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
Robert Terrance Marson, a member of the Ontario College of Teachers.
PANEL: Rosemary Fontaine, Chair Mel Greif
Jacques Tremblay
BETWEEN: ) ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Trevor Evans,
) Senior Law Clerk
- and – )
) Robert Terrance Marson
) was not present,
ROBERT TERRANCE MARSON ) nor was his counsel
(CERTIFICATE #124919) )
) Christopher Wirth,
) Stockwoods LLP, ) Independent Legal Counsel ) ) Heard: June 5, 2008
REASONS FOR DECISION, DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 5, 2008 at the Ontario College of Teachers (“the College”) at Toronto.
Two separate Notices of Hearing, both dated September 14, 2007 were served on Robert Terrance Marson, requesting attendance before the Discipline Committee of the Ontario College of Teachers on September 24, 2007 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for June 5, 2008.
Robert Terrance Marson was not in attendance at the hearing but had been represented by Michael Pretsell of Pretsell Cavanaugh, in negotiating the Agreed Statement of Facts, Plea of No Contest and Joint Submission on Penalty.
THE ALLEGATIONS
The allegations against Robert Terrance Marson in the first Notice of Hearing, (Exhibit 1) dated September 14, 2007, are as follows:
IT IS ALLEGED that Robert Terrance Marson 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 strive at all times to achieve and maintain the highest degree of professional competence and to uphold the honour, dignity and ethical standards of the teaching profession, contrary to Section 13 of the Regulation made under the Teaching Profession Act made pursuant to Section 12 of the Teaching Profession Act, R.S.O. 1970, Chapter 361, as amended;
(b) he failed to concern himself with the welfare of his pupils while they were under his care contrary to Section 14(f) of the Regulation made under the Teaching Profession Act, made pursuant to Section 12 of the Teaching Profession Act, R.S.O. 1970, Chapter 361, as amended;
(c) he failed to comply with Section 22.1(c) of the Schools Administration Act, R.S.O. 1960, Chapter 361 and amendments thereto;
(d) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(e) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a Certificate of Qualification and Registration, contrary to Ontario Regulation 437/97, subsection 1(16);
(f) he contravened a law, the contravention of which has caused students under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);
(g) he committed acts that having regard to all of the circumstances would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18);
(h) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19);
(i) he contravened Section 264.1 (c) of the Education Act; and
(j) he contravened [Sections 156](https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-