DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Calota, 2012 ONOCT 6
Date: 2012-12-05
IN THE MATTER OF the Ontario College of Teachers Act, 1996 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against
Ana Gabriela Calota, OCT, a member of the Ontario College of Teachers.
PANEL: Alexander (Sandy) Bass, OCT, Chair Irene Dembek, OCT
John Tucker
BETWEEN: )
) Eli Mogil,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Daniela De Bartolo,
) Litigation Paraprofessional
- and - )
) Katie Rowen,
ANA GABRIELA CALOTA ) Ursel Phillips Fellows
(CERTIFICATE #520085) ) Hopkinson LLP
) for Ana Gabriela Calota
) Julie Maciura,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: November 21, 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 September 30, 2010.
Ana Gabriela Calota (“the Member”) was not in attendance.
THE ALLEGATIONS
The allegations against Ana Gabriela Calota in the Notice of Hearing, (Exhibit 1) dated September 30, 2010 are as follows:
IT IS ALLEGED that Ana Gabriela Calota is guilty of professional misconduct as defined in sections 30(2) and 40(1.1) of the Act in that:
(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(c) she abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3);
(d) she failed to supervise adequately a person who is under her professional supervision, contrary to Ontario Regulation 437/97, subsection 1(11);
(e) she 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);
(f) she 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) she engaged in conduct unbecoming a member contrary to Ontario Regulation 437/97, subsection 1(19); and
(h) she engaged in sexual abuse of a student or students of the 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 Ana Gabriela Calota set out in the Notice of Hearing dated September 30, 2010 in exchange for the Undertaking and Acknowledgement of the Member as set out below:
The Member undertakes to immediately resign as a member of the Ontario College of Teachers and surrender for cancellation her Certificate of Qualification and Registration.
The Member undertakes to not seek reinstatement of her Certificate of Qualification and Registration and will not teach again in any public or private school in Ontario.
The Member acknowledges and understands that the Public Register of the Ontario College of Teachers will reflect the fact that:
(a) the Member resigned while she was the subject of disciplinary proceedings by the College;
(b) the Member’s Certificate of Qualification and Registration has been cancelled;
(c) the Member undertakes that she will never teach again in any public or private school in Ontario; and
(d) the Member will never seek reinstatement of her Certificate of Qualification and Registration.
The Member acknowledges that a breach of any aspect of the Undertaking and Acknowledgement constitutes professional misconduct.
The Member acknowledges that she executed this Undertaking and Acknowledgment voluntarily, unequivocally and with the advice of legal counsel.
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.
Dated: December 5, 2012
Alexander (Sandy) Bass, OCT
Chair, Discipline Panel ________________________________
Irene Dembek, OCT
Member, Discipline Panel
John Tucker
Member, Discipline Panel