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 Daniel Norman Glasner, OCT, a member of the Ontario College of Teachers.
PANEL: Annilee Jarvis, OCT, Chair Mel Greif Robert Ryan, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Eli Mogil, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Jennifer Robinson, Law Clerk
- and –
DANIEL NORMAN GLASNER (CERTIFICATE #481241) Mandy Wojcik, Sack Goldblatt Mitchell, for Daniel Norman Glasner
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: October 31, 2011
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 31, 2011 at the Ontario College of Teachers (“the College”) at Toronto.
A Notice of Hearing, dated August 20, 2010 was served on Daniel Norman Glasner, requesting his presence on September 15, 2010 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for October 31, 2011.
Daniel Norman Glasner was not in attendance.
THE ALLEGATIONS
The allegations against Daniel Norman Glasner in the Notice of Hearing, (Exhibit 1) dated August 20, 2010 are as follows:
IT IS ALLEGED that Daniel Norman Glasner is guilty of professional misconduct as defined in subsection 30(2) and/or is incompetent as defined in subsection 30(3) 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 Education Act, Revised Statutes of Ontario, 1990, chapter E.2, or the Regulations made thereunder, contrary to Ontario Regulation 437/97, subsection 1(15);
(c) 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
(d) he displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of his students of a nature or extent that demonstrates that the Member is either unfit to carry out his professional responsibilities or that the Member’s certificate should be made subject to terms, conditions or limitations.
At the hearing on October 31, 2011, College counsel sought to withdraw the allegations of professional misconduct in paragraphs (a), (b) and (c), namely that the Member breached Ontario Regulation 437/97, subsections 1 (5), 1(15) 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 a Statement of Uncontested Facts and Plea of No Contest (Exhibit 3), which provides as follows:
STATEMENT OF UNCONTESTED FACTS
Daniel Norman Glasner (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 Toronto District School Board (the “Board”) and taught at the elementary level, Grade 2/3, at Glen Park Public School in Toronto, Ontario.
During the 2005/2006 academic year, the Member’s performance was assessed on two occasions. On each occasion the Member’s performance was deemed to be unsatisfactory in the areas of Commitment to Pupils and Pupil Learning, Professional Knowledge, Teaching Practice, Leadership and Community, and Ongoing Professional Learning. Attached hereto and marked as Exhibits “B” and “C” respectively, are the Summative Reports dated January 17, 2006 and June 2, 2006 prepared by the Principal who conducted those evaluations.
The Member’s classroom management skills, his curriculum knowledge and delivery, his lesson planning and preparation, his effective teaching performance, his evaluation of student work and progress and his assessment practices all failed to meet the standards expected of a teacher with his training and experience. The deficiencies included the Member’s inability or failure to:
(a) shape instruction so that it was helpful to students’ individual needs and learning styles;
(b) establish a learning environment that maximized learning for all students;
(c) employ different motivational strategies to encourage the development of student competence in all areas and to develop clear and achievable classroom expectations of and for his students;
(d) guide and provide appropriate feedback to learners on their attainment of new concepts and skills and to employ formative and summative assessments;
(e) align assessment strategies with learning objectives and to use a variety of assessment strategies and instruments to ensure that his lesson plans and decisions were designed to improve and foster student learning, progress and development;
(f) provide his students with the guidance to use technology as a tool to aid their learning;
(g) despite his collaboration with other teachers and school colleagues and his engagement in ongoing professional learning, to apply the lessons learned by him through such collaboration and instruction to create and sustain learning communities in his classroom.
On June 14, 2006, the Member was placed on review.
The Member resigned from his employment with the Board effective August 31, 2007.
PLEA OF NO CONTEST
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and exhibits referred to in paragraphs 1 to 6 above (the “uncontested Facts”).
The Member hereby pleads no contest to the allegation of incompetence in that he displayed a lack of knowledge, skill or judgment that demonstrates that his Certificate should be made subject to terms, conditions or limitations, as defined in subsection 30(3) of the Ontario College of Teachers Act, 1996.
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 uncontested 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 that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;
(e) he understands that any agreement between his counsel and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;
(f) 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 finding in any other civil, criminal or administrative proceeding.
JOINT SUBMISSION ON PENALTY
- In light of the uncontested facts and circumstances and the Member’s plea of no contest to the allegation of incompetence against him, 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:
(a) 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 advise the Registrar at least thirty (30) days before his return to any teaching duties of the date of such return, the name of his employer, and the nature of said employment, and will ensure that the requirements at (ii) and (iii) below have been complied with;
(ii) prior to any return to a teaching position for which a Certificate of Qualification and Registration is required, the Member shall attend, at his own expense, and successfully complete the following course, pre-approved by the Registrar:
A. an Additional Qualification or Additional Basic Qualification course which covers curriculum, lesson planning, instructional strategies and assessment of student learning;
(iii) within thirty (30) days of his completion of the course referred to at paragraph A above, the Member shall provide evidence to the Registrar in writing, of his successful completion of same.
- 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 considered the evidence, onus and standard of proof, and the submissions made by Counsel for the College and Counsel for the Member, the Committee finds that the facts support a finding of incompetence. In particular, the Committee finds Daniel Norman Glasner to be incompetent in that he displayed a lack of knowledge, skill or judgment that demonstrates that his Certificate should be made subject to terms, conditions or limitations, as defined in subsection 30(3) of the Act.
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 6 (the “uncontested facts”) of the Statement of Uncontested Facts and Plea of No Contest (Exhibit 3). The Member pleaded no contest to the allegation of incompetence in that he displayed a lack of knowledge, skill or judgment that demonstrates that his Certificate should be made subject to terms, conditions or limitations, as defined in subsection 30(3) of the Act.
The Member’s performance was assessed on two occasions in January and June 2006. On each occasion the Member’s performance was deemed to be unsatisfactory in the areas of Commitment to Pupils and Pupil Learning, Professional Knowledge, Teaching Practice, Leadership and Community, and Ongoing Professional Learning.
Challenges the Member faced included his inability to differentiate instruction to meet student needs; establish a positive learning environment; plan and implement curriculum; provide appropriate feedback; utilize appropriate assessment techniques. In addition, the Member lacked mastery of his subject matter.
The Member received additional supports in his classroom to support programming enrichment and the development of an appropriate literacy program. He also participated in collaboration with other teachers and school colleagues. Despite these supports and opportunities, the Member could not sustain an effective learning environment.
After consideration of the evidence provided in the Statement of Uncontested Facts and submissions by counsel, the Committee finds the Member to be incompetent in that he displayed a lack of knowledge, skill or judgment that demonstrates that his Certificate should be made subject to terms, conditions or limitations, as defined in subsection 30(3) of the Act.
PENALTY ORDER
The Committee accepts the joint submission on penalty and makes the following order:
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, conditions and limitations to be recorded on the Register of the College until such time as they are fulfilled;
(i) the Member shall advise the Registrar at least thirty (30) days before his return to any teaching duties of the date of such return, the name of his employer, and the nature of said employment, and will ensure that the requirements at (ii) and (iii) below have been complied with;
(ii) prior to any return to a teaching position for which a Certificate of Qualification and Registration is required, the Member shall attend, at his own expense, and successfully complete the following course, pre-approved by the Registrar:
A. an Additional Qualification or Additional Basic Qualification course which covers curriculum, lesson planning, instructional strategies and assessment of student learning;
(iii) within thirty (30) days of his completion of the course referred to at paragraph A above, the Member shall provide evidence to the Registrar in writing, of his successful completion of same.
REASONS FOR PENALTY ORDER
The Member has demonstrated and acknowledged incompetencies in his teaching practices. In spite of additional supports the Member failed to remediate deficiencies in his abilities in the classroom. The public interest is served by requiring that, prior to returning to a teaching position, the Member shall undertake remediation in teaching practice by completing an accredited Additional Qualification or Additional Basic Qualification course, which covers curriculum, lesson planning, instructional strategies and assessment of student learning. This will assist the Member in acquiring the necessary skills to effectively resume teaching responsibilities in publicly funded schools in Ontario.
The public interest will be served by the successful completion of the required course.
Date: October 31, 2011
Annilee Jarvis, OCT Chair, Discipline Panel
Mel Greif Member, Discipline Panel
Robert Ryan, OCT Member, Discipline Panel```