DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act and Ontario Regulation 437/97;
AND IN THE MATTER OF a discipline proceeding against
Stephan Gillet, OCT, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair Darlene Mead, OCT Ruth Ann Penny, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Christine Lonsdale and Lisa Filgiano, McCarthy Tétrault LLP, for Ontario College of Teachers
- and -
STEPHAN GILLET (CERTIFICATE #263689) Stephan Gillet was not present or represented by counsel
Paul Marshall, Emond Harnden LLP, Independent Legal Counsel
Heard: November 23, 2011
REASONS FOR DECISION, DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the "Committee") on November 23, 2011 at the Ontario College of Teachers ("the College") at Toronto.
A Notice of Hearing, dated June 4, 2010, was served on Stephan Gillet requesting his attendance before the Discipline Committee of the Ontario College of Teachers on July 27, 2010 to set a date for a hearing. The hearing was subsequently set for November 23, 2011.
Stephan Gillet was not in attendance at the hearing or represented by legal counsel.
ALLEGATIONS
The allegations against Stephan Gillet in the Notice of Hearing (Exhibit 1), dated June 4, 2010, are as follows:
IT IS ALLEGED that Stephan Gillet is guilty of professional misconduct as defined in subsection 30(2) of 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 keep records as required by his or her professional duties, contrary to Ontario Regulation 437/97, subsection 1(10);
c) he signed or issued, in his professional capacity, a document that he knew or ought to know contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);
d) he falsified a record relating to his professional responsibilities, contrary to Ontario Regulation 437/97, subsection 1(13);
e) he failed to comply with the Education Act or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
f) 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
g) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
STATEMENT OF UNCONTESTED FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced a Statement of Uncontested Facts, Plea of No Contest and Joint Submission on Penalty (Exhibit 5).
Stephan Gillet ("the Member") is a member of the College. Attached hereto and marked as Exhibit "A" is a copy of the Ontario College of Teachers' Registered Member Information respecting the Member.
Between the months of December 2006 and September 2007, the Member was employed by the Conseil scolaire de district catholique Centre-Sud ("Board") as principal of École St-Jean Aurora, in Aurora ("the School").
Invoices Submitted to the Board
Between the months of December 2006 and September 2007, the Member accepted reimbursement by the Board in the amount of $8,521.40, for teaching and learning materials which have not been located at the School. The Member also accepted reimbursement by the Board in the amount of $911.99, for a television which has not been located at the School. The Member submitted a final invoice in the amount of $1,749.65 for teaching and learning materials which have not been located at the School. The Member has not been reimbursed by the Board for this amount.
On December 13, 2006, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $545.69, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "B" is a copy of this invoice.
On December 18, 2006, the Member accepted reimbursement by the Board in the form of a cheque in the amount of $545.69. Attached hereto and marked as Exhibit "C" is a copy of this cheque.
On January 10, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $675.69, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "D" is a copy of this invoice.
On January 11, 2007, the Member accepted reimbursement by the Board in the form of a cheque in the amount of $675.69. Attached hereto and marked as Exhibit "E" is a copy of this cheque.
On January 15, 2007, the Member submitted an invoice from "the Bay" for a television which he had purchased in the amount of $911.99 using a gift card. The television has not been located at the School. Attached hereto and marked as Exhibit "F" is a copy of this invoice.
On January 17, 2007, the Member accepted reimbursement by the Board in the form of a cheque in the amount of $911.99. Attached hereto and marked as Exhibit "G" is a copy of this cheque.
On February 19, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $725.69, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "H" is a copy of this invoice.
On February 23, 2007, the Member accepted reimbursement by the Board in the form of a cheque in the amount of $725.69. Attached hereto and marked as Exhibit "I" is a copy of this cheque.
On May 15, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $769.69, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "J" is a copy of this invoice.
On May 22, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $1,115.04, for teaching and learning materials. Attached hereto and marked as Exhibit "K" is a copy of this invoice.
On May 29, 2007, the Member accepted reimbursement by the Board for the latter two invoices in the form of a cheque in the amount of $1,884.73. Attached hereto and marked as Exhibit "L" is a copy of this cheque.
On June 14, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $2,035.20, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "M" is a copy of this invoice.
On June 15, 2007, the Member accepted reimbursement by the Board in the form of a cheque in the amount of $2,035.20. Attached hereto and marked as Exhibit "N" is a copy of this cheque.
On July 3, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $899.70, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "O" is a copy of this invoice.
On July 3, 2007, the Member accepted reimbursement by the Board in the form of a cheque in the amount of $899.70. Attached hereto and marked as Exhibit "P" is a copy of this cheque.
On July 3, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $1,754.70, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "Q" is a copy of this invoice.
On July 3, 2007, the Member accepted reimbursement by the Board in the form of a cheque in the amount of $1,754.70. Attached hereto and marked as Exhibit "R" is a copy of this cheque.
On September 25, 2007, the Member submitted an invoice, bearing the letterhead of "Solution Tree", in the amount of $1,749.65, for teaching and learning materials. These materials have not been located at the School. Attached hereto and marked as Exhibit "S" is a copy of this invoice.
The invoice of September 25, 2007 has not been reimbursed by the Board.
The Invoices Are Not from Solution Tree
- In a letter received on November 7, 2007, a representative from Solution Tree's Accounts Receivable department in British Columbia confirmed that the organization had not issued the invoices submitted to the Board for purchases of textbooks. Attached hereto and marked as Exhibit "T" is a copy of this letter.
The ISBN Numbers Are Incorrect
- The ISBN numbers on the invoices submitted by the Member do not correspond to textbooks. They do not correspond to any book according to searches performed on www.google.com and www.amazon.com. Attached hereto and marked as Exhibit "U" is a copy of the searches performed.
Termination of Employment
Following two meetings with the Member and members of the Board on November 16 and 21, 2007, neither the teaching and learning materials nor the television were located at the School.
In a letter dated November 28, 2007, the Board terminated the Member's employment. Attached hereto and marked as Exhibit "V" is a copy of this letter.
Undertaking of Reimbursement to the Board
In a letter dated November 28, 2007, the Member undertook to reimburse the Board the amount of $9,433.39 within 24 months. Attached hereto and marked as Exhibit "W" is a copy of this letter.
The Board has received no reimbursement of funds from the Member.
PLEA OF NO CONTEST
By this document, the Member does not contest the accuracy of the facts and exhibits referred to in paragraphs 1 through 26 above. The Member pleads no contest to the allegation of professional misconduct against him, being more particularly breaches of subsections 1(5), 1(10), 1(12), 1(13), 1(15), 1(18) and 1(19) of Ontario Regulation 437/97.
The Member states that:
(h) he understands fully the nature of the allegations of professional misconduct against him as set out in detail above;
(i) he understands that by pleading no contest to these allegations, he is waiving his right to require the College to prove the case against him and his right to have a hearing;
(j) he has decided voluntarily to plead no contest to the allegations set out in detail in the Statement of Uncontested Facts, above; and
(k) he understands and acknowledges this agreement and is signing it voluntarily, unequivocally and with the benefit of independent 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, c. E. 23, for the purpose of this proceeding under the Ontario College of Teachers Act, 1996, S.O., 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 agreed facts described above and the plea of no contest, the College and the Member jointly submit that the Discipline Committee ought to find the Member guilty of professional misconduct.
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 would be that the Committee:
(a) require the Member to appear before the Committee immediately following the hearing of this matter to be reprimanded, with the fact of the reprimand to be recorded on the Register;
(b) direct the College Registrar to suspend the Member's certificate for a period of one and one-half (1 ½) years from the date of the written Discipline Committee Decision and the fact of the suspension is to be recorded on the public register of the College;
(c) direct that a summary of the findings and Order of the Discipline Committee be published in the next regular issue of Professionally Speaking/Pour parler profession, including the Member's name as it appears on the public register.
- By this document, the Member acknowledges his understanding that any agreement between the College and the Member with respect to the penalty does not bind the Discipline Committee.
DECISION
Having examined the Exhibits filed, and based on the Plea of No Contest, the Statement of Uncontested Facts and the submissions made by counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Stephan Gillet committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(10), 1(12), 1(13), 1(15), 1(18) et 1(19), as set out in the Notice of Hearing.
REASONS FOR DECISION
The Committee accepted the Member's Plea of No Contest pursuant to Ontario Regulation 437/97, subsections 1(5), 1(10), 1(12), 1(13), 1(15), 1(18) and 1(19).
The Member pleads no contest to the allegations of professional misconduct and acknowledged that his conduct as described in paragraphs 1 through 26 of the Statement of Uncontested Facts, Plea of No Contest and Joint Submission on Penalty (Exhibit 5) constitutes professional misconduct.
The Committee further took into consideration the following facts:
Between the months of December 2006 and September 2007, the Member submitted a number of invoices and accepted reimbursement by the Board in the amount of $8,521.40, for the purchase of teaching and learning materials which have not been located at the School. The Member also submitted an invoice and accepted reimbursement by the Board in the amount of $911.99, for a television which has not been located at the School. The Member submitted a final invoice in the amount of $1,749.65 for teaching and learning materials which have not been located at the School. The Member has not been reimbursed by the Board for this amount.
A representative from Solution Tree's Accounts Receivable department in British Columbia confirmed that the organization had not issued the invoices submitted to the Board for purchases of textbooks.
The ISBN numbers on the invoices submitted by the Member do not correspond to textbooks.
In a letter dated November 28, 2007, the Member undertook to reimburse the Board the amount of $9,433.39 within 24 months. The Board has received no reimbursement of funds from the Member.
The Member's premeditated activities and his Plea of No Contest constitute professional misconduct.
PENALTY DECISION
The Committee accepts the Joint Submission on Penalty and makes the following order as to penalty:
the Discipline Committee directs that the Member is to appear before the Committee immediately following the hearing of this matter to be reprimanded, with the fact of the reprimand to be recorded on the Register;
the College Registrar is directed to suspend the Member's Certificate of Qualification and Registration for a period of one and one-half (1 ½) years from the date of the written Discipline Committee Decision and the fact of the suspension is to be recorded on the public register of the College;
the Discipline Committee directs that a summary of the findings and Order of the Discipline Committee is to be published in the next regular issue of Professionally Speaking/Pour parler profession, including the Member's name as it appears on the public register.
REASONS FOR PENALTY DECISION
In the Committee's estimation, the Member is guilty of very serious misconduct. As principal of a school, he occupied a position of trust and power and he abused his situation and his authority regardless. His premeditated actions between December 2006 and September 2007 constitute a serious abuse of trust and professional misconduct.
In view of the nature of the misconduct, the abuse of public trust and the criminal judgment, the Committee finds that the Joint Submission on Penalty is appropriate. The suspension of the Certificate of Qualification and Registration, and the publication of the nature of the Member's misconduct, will have a dissuasive effect on the profession. The publication of his name will reinforce the message that any member of the profession who abuses public trust in such manner will be brought to the attention of his or her peers and the public. The object of this decision is to reassure the public concerning the transparency of the procedures that are in use.
Furthermore, publication of the name of the Member with a summary of the facts acts as a condemnation of his actions. Publication of the Committee's order acts as a general deterrent to the members of the profession and demonstrates that such conduct constitutes professional misconduct and results in suspension.
The Committee considers that the penalty preserves the reputation of the profession and protects the public interest.
In the Committee's estimation, administration of the reprimand will have a significant deterrent effect on the Member. Because he was not in attendance, the Committee directs the Member to attend before the Committee without delay to receive the reprimand, by 23 February 23, 2012 at the latest.
With respect to publication, the Committee acknowledges the importance of transparency with regard to both the decision and communication with the public. In this case, the summary of this decision will be published to advise members of the profession and the public that such practices are unacceptable.
The Committee is satisfied that the penalty preserves the reputation of the profession, maintains public confidence in the profession and protects the public interest.
Date: February 7, 2012
Robert Gagné Chair, Discipline Panel
Darlene Mead, OCT Member, Discipline Panel
Ruth Ann Penny, OCT Member, Discipline Panel