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
Stephen Michael Lane, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Alexander (Sandy) Bass, OCT
Wes Vickers, OCT
BETWEEN: ) Shane D’Souza,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Litigation Paraprofessional on
- and – ) October 10, 2012 and Bev Hodsdon,
) Law Clerk
) on November 9, 2012
STEPHEN MICHAEL LANE ) Stephen Michael Lane
(CERTIFICATE #313409) ) was not present or represented
) Marc Spector on October 10, 2012
) Rebecca Durcan on November 9, 2012
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: October 10, 2012 and
) November 9, 2012
DECISION, REASONS FOR DECISION AND ORDERS
This matter commenced before a panel of the Discipline Committee (the “Committee”) on October 10, 2012 at the Ontario College of Teachers (“the College”) at Toronto.
A Notice of Hearing, dated November 30, 2010 was served on Stephen Michael Lane, requesting his presence on January 17, 2011 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for October 10, 2012.
Stephen Michael Lane was not in attendance.
THE ALLEGATIONS
The allegations against Stephen Michael Lane in the Notice of Hearing, (Exhibit 1) dated November 30, 2010 are as follows:
IT IS ALLEGED that Stephen Michael Lane is guilty of professional misconduct as defined in section 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 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 students 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).
PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS:
In or about April 2010, the Member was in possession of child pornography in that he had on his home computer numerous images of young boys and girls between the ages of 3 and 15.
On or about 20 April 2010, the Member was charged by the Toronto Police Service that he sometime between and including the 6th day of April in the year 2010 and the 7th day of April in the year 2010 in the City of Toronto, in the Toronto Region did have in his possession child pornography contrary to Section 163.1, subsection (4) of the Criminal Code (Canada).
The charge referred to in paragraph 2 above is presently before the court.
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides as follows:
AGREED STATEMENT OF FACTS
Stephen Michael Lane (the “Member”) was at all material times, a member of the Ontario College of Teachers. Attached to Exhibit 2 and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.
According to the Toronto Police Service News Release, the Member is the founder and the former president of the Weston Baseball Association and he also coached numerous teams of children aged 4-18. Attached to Exhibit 2 and marked as “Exhibit “B” is the Toronto Police Service News Release dated April 20, 2010.
The Weston Baseball Association is a local baseball league for boys and girls with ages ranging from 4-15 as well as older players with ages ranging from 16-21.
The Member has not taught in any private or public school since 1972.
In or about April 2010, the Member was in possession of child pornography in that he had on his home computer numerous images of young boys and girls between the ages of 3 and 15.
On or about April 20, 2010, the Member was charged by the Toronto Police Service that he sometime between and including April 6, 2010 and April 7, 2010 in the City of Toronto, in the Toronto Region did have in his possession child pornography contrary to Section 163.1, subsection (4) of the Criminal Code (Canada). Attached to Exhibit 2 and marked as Exhibit “C” and Exhibit “D” respectively is a copy of the Information dated April 20, 2010 and a copy of the Supplementary Record of Arrest dated April 19, 2010.
The Member has pleaded guilty to the charge referred to in paragraph 6 above.
The Member is awaiting sentencing proceedings to take place.
During the course of the hearing, an issue arose with respect to the Member’s plea before the Committee. In the section entitled “Guilty Plea” contained within Exhibit 3, paragraph 12 indicated that the Member was providing a plea of No Contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee. The Committee was concerned regarding clarity of the Member’s plea. On October 10, 2012, the Committee rendered the following oral Decision:
“Having considered the submissions of College Counsel and the advice of Independent Legal Counsel, the Committee has decided that the most appropriate course of action given all of the circumstances would be to adjourn the Hearing to allow for College counsel to make an attempt to contact the Member to verify the Member’s intention with regard to his plea before the Committee.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 10, 2012 at the Ontario College of Teachers (“the College”) at Toronto. College Counsel submitted that the matter before the Committee was quite serious in nature. The allegations outlined in the Notice of Hearing (Exhibit 1) include that the Member was in possession of child pornography. The Committee agrees that given the serious nature of the allegations, this matter should proceed as soon as practicable. The Committee reviewed the notation on the Member’s Certificate of Qualification contained within (Exhibit 3, Tab A), which indicates that the Member agreed and undertook not to teach, or to seek or to engage in any employment for which a Certificate of Qualification and Registration is required, until the College disposes of the complaint made against him. In the interest of transparency and with a view to protecting the interests of the public, the Committee is satisfied that the public is protected until this matter is resolved.”
A continuation date of November 9, 2012 was scheduled for the matter to allow Counsel for the College to contact the Member.
The hearing reconvened on November 9, 2012. Counsel for the College provided the Committee with a new Agreed Statement of Facts and Guilty Plea dated October 26, 2012 (Exhibit 4). The Agreed Statement of Facts remained unaltered. The Guilty Plea located on page 2 of Exhibit 4 provided clarification as follows:
GUILTY PLEA
By this document, the Member admitted, for the purposes of this proceeding only, the truth of the facts and the exhibits referred to in paragraphs 1 to 8 above (the “Admitted Facts”).
The Member hereby acknowledged that the Admitted Facts referred to in paragraphs 5 to 7 above, constituted conduct which is professional misconduct, and admitted 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 stated that:
(a) he understood fully the nature of the allegations against him;
(b) he understood that by signing this document he was consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understood that by pleading guilty to the allegations, he was waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he understood 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 understood 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 understood and acknowledged that he was executing this Agreement voluntarily, unequivocally, and without the advice of legal counsel.
In light of the admitted 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 Stephen Michael Lane 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 Committee accepts that the Member admitted for the purposes of this proceeding, the truth of the facts. The facts are that in or about April 2010, the Member was in possession of child pornography in that he had on his home computer numerous images of young boys and girls between the ages of 3 of 15. On or about April 20, 2010, the Member was charged by the Toronto Police Service that he sometime between and including April 6, 2010 and April 7, 2010, did have in his possession child pornography, contrary to section 163.1, subsection 4 of the Criminal Code (Canada). The Member pleaded guilty to this charge.
At the hearing before the Committee, the Member acknowledged that the admitted facts constitute conduct which is professional misconduct. In light of the admitted facts and circumstances, the Committee finds the Member guilty of professional misconduct.
JOINT SUBMISSION ON PENALTY
Counsel for the College and the Member jointly submitted that the appropriate penalty to be imposed by the Discipline Committee in this matter should be that the Committee direct the Registrar to revoke the Certificate of Qualification and Registration of the Member and 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:
a) the Registrar of the Ontario College of Teachers is directed to revoke the Certificate of Qualification and Registration of the Member;
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.
REASONS FOR PENALTY DECISION
Possession of child pornography is a crime against children and perpetuates a market which thrives on the abuse of children. This conduct is morally reprehensible and the Member should not be in a position of trust. Possession of child pornography is one of the most serious offenses which should result in the most serious of consequences. Revocation acts as both a specific and general deterrent as it informs the Member, the profession and the general public that possession of child pornography is not tolerated and will result in the harshest of penalties - Revocation and Publication with name.
The Committee is prepared to act quickly and decisively when serious allegations of this nature are proven.
As this was a Joint Submission on Penalty, the Member has agreed to all terms of penalty.
The Committee is satisfied that the penalty serves the public interest, informs the profession and maintains the standards of the teaching profession.
Date: November 9, 2012
John Tucker, Chair
Chair, Discipline Panel
Alexander (Sandy) Bass, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel