Ontario College of Teachers v Valentini, 2012 ONOCT 40

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Valentini, 2012 ONOCT 40

Date: 2012-11-30

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

Robert Valentini, OCT, Member of the Ontario College of Teachers.

PANEL: Louis Sloan, OCT, Chair

Christine Bellini, OCT

Pauline Smart

BETWEEN: ) ) Zirka N. Jakibchuk,

) Legal Counsel,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers )

• and – )

) James Cameron,

ROBERT VALENTINI, OCT ) Raven, Cameron, Ballantyne

(CERTIFICATE #171894) ) & Yazbeck, LLP,

) for Robert Valentini

) 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.

Robert Valentini (the “Member”) was not in attendance at the hearing.

A Notice of Hearing dated October 17, 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 17, 2012 are as follows:

IT IS ALLEGED that Robert Valentini 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

1. At all material times, the Member was employed by the Kenora Catholic District School Board (the “Board”) as a Vice-Principal at St. Thomas Aquinas High School (the “School”). The Complainant was a teacher at the School.

2. Between August 2009 and August 2010, the Member rented an apartment (the “Apartment”) to the Complainant.

3. The Complainant moved out of the Member’s rental property in August 2010. Shortly after that, she began a new position at St. Mary’s Academy in Winnipeg.

4. After the Complainant moved out, the Member noticed that some of his personal property appeared to be missing from the Apartment. The Member made several unsuccessful attempts to contact the Complainant about the property.

5. On or about March 7, 2011, the Member sent a letter to the Complainant, in a School envelope, accusing the Complainant of stealing a satellite dish, 8 curtains and 8 curtain rods, at a value of $1,000.00, from his apartment. It was indicated in the letter that a copy of the correspondence was sent to the Ontario Provincial Police and the Ontario Small Claims Court. The Member also sent the letter to the Director, Principal and two Vice-principals at St. Mary’s Academy, where the Complainant was employed at that time.

6. On or about April 5, 2011, the Complainant responded to the Member’s letter denying the allegations and proffering evidence to show that she did not take any of the items identified above from the apartment.

7. On or about April 20, 2011, the Member sent letters to the Complainant as well as to the Director, Principal and two Vice-principals at St. Mary’s Academy apologizing for his actions and retracting his erroneous allegations.

8. The Member admits that in sending the above-mentioned correspondence to the Complainant and others, he acted in an inappropriate and unprofessional manner and failed to maintain the standards of the profession. He regrets his actions and accepts full responsibility for them.

9. By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on October 17, 2012.

10. 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/or the right to a contested hearing.

Joint Submission on Resolution

The Parties agree to resolve the matter as follows:

11. The Parties agree and undertake that upon ratification of this MOA, there shall be no further action taken, no appeal of any or all of the terms of this agreement, and no application for judicial review, providing the terms of this MOA are adhered to.

12. 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.

13. The Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct and shall admonish in writing, with respect to the above particulars.

14. 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.

15. The Member agrees and understands that upon ratification of this MOA, the Public Register maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996, shall include a notation to the effect of:

On November 30, 2012 member found guilty of professional misconduct. Written admonishment. Publication in Professionally Speaking/Pour parler profession.

16. The Member agrees and understands that 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 any other manner the Registrar and Chief Executive Officer deems appropriate. The publication shall include the Member’s name.

17. The Member agrees and understands that upon ratification of this MOA, the College shall make the Decision of the Discipline Committee, including this MOA, available for review by the public on the College’s web site and in any other forum the Registrar and Chief Executive Officer deems appropriate.

18. The Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Discipline Committee Decision and MOA to Quicklaw and/or any other on-line legal database(s).

19. 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.

20. The Member confirms that he understands the nature and effect of this MOA and that he has obtained independent legal advice in this regard.

21. The Member agrees and understands that, in the event he breaches a term of this MOA, he is estopped from alleging, by way of defence, that the College failed to investigate or dispose of the complaint in a timely manner with respect to the period between the resolution of the complaint and the date on which the College became aware of such a breach.

22. The Member agrees and understands that, in the event he breaches a term of this MOA, the College may conduct a full investigation or hearing into the breach as permitted under the Ontario College of Teachers Act, 1996.

23. The Member agrees and understands that, in the event he breaches a term of this MOA, the College may provide the Investigation, Executive, Discipline, or Fitness to Practise Committee with all the information necessary to fulfil its statutory mandate.

24. The Parties agree that a signed telefax or other facsimile copy of this MOA shall have the same force and effect as the original of this document.

25. The Parties agree that this MOA may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same 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 and Counsel for the Member, 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 Robert Valentini 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)

The Member sent a letter to a former colleague accusing her of theft of articles from an apartment that she had rented from him. Subsequently the Member sent a copy of this letter to the Ontario Provincial Police, the Ontario Small Claims Court and to his colleague’s Director, Principal and two Vice-Principals at her new place of employment, St. Mary’s Academy. The Member admitted that in sending this correspondence he acted in an inappropriate and unprofessional manner and failed to maintain the standards of the profession. The Committee agrees that these actions constitute 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:

1. The Member is to be admonished in writing by the Committee following the hearing of this matter and the fact of the admonishment is to be recorded on the Register of the Ontario College of Teachers.

2. 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

Both counsel requested that, given the nature of the misconduct, the Member be admonished in writing rather than appear in person before the Committee. They noted that the Member’s conduct was at the low end of the spectrum and did not involve students. The Member resides in Dryden, approximately 2,000 kilometers from Toronto and appearing in person before the Committee would cause an undue burden. The Member regrets his actions, took immediate steps to resolve the issue and admitted he acted in an unprofessional manner. Counsel for the Member advised the Committee that the Member had been teaching for 32 years without any previous discipline history and plans to retire at the end of 2012. For all of these reasons, the Committee determined that a written admonishment was appropriate in the circumstances.

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.

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