DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Ruracenyeka, 2010 ONOCT 32 Date: 2010-12-14
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996, c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against Clément Ruracenyeka, a member of the Ontario College of Teachers.
PANEL: Dean Favero, OCT, Chair Robert Gagné Jacques Tremblay, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Christine Lonsdale, McCarthy Tétrault LLP, for the Ontario College of Teachers, assisted by Lisa Filgiano
- and -
CLÉMENT RURACENYEKA (CERTIFICATE #450776) Julie Skinner, Nelligan O’Brien Payne, LLP, for Clément Ruracenyeka
Paul Marshall, Emond Harnden, LLP, Independent Legal Counsel
Heard: December 14, 2010
DECISION ON MOTION
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 February 9, 2009.
Clément Ruracenyeka was not in attendance at the hearing, but was represented by legal counsel.
The Committee examined the evidence produced by Counsel for the College, in the presence of Counsel for the Member. The latter submitted that the allegations set out in the Notice of Hearing concerned the Member’s incompetence and misconduct further to three unsatisfactory teacher performance appraisals and one satisfactory teacher performance appraisal.
Having considered the submissions of Counsel for the College and for the Member, and upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against Clément Ruracenyeka as set out in the Notice of Hearing dated February 9, 2009.
The Committee is satisfied and finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and protects the public interest.
Date: December 14, 2010
Dean Favero, OCT Chair, Discipline Panel
Robert Gagné Member, Discipline Panel
Jacques Tremblay, OCT Member, Discipline Panel