DISCIPLINE COMMITTEE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against Claude G. Bégin, OCT, a member of the Ontario College of Teachers.
PANEL: Dean Favero, OCT, Chair
Anne Marie Levesque
Jacques Tremblay, OCT
BETWEEN: ) ) Colin Baxter and Calina Ritchie,
) Cavanagh Williams Conway Baxter, LLP,
) representing Ontario College of Teachers
ONTARIO COLLEGE OF TEACHERS )
- and - ) Julie Skinner and Christine Poirier, ) Nelligan O’Brien Payne, LLP,
CLAUDE G. BÉGIN ) representing Claude G. Bégin
(REGISTRATION NUMBER 446821) )
) Paul Marshall,
) Emond Harnden, LLP,
) Independent Legal Counsel ) ) Heard: November 2, 2009
REASONS FOR DECISION, DECISION AND ORDERS
Counsel for the College brought a motion to seek leave from the Discipline Committee to withdraw the allegations set out in the Notice of Hearing dated December 4, 2008.
Claude G. Bégin did not attend.
The Committee heard representations made by College counsel in the presence of the Member’s counsel. This latter stated that the allegations set out in the Notice of Hearing involved the Member’s incompetence and misconduct. She added that the allegations were the result of two unsatisfactory performance appraisals. College counsel pointed out that these appraisals were not only highly vague and subjective but that they had been done by the same person within a short period of time. The Committee accepted the submissions from College counsel stating that it would have been very difficult for the College to prove the Member’s incompetence solely on the basis of performance appraisals done by one teacher. On consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against Claude G. Bégin as set out in the Notice of Hearing dated December 4, 2008.
The Committee concludes that withdrawal of the Notice of Hearing in these circumstances is reasonable and serves and protects the public interest.
Date: December 2, 2009
Dean Favero, OCT
Chair, Discipline Panel
Anne Marie Levesque
Member, Discipline Panel
Jacques Tremblay, OCT
Member, Discipline Panel