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
Bruce Leslie Hyde, a member of the Ontario College of Teachers.
PANEL: Dean Favero, Chair Anne Marie Levesque
Jacques Tremblay
BETWEEN: ) Erica Richler,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Trevor Evans,
) Senior Law Clerk
- and – )
) Stephanie Carey and
BRUCE LESLIE HYDE ) James Tausenfreund,
(CERTIFICATE #460267) ) Markle & Phibbs,
) for Bruce Leslie Hyde
) Bonni Ellis,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: August 28, 2009
REASONS FOR DECISION, DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on August 28, 2009 at the Ontario College of Teachers (“the College”) at Toronto.
A Notice of Hearing, dated February 5, 2007 was served on Bruce Leslie Hyde, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on March 5, 2007 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for August 28, 2009.
Bruce Leslie Hyde was in attendance.
THE ALLEGATIONS
The allegations against Bruce Leslie Hyde in the Notice of Hearing, (Exhibit 1) dated February 5, 2007, are as follows:
IT IS ALLEGED that Bruce Leslie Hyde 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);
(b) he abused a student or students physically, sexually, verbally, psychologically and/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 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);
(e) he contravened a law, the contravention of which caused a student under his professional supervision to be put at risk, contrary to Ontario Regulation 437/97. subsection 1(17);
(f) 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
(g) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
At the hearing on August 28, 2009, College counsel sought to withdraw the allegations of professional misconduct in paragraphs (a), (b), (c), (d), (e) and (f) above, namely that the Member breached Ontario Regulation 437/97, subsections 1(5), 1(7), 1(14), 1(15), 1(16), 1(17) and 1(18). The Committee agrees that these allegations shall be withdrawn.
Counsel for the College advised the Committee that an agreement had been reached on the facts 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
Bruce Leslie Hyde (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 Durham Catholic District School Board (“the Board”), and taught a Design and Technology course at Fr. Leo J. Austin Catholic Secondary School (the “School”) in Whitby, Ontario.
During the 2004/2005 academic year, the Member acted unprofessionally on a number of occasions towards students in his Grade 9 classroom when he:
(a) used inappropriate language or gestures when speaking to students;
(b) engaged in horseplay with a number of his male students; and
(c) while admonishing his students when they did not obey his directions, failed to ensure that his disciplining of them did not include any physical touching of their person.
PLEA OF NO CONTEST
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and the exhibit referred to in paragraphs 1 to 3 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts referred to in paragraph 3 above constitute conduct that falls below the standards of the teaching profession and is conduct unbecoming of a Member, being more particularly a breach of Ontario Regulation 437/97 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the admitted facts being presented to the Discipline Committee;
(c) he understands that by pleading no contest to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee under protection of the Evidence Act, R.S.O. 1990, chapter E. 23, for the purpose of this proceeding under the College of Teachers Act 1996, chapter 12, and for no other purpose. The Member’s plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the admitted 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 Committee directs:
(a) that the Member appear before the Committee immediately following the hearing of this matter to be counselled and the fact of the counselling to be recorded on the Register of the Ontario College of Teachers;
(b) directs the Registrar to impose the following term or condition on the Member’s certificate:
(i) that the Member is to enrol in and complete, at his own expense, within three (3) months from the date of this Order, a course of instruction, pre-approved by the Registrar, in appropriate techniques and positive classroom management strategies, with particular emphasis on accepted methods for the disciplining of students, and to deliver directly to the Registrar within thirty (30) days of its completion, written proof of his successful completion of same;
(c) directs that the findings and order of the Committee be published in the official publication of the College Professionally Speaking/Pour parler profession, without the Member’s name.
- 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 no contest, the Agreed Statement of Facts, Plea of No Contest 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 Bruce Leslie Hyde committed acts of professional misconduct, being more particularly a breach of Ontario Regulation 437/97 subsection 1(19) as set out in the Notice of Hearing.
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibit referred to in paragraphs 1 to 3 (the “admitted facts”) of the Agreed Statement of Facts, Plea of No Contest, and Joint Submission on Penalty (ASF - Exhibit 2). He acknowledged that the admitted facts referred to in paragraph 3 of Exhibit 2 constitute professional misconduct and pleaded no contest to the allegations of professional misconduct. The Committee accepted the Member’s plea of no contest and the Agreed Statement of Facts, Plea of No Contest, and Joint Submission on Penalty.
During the 2004/2005 academic year, the Member used inappropriate language or gestures with students. He engaged in horseplay with male students, and also disciplined students using physical contact. This is inappropriate behaviour and conduct unbecoming a member.
PENALTY DECISION
The Committee accepts the joint submission on penalty and makes the following order as to penalty:
(a) the Member is required to appear before the Committee to be counselled and the fact of the counselling is to be recorded on the public register of the Ontario College of Teachers;
(b) the Registrar of the Ontario College of Teachers is directed to impose the following term or condition on the Member’s Certificate of Qualification and Registration - that the Member is to enrol in and complete, at his own expense, within three (3) months from August 28, 2009, a course of instruction, pre- approved by the Registrar, in appropriate techniques and positive classroom management strategies, with particular emphasis on accepted methods for the disciplining of students, and to deliver directly to the Registrar within thirty (30) days of its completion, written proof of his successful completion of same.
(c) Pursuant to Section 30 (5) (3) of the Ontario College of Teachers Act, 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 Committee determined that the counselling will serve as an educative component and as a specific deterrent to the Member. The course of instruction will provide a level of protection to the public and benefit the Member and students.
Publication of the findings and order promotes transparency of the process and will advise the public that the conduct engaged in by the Member is unacceptable and acts as a general deterrent to the profession. The Committee felt there was no need for publication of the Member’s name in light of the nature of his behaviour and the facts of the case.
The Committee concludes that the decision is in the public interest.
Date: August 28, 2009
______________________________ Dean Favero
Chair, Discipline Panel
Anne Marie Levesque
Member, Discipline Panel
______________________________ Jacques Tremblay
Member, Discipline Panel