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 Ondricko, OCT, Member of the Ontario College of Teachers.
PANEL: Louis Sloan, OCT, Chair
Christine Bellini, OCT
Pauline Smart
BETWEEN: ) ) Martin Zatovkanuk,
) Legal Counsel,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers )
- and – )
) Robyn White,
JOHN ONDRICKO, OCT ) Cavalluzzo Hayes Shilton McIntyre
(CERTIFICATE #393128) ) & Cornish, LLP,
) for John Ondricko
) Marc Spector,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: November 30, 2012
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 30, 2012 at the Ontario College of Teachers (the “College”) at Toronto.
John Ondricko (the “Member”) was not in attendance at the hearing, nor was his counsel present.
A Notice of Hearing dated October 25, 2012 was served on the Member, requesting attendance before the Discipline Committee of the Ontario College of Teachers on November 8, 2012 to set a date for a hearing and specifying the charges. The hearing was subsequently set for November 30, 2012.
THE ALLEGATIONS
The allegations in the Notice of Hearing (Exhibit 1), dated October 25, 2012 are as follows:
IT IS ALLEGED that John Ondricko 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 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
(c)he engaged in a conduct unbecoming of a member, contrary to Ontario Regulation 437/97, subsection 1(19).
MEMORANDUM OF AGREEMENT
Counsel for the College advised the Committee that subject to ratification by the Committee, agreement had been reached on the facts and introduced a Memorandum of
Agreement (“MOA”), (Exhibit 3) which provides as follows:
Agreed Statement of Facts
On March 28, 2011, the College received a letter of notification, dated March 3, 2011, from the Greater Essex County District School Board (the “Board”) regarding John Ondricko, a Grade 7 teacher at Belle River Public School (the “School”) with the Board, pursuant to its obligation under section 43.2 of the Ontario College of Teachers Act, 1996.
John Ondricko is a member of the College in good standing.
According to the Board’s documentation, the Member’s teaching methods and content of his Grade 7 Health class went beyond the curriculum. As a result, the Member was informed that he would not be teaching the Health curriculum until the end of the 2012-2013 school year.
The Member states that he employed slang terminology in very limited circumstances in Health class and that these circumstances were solely for the purpose of explaining the correct terminology to students. The Member states that he also responded to various questions from students on sexual education topics. The Member acknowledges that at times this went outside of the Health curriculum; however, the Member states that his intention at all times was to attempt to demystify sexual education for the students and to attempt to resolve the students' misperceptions and inaccuracies.
During interviews with the Member’s students, the Board found that:
10 students indicated that the Member used the term “kuif – pussy fart”;
six students said the Member talked about different types of sex positions;
six students reported the Member used nicknames for body parts/privates, including black hole, Mr. Smiley, cock, balls, and dick;
five students stated that the Member used the phrase “pop a cherry”;
five students said that the Member used the expression “blow job”;
three students indicated that the Member used the expression “69”;
one student reported the Member having said that a blow-up doll can be purchased by unattractive men;
one student reported the Member having said, “What happens in health class stays in health class”; and
11 of the 16 students indicated to School administration that the Member answered all questions a Suggestion/Question Box which was available in the classroom, while 15 students reported having felt uncomfortable with the words/phrases used by the Member.
The Member also referred to the School custodian as “the Afro-American janitor” on one occasion.
The Member states that he did not intend for any negative connotation or racism to be perceived from his statement and that he was merely trying to distinguish between the two custodians at the school, to direct a student to the proper custodian. The Member states that the black custodian was a new employee, and that he did not know his name at the time.
The Member referred to black people as "coloured people" on one occasion during a History lesson. The Member states that the class was studying the history of slavery in Canada, that the word "coloured" arose in the textbook and that the Member explained the terminology to the students. The Member states that he did not intend for any negative connotation or racism to be perceived from his statement.
On March 3, 2011, the School Board met with the Member to inform him that some of his teaching methods and some subject content related to teaching Health was considered inappropriate by the School Board and that he would not be returning to his previous teaching assignment and that he was restricted from teaching Health until June 2012. The School Board explained that a mentor would also be assigned to the Member for at least four months and the Member was advised that effective March 7, 2011, he would be reassigned to another school and in September 2011, he would be reassigned a teaching position. On March 11, 2011, the Member was issued a disciplinary letter setting out the details and resolutions from the March 3rd meeting.
By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on October 25, 2012, and in so doing, accepts as true the particulars set out in this section of the MOA.
The Member voluntarily admits the above particulars and understands that by doing so, he is waiving the right to require the College to prove the case against him and the right to a contested hearing.
Joint Submission on Resolution
The parties agree to resolve the matter as follows:
The Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct, and shall reprimand the Member, in person.
The Member agrees and understands that, within 90 calendar days of ratification of this MOA he shall successfully complete a course of instruction pre-approved by the Registrar, covering maintaining appropriate teacher/student boundaries.
The Member agrees and undertakes that, within 30 calendar days of completion of the above-noted course, the Registrar be provided with a written report by the course practitioner(s) confirming successful completion of the course of instruction.
The Member agrees and understands that upon ratification of this MOA, a notation will be placed on the public register maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996.
The Member agrees and understands that upon ratification of this MOA, the College shall publish his name with a summary of the complaint and its resolution as contained in this MOA. Such publication shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College web site, and in such other manner as deemed appropriate by the Registrar.
The Member agrees and understands that upon ratification of this MOA, the College will maintain a copy of the Reasons for Decision, Decision and Order of the Discipline Committee, including this MOA, on the College’s website. The Decision and Reasons will be available for review by the public.
The Member agrees and understands that upon ratification of this MOA, the College shall submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw, an online legal database.
The Member agrees and understands that for the purpose of considering this matter, the Discipline Committee will be provided with this MOA and the Notice of Hearing, which will be marked as Exhibits and will constitute the evidence upon which the guilty plea will be accepted, the finding of guilt will be made, and the penalty will be imposed.
The parties agree and understand that if any phrase or paragraph of this MOA is deemed null and void, the MOA shall be read as though the phrase or paragraph was stricken from the MOA and the amended MOA shall remain in force and effect.
The Member agrees and understands that this MOA is the entire agreement between him and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MOA.
The parties agree and undertake that upon ratification of this MOA, there shall be no further action taken, no appeal to any forum, and no application for judicial review of the terms of the MOA.
Each party may sign a separate copy of this MOA which, when so signed and delivered, shall be an original copy even though not signed by the other parties. All such separately signed copies shall together constitute evidence of all parties’ consent to be bound by this agreement.
DECISION
Having examined the Exhibits filed, and based on the Memorandum of Agreement, the guilty plea, and the submissions made by Counsel for the College, the Committee ratifies the Memorandum of Agreement. The Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that John Ondricko committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(18) and 1(19).
REASONS FOR DECISION
The Committee accepts the Member’s guilty plea and the agreed facts contained in the Memorandum of Agreement. (Exhibit 3)
During the 2010-2011 school year, the Member used slang terminology and made inappropriate comments and expressions in his Grade 7 Health class. The Member was informed by the Board that some of his teaching methods and some subject content related to teaching Health was inappropriate and went beyond the curriculum. The Member was restricted from teaching Health until June 2012 and was subsequently issued a disciplinary letter with respect to this conduct.
The Member also referred to the School custodian as “the Afro-American janitor” on one occasion and referred to black people as “coloured people” on one occasion during a History lesson. The Member states that he did not intend for any negative connotation or racism to be perceived from this statement.
The Committee finds that the Member’s actions amount to professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(18) and 1(19).
PENALTY DECISION
The Committee accepts the Joint Submission on Resolution and makes the following order:
- The Member is to be reprimanded by the Committee following the hearing of this matter and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers.
- The Registrar is directed to impose the following terms, conditions and limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register until such time as they are fulfilled:
i. within 90 calendar days of November 30, 2012, the Member shall successfully complete a course of instruction pre-approved by the Registrar, covering maintaining appropriate teacher/student boundaries; and
ii. within 30 calendar days of completion of the above-noted course, the Registrar is to be provided with a written report by the course practitioner(s) confirming successful completion of the course of instruction.
- Pursuant to subsection 30 (5) (3) of the Ontario College of Teachers Act, the findings and order of the Committee shall be published in summary, with the name of the Member in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Committee accepted the joint submission on resolution which included publishing the findings in the official publication of the College, Professionally Speaking/Pour parler profession with the name of the Member.
The Committee determined that the reprimand was appropriate to remind the Member of his professional responsibilities and the need to maintain appropriate boundaries in order to uphold the standards of the profession. Further, the fact of the reprimand will appear on the Public Register of the College.
The course of instruction in maintaining appropriate student/teacher boundaries will assist the Member in recognizing the importance of maintaining professional conduct at all times. The educative nature of the boundaries course should ensure that the Member does not repeat this behaviour and the course will reinforce to the public that the College treats matters of this type very seriously.
Publication of the decision responds to the need for transparency and accountability and will serve the public interest as well as inform the profession. Publication of the findings and order, with the name of the Member, provides a specific deterrent to the Member and a general deterrent to the profession from engaging in similar behaviour.
The Committee is satisfied that this decision is appropriate in the circumstances and serves and protects the public interest.
Date: November 30, 2012
Louis Sloan, OCT
Chair, Discipline Panel
______________________________ Christine Bellini, OCT
Member, Discipline Panel ______________________________
Pauline Smart
Member, Discipline Panel