DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Gresel, 2012 ONOCT 16
Date: 2012-11-01
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
Jason Gresel, OCT, a member of the Ontario College of Teachers.
PANEL: Danny Anckle, Chair Irene Dembek, OCT
Vicki Shannon, OCT
BETWEEN: )
) Caroline Zayid,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Bev Hodsdon,
) Law Clerk
- and - )
) Kate Hughes,
JASON GRESEL ) Cavalluzzo Hayes Shilton
(CERTIFICATE #523259) ) McIntyre & Cornish LLP
) for Jason Gresel
) Marc Spector,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: October 15, 2012
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated June 27, 2011.
The Member, Jason Gresel was not in attendance.
THE ALLEGATIONS
The allegations against Jason Gresel in the Notice of Hearing, (Exhibit 1) dated June 27, 2011 are as follows:
IT IS ALLEGED that Jason Paul Gresel is guilty of professional misconduct as defined in subsection 30(2) and subsection 40(1.1) 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 abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) he abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3);
(e) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) thereof or the Regulations made under those Acts, 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);
(g) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19); and
(h) he engaged in sexual abuse of a student or students of a nature defined in sections 1 and 40(1.1) of the Act.
Counsel for the College advised and the Member’s counsel concurred that it would be unlikely that there would be a finding of professional misconduct if the matter was to proceed to a hearing.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Jason Gresel set out in the Notice of Hearing dated June 27, 2011 in exchange for the Undertaking and Acknowledgement of the Member as follows:
The Member will immediately following the withdrawal of the Notice of Hearing, resign as a member of the Ontario College of Teachers.
The Member undertakes that he will not seek reinstatement of his Certificate of Qualification and Registration for a period of at least five (5) years commencing from the date of the hearing of this matter and will not teach in any public or private school in Ontario during that time.
The Member acknowledges that the withdrawal of the Notice of Hearing is in exchange for his resignation and undertaking, and understands that if he breaches any aspect of the Undertaking and Acknowledgment, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges and understands that the Public Register of the Ontario College of Teachers will reflect the fact that the status of his Certificate of Qualification and Registration will be “Resigned-Cancelled” and the notation will read as follows:
“On October 15, 2012, the Member resigned his membership with the Ontario College of Teachers and has undertaken not to reapply for at least a period of five (5) years. The Member resigned his membership while a disciplinary proceeding was pending”.
Independent legal counsel advised the Committee that it had jurisdiction to make the order requested pursuant to Rule 13(13) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
The Committee concludes that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment in these circumstances is reasonable. Publication of the terms of the Member’s Undertaking on the Public Register serves and protects the public interest.
Date: November 1, 2012
Danny Anckle
Chair, Discipline Panel ________________________________
Irene Dembek, OCT
Member, Discipline Panel
Vicki Shannon, OCT
Member, Discipline Panel