge and delivery, his lesson planning and preparation, his effective teaching performance, his evaluation of student work and progress and his assessment practices failed to meet the standards expected of a teacher with his training and experience.
The Member was advised by his principal of the need for significant improvement and was provided with both a detailed list of the expectations, steps and actions required by him to address those areas needing attention, and the sample indicators of success. The Member was placed on review as a result of his receipt of two unsatisfactory performance appraisals.
The Member’s performance was again assessed in September 2006, and a Summative Report of the classroom observations was prepared. Attached hereto and marked as Exhibit “D” hereto is the Summative Report dated October 12, 2006. The Member again received an