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
John George Drynan, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Monika Ferenczy, OCT
Annilee Jarvis, OCT
BETWEEN: ) Shane D’Souza,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Bev Hodsdon,
) Law Clerk
- and – )
JOHN GEORGE DRYNAN ) John George Drynan
(CERTIFICATE #140672) ) was not present or represented
) Rebecca Durcan,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: March 8, 2012
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on March 8, 2012 at the Ontario College of Teachers (“the College”) at Toronto.
A Notice of Hearing, dated November 17, 2011 was served on John George Drynan, requesting his presence on November 28, 2011 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for March 8, 2012.
John George Drynan was not in attendance.
THE ALLEGATIONS
The allegations against John George Drynan in the Notice of Hearing, (Exhibit 1) dated November 17, 2011 are as follows:
IT IS ALLEGED that John George Drynan is guilty of professional misconduct as defined in subsection 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 failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(c) 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);
(d) he contravened a law, the contravention of which has caused or may cause a student who is under the Member’s professional supervision to be put at or to remain at risk contrary to Ontario Regulation 437/97, subsection 1(17);
(e) 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
(f) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
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 2), which provides as follows:
STATEMENT OF UNCONTESTED FACTS
John George Drynan (the “Member”) was at all material times, 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 a retired member of the Ontario College of Teachers.
The Member’s son was at the family home with his wife and three year old daughter during the Holiday season in 2010. During this time the Member’s son wanted to use the Member’s computer to surf the Internet and upon entering a website into the search field, websites linked to child pornography popped up.
The Member’s son confronted the Member about it and the Member did not deny searching for child pornography.
The Member’s son reported what he saw to the police.
On or about January 5, 2011, the Member was charged by the Oshawa Police Service that he on or about December 26, 2010 at the City of Oshawa, did without lawful excuse, possess child pornography, contrary to Section 163.1, subsection (4) of the Criminal Code (Canada).
On or about May 6, 2011, the Member was found guilty of paragraph 6 above and received a sentence of twelve (12) days incarceration to be served intermittently and two (2) years probation.
Attached hereto and marked as Exhibit “B” is a certified copy of the Ontario Court of Justice Information, dated January 5, 2011, with respect to that charge.
A certified copy of the Probation Order dated May 6, 2011, is attached as Exhibit “C”.
A certified copy of the Prohibition Order dated May 6, 2011, is attached as Exhibit “D”.
A copy of the transcript of Proceedings made on May 6, 2011 before Justice M. Block is attached as Exhibit “E”.
PLEA OF NO CONTEST
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and the exhibits referred to in paragraphs 1 to 11 above (the “Uncontested Facts”).
The Member hereby acknowledges that the Uncontested Facts referred to in paragraphs 3 and 7 above, constitute conduct which is professional misconduct, and pleads no contest to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(16), 1(17), 1(18) and 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 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 counsel for the College and himself 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 without 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 Ontario 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 uncontested facts and circumstances, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Having considered the evidence, onus and standard of proof, and the submissions made by Counsel for the College, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that John George Drynan committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(16), 1(17), 1(18) and 1(19).
REASONS FOR DECISION
The Member was not present or represented during this hearing. Following submissions from College counsel, the committee was satisfied that the Member was fully informed of the day and time of the hearing. In addition, the College submitted Statement of Uncontested Facts and Plea of No Contest, dated January 16, 2012 (Exhibit 2) and the Questions to be answered by John George Drynan in Respect of his Plea of No Contest as Set Out in the Statement of Uncontested Facts, Plea of No Contest…(Exhibit 3). Both exhibits had been signed by the Member.
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 11 (the “uncontested facts”) of the Statement of Uncontested Facts and Plea of No Contest (Exhibit 2). He acknowledged that the uncontested facts referred to in paragraphs 3 and 7 above constitute conduct which is professional misconduct and pleaded no contest to the allegations of professional misconduct. The Committee accepted the Member’s plea of no contest and the facts in the Statement of Uncontested Facts and Plea of No Contest.
It is uncontested that the Member was charged and convicted of possession of child pornography, contrary to Section 163.1, subsection (4) of the Criminal Code (Canada). Further, the Member received a sentence of twelve (12) days incarceration to be served intermittently and two (2) years probation.
Rules 13.03 and 13.04 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee of the Ontario College of Teachers allow the Committee to accept as proof that an offence was committed by a person, where there is a finding of guilt and conviction in a Canadian court, provided that there is no evidence to the contrary and that no appeal has been granted.
The Member was found guilty of possession of child pornography as per section 163.1(4) of the Criminal Code (Canada), May 6, 2011. The Member was sentenced to 12 days of incarceration and two years of probation.
In light of the Member’s criminal conviction, the Committee accepts his plea of no contest.
The Committee finds that the Member’s possession of child pornography and his criminal conviction for possession of child pornography constitute acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(16), 1(17), 1(18) and 1(19).
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:
(a) directs the Registrar of the Ontario College of Teachers to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar; and
(b) directs that there be publication of the findings and Order of the Committee in summary form, including the Member’s name, in the official publication of the College, Professionally Speaking/Pour parler profession.
PENALTY
The Committee makes the following order as to penalty:
The Registrar is directed to revoke the Certificate of Qualification and Registration of the Member; and
The Committee directs that there be publication of the findings and Order of the Committee in summary form, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Member was charged under the Criminal Code (Canada) and convicted of possession of child pornography. Possession of child pornography is a crime against children and perpetuates a market which thrives on the abuse of children.
The Committee finds that the Member, by possessing child pornography and by being convicted of possession of child pornography, is not suitable to be in a position of trust and authority over children. The Member has brought the profession into disrepute and has lost the trust of the public.
The Member has been convicted, incarcerated, and sentenced to probation for a period of two years. In addition, a Prohibition Order is in place for a period of 10 years, to ensure the Member is not in the presence of any child under 16 years of age. This Member should not be permitted to teach in Ontario. Therefore, his Certificate of Qualification and Registration must be revoked.
Publication of the findings and order of the Committee, in summary, with the name of the Member, in Professionally Speaking/Pour parler profession provides both a specific deterrent to the Member and a general deterrent to the profession while advising and serving the public interest. It assures the public that the College will not tolerate such behaviour and will ensure that this type of misconduct is dealt with severely.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: March 8, 2012
______________________________ John Tucker, Chair
Chair, Discipline Panel
Monika Ferenczy, OCT
Member, Discipline Panel
Annilee Jarvis, OCT
Member, Discipline Panel