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
Cory Oliver Valentini, a member of the Ontario College of Teachers.
PANEL: Rosemary Fontaine 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 – )
) Bernard Hanson,
) Cavalluzzo Hayes Shilton
CORY OLIVER VALENTINI ) McIntyre & Cornish, LLP,
(CERTIFICATE #464584) ) for Cory Oliver Valentini
) Christopher Wirth,
) Stockwoods LLP, ) Independent Legal Counsel ) ) Heard: May 1 and June 4, 2008
REASONS FOR DECISION, DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 1 and June 4, 2008 at the Ontario College of Teachers (“the College”) at Toronto.
A Notice of Hearing, dated November 20, 2007, was served on Cory Oliver Valentini, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on December 6, 2007 to set a date for a hearing and specifying the charges. The hearing was subsequently set to begin on May 1, 2008. Cory Oliver Valentini was not in attendance on May 1, 2008 but was in attendance at the hearing on June 4, 2008.
THE ALLEGATIONS
The allegations against Cory Oliver Valentini in the Notice of Hearing, (Exhibit 1) dated November 20, 2007 are as follows:
IT IS ALLEGED that Cory Oliver Valentini 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);
(c) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, 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 engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
At the hearing on May 1, 2008, the Notice of Hearing was entered as Exhibit 1. Counsel for the Member entered a plea of not guilty on behalf of the Member.
On June 4, 2008, the Member changed his plea and pleaded guilty to the allegations of professional misconduct in the Notice of Hearing.
AGREED STATEMENT OF FACTS
On June 4, 2008, Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts, Guilty Plea and Joint Submission on Penalty (ASF – Exhibit 2) which provides as follows:
Cory Oliver Valentini (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 Northeastern Catholic District School Board as an elementary school teacher. During the 2004-2005 academic year the Member was assigned to St. Jerome School in Kirkland Lake. The Member has been suspended without pay since August 22, 2005.
Between the approximate dates of 31 May 2004 and 13 July 2005, the Member acted inappropriately and unprofessionally in that he:
(a) associated with individuals with whom he was not initially aware were members of a criminal organization known as the Highway 66 Gang;
(b) continued his association with those individuals after he knew, or ought reasonably to have known, that those individuals were members of the Highway 66 Gang; and
(c) continued his association with those individuals after he knew, or ought reasonably to have known, that they were actively engaged in criminal activities.
- Despite his conduct described in paragraph 3 above, the Member himself did not engage in criminal activities.
PLEA OF GUILT
By this document, the Member admits the facts set out in paragraphs 1 – 4 above. The Member hereby acknowledges that the facts referred to in paragraph 3 above constitutes conduct which is unprofessional and pleads guilty to the allegations of professional misconduct against him being more particularly breaches of Ontario Regulation 437/97 1(5), (14), (15), (18) and (19).
By this document, the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by pleading guilty to the particulars set out herein, he is waiving his right to require the College to prove the case against him and the right to have a hearing into those allegations;
(c) he voluntarily decided to plead guilty; and
(d) he states that this guilty plea was made voluntarily, unequivocally and with the advice of legal counsel.
- In light of the Member’s guilty plea to the facts and circumstances, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
JOINT SUBMISSION ON PENALTY
- 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 Discipline Committee:
(a) direct that the Member appear before the Committee immediately following the hearing of this matter to receive a reprimand, which reprimand is to be recorded on the Register of the Ontario College of Teachers;
(b) direct the Registrar of the Ontario College of Teachers to suspend the Member certificate of qualifications and registration for a period of one (1) year commencing June 4, 2008; and
(c) direct that there be publication of the findings and order of the Committee, in summary form, including the full name of the Member, in the official publication of the College.
- By this document, the Member acknowledges his understanding that any agreement between the College and the Member with respect to the penalty proposed in this document does not bind the Discipline Committee.
DECISION
Having examined the Exhibits filed, and based on the plea of guilt, the Agreed Statement of Facts, Guilty Plea and Joint Submission on Penalty, and the submissions made by counsel for the College and counsel for the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Cory Oliver Valentini committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(14), 1(15), 1(18) and 1(19), as set out in the Notice of Hearing.
REASONS FOR DECISION
The Member acknowledged that the admitted facts and exhibits described in paragraphs 1 to 3 (the “Admitted Facts”) of the Agreed Statement of Facts, Guilty Plea, and Joint Submission on Penalty (ASF - Exhibit 2) constitute conduct that is unprofessional and pleaded guilty to the allegations of professional misconduct against him.
The Committee accepted the Member’s guilty plea and the Agreed Statement of Facts, Guilty Plea, and Joint Submission on Penalty.
The Member associated with members of a criminal organization. After he knew or ought to have known that those persons were actively engaged in criminal activities he did not sever his associations.
By this conduct, the Member failed to comply with the standards of the profession under Ontario Regulation 437/97 subsection 1(5), failed to comply with section 264(1) (c) of the Education Act contrary to Ontario Regulation 437/9, subsections 1(14) and 1(15), committed acts that were disgraceful and dishonourable under 1(18), and engaged in conduct unbecoming a member under 1(19).
PENALTY DECISION
The Committee accepts the joint submission on penalty and makes the following order as to penalty:
(a) the Member is directed to attend before the Committee, immediately following the hearing of this matter to receive a reprimand, which reprimand is to be recorded on the public register of the Ontario College of Teachers;
(b) the Registrar is directed to suspend the Member’s certificate of qualification and registration for a period of one (1) year commencing June 4, 2008; and
(c) the findings and order of the Committee, including the full name of the Member, shall be published in summary in the official publication of the College, Professionally Speaking/ Pour parler profession.
REASONS FOR PENALTY DECISION
The Committee carefully considered the joint submission on penalty and had some reservations regarding the proposed penalty. The Committee would have liked to have seen a penalty which involved a requirement that the Member complete a course remedial in nature. Such a rehabilitative component could have been combined in some way with the suspension. However the Committee agreed that the penalty was within a reasonable range and accepted the joint submission on penalty.
The penalty appropriately responds to the Member’s behaviour in maintaining associations with criminal persons.
The one-year suspension of the Member’s certificate of qualification and registration and reprimand is reasonable. While the Member associated with known criminals, he did not actively engage in criminality. The penalty of suspension and reprimand acts as a specific deterrent to the Member and sends a message to the profession that this type of conduct is serious and will be dealt with by the Discipline Committee.
The Committee took into consideration the fact that the Member has been removed from the classroom since 2005 and will have a suspension of his licence to teach until June 2009. This will give the Member ample opportunity to reflect on his behaviour and experience some rehabilitation. This is in the best interests of the public.
Publication of the findings and order of the Committee with the name of the Member serves as a restraint to the Member and a general deterrent to members of the profession. Publication promotes openness and transparency and sends a message to the public that teachers who engage in such misconduct face serious consequences.
Date: June 5, 2008
______________________________ Rosemary Fontaine
Chair, Discipline Panel
Mel Greif
Member, Discipline Panel
______________________________ Jacques Tremblay
Member, Discipline Panel