DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Medugno, 2012 ONOCT 26
Date: 2012-05-11
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
Italo Medugno, a member of the Ontario College of Teachers.
PANEL: Danny Anckle, Chair Irene Dembek, OCT
Robert Ryan, OCT
BETWEEN: )
) Eric Block,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Bev Hodsdon,
) Litigation Paraprofessional
- and - )
) Howard Goldblatt,
ITALO MEDUGNO ) Sack Goldblatt Mitchell LLP,
(CERTIFICATE #104352) ) for Italo Medugno
) Julie Maciura,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: April 3, 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 February 11, 2010.
The Member, Italo Medugno was in attendance.
College counsel 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 Italo Medugno set out in the Notice of Hearing dated February 11, 2010 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 his membership in the Ontario College of Teachers and will immediately surrender his original Certificate of Qualification and Registration to the Registrar of the Ontario College of Teachers, or alternatively provide an affidavit to the Registrar outlining the efforts he has undertaken to locate it.
The Member undertakes that he will never teach again in any position which requires membership in the Ontario College of Teachers or seek to engage in any employment where a Certificate of Qualification and Registration is required.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
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 understands that the Public Register of the College will reflect the fact that:
(a) he resigned while he was the subject of disciplinary proceedings by the College;
(b) his certificate has been cancelled;
(c) he undertakes that he will never teach again in any position which requires membership in the Ontario College of Teachers or seek to engage in any employment where a certificate of qualification and registration is required; and
(d) he will never seek reinstatement of his Certificate of Qualification and Registration.
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: May 11, 2012
Danny Anckle
Chair, Discipline Panel ________________________________
Irene Dembek, OCT
Member, Discipline Panel
Robert Ryan, OCT
Member, Discipline Panel