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
Ronald Edward Grabowski, Member of the Ontario College of Teachers.
PANEL: Hanno Weinberger, Chair Mel Greif Darlene Mead
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
- and – RONALD EDWARD GRABOWSKI (CERTIFICATE #209440)
Dianne Paquette, Dispute Resolution Officer, Ontario College of Teachers Ronald Edward Grabowski was not present or represented by counsel Bonni Ellis, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: August 20, 2009
REASONS FOR DECISION, DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on August 20, 2009 at the Ontario College of Teachers (the “College”) at Toronto.
Ronald Edward Grabowski (the “Member”) was not in attendance at the hearing.
A Notice of Hearing dated August 5, 2009 was served on the Member, requesting attendance before the Discipline Committee of the Ontario College of Teachers on August 20, 2009 for the hearing of this matter.
THE ALLEGATIONS
The allegations in the Notice of Hearing (Exhibit 1), dated August 5, 2009 are as follows:
IT WAS ALLEGED that Ronald Edward Grabowski is guilty of professional misconduct as defined in subsection 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 failed to comply with the Act, the regulations or the bylaws, contrary to Ontario Regulation 437/97, subsection 1(14);
(c) he committed an act 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
(d) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
MEMORANDUM OF AGREEMENT
The Dispute Resolution Officer for the College advised the Committee that subject to ratification by the Committee, agreement had been reached on the facts and introduced a Memorandum of Agreement (“MoA”), (Exhibit 3) which provides as follows:
Agreed Statement of Facts
The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.
At all material times, the Member was employed by the Northwest Catholic District School Board (the “Board”) as an Occasional Teacher.
The Member acted in an inappropriate and unprofessional manner and failed to maintain the standards of the profession when he:
a) During the Teachers’ strike in 1997, the Member touched the buttocks of a work colleague, Ms Carla Harris;
b) During the year 2000, the Member touched Ms Harris’ buttocks on numerous occasions while he was training her for role in special education;
c) On May 30th 2008, while standing behind Cheri Tolton-Whatley at her desk, touched her buttocks;
d) At a later time on May 30th 2008, while standing by the sink at the side of the classroom with Cheri Tolton-Whatley, touched her buttocks;
e) During the period of January and February 2008, while discussing a lesson plan with Lisa George, touched her buttocks; and,
f) At the end of April 2008, while in the School office with Lisa George, touched her buttocks.
On June 13, 2008, the Member attended at a meeting with the Director of Education, and the Human Resources Administrator of the Board and was suspended. On June 16th 2008, the Member submitted his resignation in writing which was subsequently formally accepted by the Director of Education.
The Member admits all of the Registrar’s allegations stated herein above and further declares that he acknowledges that his behaviour made his working colleagues feel embarrassment, stress and discomfort.
The Member further states that there are occasions when he was in close proximity to a teacher when discussing lesson plans or asking for clarification.
The Member further admits that he sometimes was in closer physical contact than he should have been and sometimes this was due to his inability to read small prints without his glasses.
The Member declares that he realizes that he acted in an inappropriate manner and that his attempt to demonstrate friendliness in the wrong way was especially not appropriate given his maturity, that he should have known better.
The Member declares that his behaviour was an error in judgment that he is not proud for having acted in that manner and presents his apology to the female teachers whom he has embarrassed.
The Member voluntarily admits and pleads guilty to the above particulars and understands that by doing so, he is waiving the right to require the College to prove the allegations against him and the right to a contested hearing.
The Member agrees and understands that for the purpose of considering this matter the Discipline Committee will be provided with a summary of the matter including the allegations contained in the Registrar’s complaint and the Notice of Hearing.
Joint Submission on Resolution
The parties agree and undertake that upon ratification of this MoA, there shall be no further action taken, no appeal of any or all of the terms of this agreement, and no application for judicial review, providing the terms of this MoA are adhered to.
The parties agree and understand that if any phrase or paragraph of this MoA is deemed null and void, such phrase or paragraph shall be replaced by a valid text attaining the same objective. At all times, the ratified MoA shall remain in force and effect.
The Member declares having resigned as a Member of the Ontario College of Teachers.
The Member declares he has retired from the teaching profession.
The Member, of his own volition, remits to the Dispute Resolution Officer personal letters of apologies destined to the persons he may have offended by his behavior as stated in this MoA. Such letters of apologies were not solicited by the College.
The Member further declares and understands that should he re-apply to become a Member of the College:
a) Membership is not automatic; and,
b) For the purpose of determination whether membership should be granted, the events and facts relating to this complaint against the Member shall be taken into consideration, including this MoA; and,
c) The Member agrees and understands that membership into the College shall not, in any circumstance, be granted unless he provides the Registrar with a confirmation of successful completion of a course of instruction pertaining to appropriate professional boundaries and avoiding harassment in the workplace.
The above mentioned course of instruction shall be provided by an instructor pre-approved by the Registrar and the expense of which shall be borne solely by the Member.
The confirmation of successful completion, as stated in section 17 (c) above, shall include a written declaration from the course provider attesting that the Member has gained a better understanding of the required professional boundaries he must, as a member of the teaching profession, maintain at all times.
The Member agrees and understands that the College may publish a summary of the complaint and its resolution as contained in this MoA for educational purposes. Such publication may include the College’s official publication Professionally Speaking/Pour parler profession, on the College web site and in such other manner as the Registrar deems appropriate. Such publication shall not include the Member’s name.
The Member agrees and understands that this MoA is the entire agreement between himself and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MoA.
The Member agrees and understands that, in the event he breaches a term of this MoA, the College may conduct an investigation or hearing into this matter as permitted under the Ontario College of Teachers Act, 1996.
The Member agrees and understands that, in the event he breaches a term of this MoA, he is estopped from alleging, by way of defence, that the College failed to investigate or dispose of the complaint in a timely manner with respect to the period between the resolution of the complaint and the date on which the College became aware of such a breach.
The Member agrees and understands that, in the event he breaches a term of this MoA, the College may provide the Investigation, Executive, Discipline, or Fitness to Practise Committee with all the information necessary to fulfil its statutory mandate.
The Member declares having voluntarily chosen to represent himself without seeking legal advice from his professional association or an independent attorney and further declares he has been given ample opportunity to seek legal opinion prior to agreeing to this MoA.
DECISION
Having examined the Exhibits filed, and based on the Memorandum of Agreement, the guilty plea, and the submissions made by the College’s Dispute Resolution Officer, the Committee ratifies the Memorandum of Agreement and finds that the facts support a finding of professional misconduct.
In particular, the Committee finds that Ronald Edward Grabowski committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(18 -unprofessional), and 1(19). The Committee makes no finding with respect to the allegations of professional misconduct alleged in paragraphs (a) and (b) of the Notice of Hearing, more particularly breaches of Ontario Regulation 437/97, subsections 1(5) and 1(14).
The Committee accepts the Joint Submission on Resolution and makes the following order:
The findings and order of the Committee shall be published in summary, without the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR DECISION
The Committee accepts the Member’s guilty plea and the agreed facts contained in the Memorandum of Agreement. (Exhibit 3)
Over a period of twelve years, on numerous occasions, the Member touched the buttocks of several female colleagues. This is unacceptable conduct and these actions amount to professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(18-unprofessional) and 1(19).
PENALTY DECISION
The Committee accepts the Joint Submission on Resolution and makes the following order:
- The findings and order of the Committee shall be published in summary, without the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Member recognizes that his behaviour was an error in judgment and made his working colleagues feel embarrassment, stress and discomfort. The Member has retired and resigned his membership in the College and has agreed to conditions should he seek reinstatement of his certificate at a later date.
Publication of the findings and order, without the name of the Member, provides a general deterrent to the profession from engaging in similar behaviour.
The Committee finds specific deterrence is achieved by the notation on the public register of the finding of professional misconduct.
The Committee is satisfied that this decision is appropriate in the circumstances and serves and protects the public interest.
Date: August 20, 2009
Hanno Weinberger Chair, Discipline Panel
Mel Greif Member, Discipline Panel
Darlene Mead Member, Discipline Panel