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
Glenn Vincent Brazil, a member of the Ontario College of Teachers.
PANEL: Danny Anckle, Chair Tammy Bush
John Tucker
BETWEEN: ) ) David E. 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
GLENN VINCENT BRAZIL ) McIntyre & Cornish LLP,
(CERTIFICATE #424842) ) for Glenn Vincent Brazil
) Johanna Braden,
) Stockwoods LLP, ) Independent Legal Counsel ) ) Heard: May 21 and July 8, 2009
REASONS FOR DECISION, DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 21 and July 8, 2009 at the Ontario College of Teachers (“the College”) at Toronto.
A Notice of Hearing, dated November 7, 2008, was served on Glenn Vincent Brazil, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on November 25, 2008 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for May 21, 2009. Glenn Vincent Brazil was not in attendance on May 21, 2009 but was in attendance on July 8, 2009.
THE ALLEGATIONS
The allegations against Glenn Vincent Brazil in the Notice of Hearing, (Exhibit 1) dated November 7, 2008 are as follows:
IT IS ALLEGED that Glenn Vincent Brazil 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 or emotionally, contrary to Ontario Regulation 437/97, subsection 1(17);
(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 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 conclusion of the hearing on July 8, 2009, College Counsel sought to withdraw the allegation of professional misconduct contained in paragraph (e) above that the Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1 (19). The Committee agreed that this allegation be withdrawn.
AGREED STATEMENT OF FACTS
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:
Glenn Vincent Brazil is a member in good standing of the Ontario College of Teachers (the “Member”). 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 Brant Haldimand Norfolk Catholic District School Board (the “Board”) and taught at Assumption College School (the “School”) in Brantford, Ontario.
UNCONTESTED FACTS AND PLEA OF NO CONTEST
- The Member, for the purposes of this proceeding only, does not contest the following facts:
(i) on or about December 3, 2003, while coaching the School’s hockey team and discovering that referees were not in place for the game for his team, the Member engaged in a heated exchange with the convenor of the hockey league, during which he used profane language and gestures;
(ii) on or about April 23, 2004, the Member made inappropriate comments to a female Guidance counsellor at the School, including the use of a derogatory descriptive term for a student, using a swear word, and accusing the counsellor of lying;
(iii) on or about March 3, 2005, during the course of an English lesson and in the course of disciplining one of his male students who was not paying attention, the Member, in the presence of the students in the classroom:
(i) threw a piece of chalk in the student’s direction
(ii) hit the student on the arm with a meter stick; and
(iii) made inappropriate and belittling comments to the student in the presence of his classmates when he questioned the student’s sexuality;
(iv) on or about January 23, 2007, the Member while dealing with a group of visiting students to the School:
(i) said to one of these visiting students, who was wearing satin pants – “If you think I’m chasing you all over the school looking for your fancy pants, you’re sadly mistaken”;
(ii) referred to these visiting students as “jerk-offs” and “pricks”;
(iii) when reporting an incident to the Vice principal respecting the failure of one of the visiting students to identify a fellow student who left the classroom and failed to return, referred to these students as “little jerk-offs who have no respect for anyone here”;
(iv) when confronted by two of the visiting students following the incident referred to at (iii) above who questioned the Member about what was happening, responded to their enquiries by stating to one - “I don’t have to tell you anything”; “Go eat another burger”; and to the other – “If you’re so smart, why don’t you quit school”;
(v) on or about January 24, 2007, during a meeting with the Vice-principal to address the events of the previous day, made false and idle threats respecting information that he had and would divulge to the media about other staff members at the School;
The Member’s unprofessional and inappropriate conduct resulted in the Board terminating his employment effective February 14, 2007.
The Member does not contest, for the purposes of this proceeding only, that the facts described in paragraph 3 (a) to (e) above constitute professional misconduct, being more particularly breaches of Ontario Regulation 437/97 1(5), 1(7); 1(14), 1(15) and 1(18) (unprofessional), and pleads no contest to these allegations of professional misconduct.
By this document the Member states that:
(i) he understands fully the nature of the allegations against him;
(ii) 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;
(iii) he voluntarily decided to plead no contest; and
(iv) 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 him as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the uncontested facts and the Member’s plea of no contest, the Ontario College of Teachers and the Member submit that the Discipline Committee find the member guilty of professional misconduct.
JOINT SUBMISSION ON PENALTY
- In light of the uncontested facts and the plea of no contest to the allegations above, and upon the Discipline Committee making the finding of professional misconduct requested by the parties, 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:
(i) requires the Member to appear before the Committee to be reprimanded, with the fact of the reprimand to be recorded on the Register;
(ii) directs the Registrar of the Ontario College of Teachers to suspend the Member’s Certificate of Qualification and Registration for a period of three (3) months from the date of this Order;
(iii) directs that the imposition of the suspension by the Registrar referred to in paragraph (b) above be postponed and shall not be imposed if the Member fulfils the requirements of paragraph (d) below;
(iv) directs the Registrar of the Ontario College of Teachers to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms and conditions and limitations to be recorded on the Register of the College until such time as they are fulfilled:
(i) the Member shall enrol in and attend, at his own expense, within sixty (60) days of the date of the hearing of this matter, a course, pre-approved by the Registrar, in anger management related to classroom practice and peer relationships;
(ii) the Member shall deliver directly to the Registrar proof of the successful completion of the course in (i) above within thirty (30) days of the completion of the course;
(iii) if the Member is currently engaged in full-time employment, the Member shall provide to the Registrar, within 12 months of the date of this Order, a performance appraisal (as described in O. Reg. 99/02 to the Education Act, R.S.O. 1990, c. E. 2). If such appraisal has not been conducted within the prescribed twelve (12) month period, the Member shall make a written request to his employer to conduct such a performance appraisal within six (6) months from the date of such written request, and shall provide to the Registrar a copy of his written request and the response thereto. Should the Member change employers, he shall immediately take all reasonable steps to obtain such an undertaking from his new employer;
(iv) if the Member commences full-time employment following the date of this Order, the Member shall immediately notify the Registrar and shall, within eighteen (18) months following such commencement, provide to the Registrar a performance appraisal (as described in O. Reg. 99/02 to the Education Act, R.S.O. 1990, c. E. 2). If no such appraisal has been conducted within the prescribed eighteen (18) month period, the Member shall make a written request to his employer to conduct such a performance appraisal within twelve (12) months from the date of such written request, and shall provide to the Registrar a copy of his written request and the response thereto. Should the Member change employers, he shall immediately take all reasonable steps to obtain such an undertaking from his new employer;
(v) the Member shall advise the Registrar within thirty (30) days of the completion of any performance appraisal conducted in accordance with the provisions described in paragraphs (iii) or (iv) above, and shall provide a copy of the performance appraisal to the Registrar as soon as it is provided to him;
(vi) the Member shall advise the Registrar immediately should the request to his employer, as referred to in the preceding paragraphs (iii) and (iv) not be granted;
(v) directs that there be publication of the findings and Order of the Committee in the official publications of the College, Professionally Speaking/Pour parler profession. The parties have not agreed whether or not the publication shall include the name of the Member, and submissions will be made to the Committee on this issue.
- 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 Glenn Vincent Brazil committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(7), 1(14), 1(15) and 1(18 – unprofessional).
REASONS FOR DECISION
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.
The Member did not contest the truth of the facts referred to in paragraphs 3(a) to (e) of the Agreed Statement of Facts, Plea of No Contest, and Joint Submission on Penalty and that these facts constitute professional misconduct and pleaded no contest to these allegations of professional misconduct.
The Member engaged in unprofessional and inappropriate conduct, which included using profane language and gestures, using a derogatory term for a student, swearing and accusing a colleague of lying. The Member also threw chalk in a student’s direction, hit a student on the arm with a meter stick and made inappropriate and belittling comments to the student in front of his classmates.
When presented with a group of visiting students, the Member acted in an unprofessional manner by insulting their attire and verbally abusing them. In addition, during a meeting with the vice-principal to address the aforementioned behaviour, the Member made false and idle threats respecting information that he would divulge to the media about other staff members at the school.
The Committee determined that the Member’s use of inappropriate verbal comments with students and colleagues and employing physical abuse as a discipline method did not comply with the standards of the profession or the Education Act contrary to Ontario Regulation 437/97 subsection 1(5), 1(7), 1(14) and 1(15).
Further, the Committee found the Member’s inappropriate comments and discipline methods to be unprofessional, contrary to Ontario Regulation 437/97 subsection 1(18).
SUBMISSIONS ON PUBLICATION
Counsel for the Member submitted that there be publication of the findings and order of the Committee without the name of the Member. He submitted that there is no presumption in favour of publication and that each case must be considered on its own merits.
Counsel for the College urged the Committee to publish the name of the Member because the hearing was open to the public and there is a duty to report to the public and the profession the findings to ensure transparency and openness.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Member is required to appear before the Committee to be reprimanded, with the fact of the reprimand to be recorded on the Register;
The Registrar of the Ontario College of Teachers is directed to suspend the Member’s Certificate of Qualification and Registration for a period of three (3) months from the date of this Order;
(i) directs that the imposition of the suspension by the Registrar referred to in paragraph (2) above be postponed and shall not be imposed if the Member fulfils the requirements of paragraphs (3) (i) and (ii) below within the periods specified therein
- The Registrar is directed to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms and conditions and limitations to be recorded on the Register of the College until such time as they are fulfilled:
(i) the Member shall enrol in and attend, at his own expense, within sixty (60) days of the date of the hearing of this matter, a course, pre-approved by the Registrar, in anger management related to classroom practice and peer relationships;
(ii) the Member shall deliver directly to the Registrar proof of the successful completion of the course in (i) above within thirty (30) days of the completion of the course;
(iii) if the Member is currently engaged in full-time employment, the Member shall provide to the Registrar, within 12 months of the date of this Order, a performance appraisal (as described in O. Reg. 99/02 to the Education Act, R.S.O. 1990, c. E. 2). If such appraisal has not been conducted within the prescribed twelve (12) month period, the Member shall make a written request to his employer to conduct such a performance appraisal within six (6) months from the date of such written request, and shall provide to the Registrar a copy of his written request and the response thereto. Should the Member change employers, he shall immediately take all reasonable steps to obtain such an undertaking from his new employer;
(iv) if the Member commences full-time employment following the date of this Order, the Member shall immediately notify the Registrar and shall, within eighteen (18) months following such commencement, provide to the Registrar a performance appraisal (as described in O. Reg. 99/02 to the Education Act, R.S.O. 1990, c. E. 2). If no such appraisal has been conducted within the prescribed eighteen (18) month period, the Member shall make a written request to his employer to conduct such a performance appraisal within twelve (12) months from the date of such written request, and shall provide to the Registrar a copy of his written request and the response thereto. Should the Member change employers, he shall immediately take all reasonable steps to obtain such an undertaking from his new employer;
(v) the Member shall advise the Registrar within thirty (30) days of the completion of any performance appraisal conducted in accordance with the provisions described in paragraphs (iii) or (iv) above, and shall provide a copy of the performance appraisal to the Registrar as soon as it is provided to him;
(vi) the Member shall advise the Registrar immediately should the request to his employer, as referred to in the preceding paragraphs (iii) and (iv) not be granted.
- 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, with the name of the Member in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Member engaged in unprofessional conduct over the course of a number of years in a number of settings. His conduct showed a lack professionalism and respect for colleagues and students.
The reprimand of the Member by his peers in respect to his inappropriate conduct serves to reinforce the necessity to maintain a professional manner with students and colleagues at all times. It will further remind the Member to uphold the standards of the profession and not to engage in unprofessional conduct. The fact that the reprimand will be recorded on the Register serves as a specific deterrent to the Member.
The Committee determined that the course of instruction in anger management related to classroom practice and peer relationships will assist the Member in addressing the issues which have given rise to his misconduct and help him to understand the acceptable limits of student/teacher/colleague interaction. If the Member fails to successfully complete this course, his certificate will be suspended for a period of three months from the date of this order.
The requirement that the Member take a course in anger management and the reprimand of the Member will assure the public that the issues which gave rise to the misconduct are being addressed. The penalty informs the public that the College of Teachers does not take this type of misconduct lightly and deals appropriately with matters brought to its attention.
If the Member commences full-time employment following the date of this order he must submit a performance appraisal to the Registrar within 18 months of such employment. The submission of the performance appraisal to the Registrar serves the public interest by monitoring the Member’s conduct upon return to the classroom.
The Committee considered the Member’s request to withhold publication of his name. However, the Member’s misconduct occurred over a number of years and involved various students and colleagues in different settings. This conduct warrants publication with the Member’s name. Publication of the findings and order of the Committee, in summary, with the name of the Member, in Professionally Speaking/Pour parler profession provides a specific deterrent to the Member and a general deterrent to the profession and serves the public interest. It also reassures and advises the public that the College will not tolerate such misconduct and will deal with it appropriately.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: July 8, 2009
______________________________ Danny Anckle
Chair, Discipline Panel
Tammy Bush
Member, Discipline Panel
John Tucker
Member, Discipline Panel