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 Daniel Montpellier, OCT, Member of the Ontario College of Teachers.
PANEL: John Tucker, Chair
Wes Vickers, OCT
Hanno Weinberger, OCT
BETWEEN: ) ) Martin Zatovkanuk,
) Legal Counsel,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers )
- and – )
) Jerry Raso,
JOHN DANIEL MONTPELLIER ) Ontario English Catholic Teachers’
(CERTIFICATE #598763) ) Association,
) for John Daniel Montpellier
) Marc Spector,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: June 13, 2013
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 13, 2013 at the Ontario College of Teachers (the “College”) at Toronto.
John Daniel Montpellier (the “Member”) was in attendance at the hearing.
A Notice of Hearing dated March 5, 2013 was served on the Member, requesting attendance before the Discipline Committee of the Ontario College of Teachers on March 18, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for June 13, 2013.
THE ALLEGATIONS
The allegations in the Notice of Hearing (Exhibit 1), dated March 5, 2013 are as follows:
IT IS ALLEGED that John Daniel Montpellier 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 abused a student, or students, physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(d) 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);
(e) he engaged in conduct unbecoming 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
The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.
At all material times, the Member was employed by the Sudbury Catholic District School Board (the “Board”) as a probationary teacher at [XXX] School (the “School”) in [XXX], Ontario.
John Daniel Montpellier is a member of the College in good standing.
According to Student No. 2, on December 1, 2011 the Member dragged him across the classroom floor, and then shook him by both ankles when he grabbed on to a door frame.
According to Student No. 1, on November 20, 2011 the Member stood in front of Student No. 1 with a stick in one hand. He then placed his hand with the stick behind his back in such a way as to indicate he was about to hit student Student No. 1 with the stick.
The Member admits grabbing student Student No. 2 by the ankles but denies shaking him.
The Sudbury Children’s Aid Society (“CAS”) conducted an investigation which substantiated that the Member grabbed Student No. 2 on December 1, 2011 by one or both ankles and dragged him across the classroom floor in front of other students. The CAS also substantiated that the Member shook Student No. 2 by one or both ankles as the student was holding on to a doorframe.
On February 14, 2012, the Board advised the College in writing that the Member had been dismissed for cause.
The CAS notified the Greater Sudbury Police Service of these events and the Member was charged with three counts of assault. The charges were withdrawn on April 17, 2012 and the matter was resolved with a peace bond.
The Member is not working in the teaching profession at this time.
By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on March 5, 2013.
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 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.
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 that was stricken from the MOA and the amended MOA shall remain in force and effect.
The Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct and that he shall be reprimanded.
The Member shall appear before the Committee immediately following the hearing of this matter to receive a reprimand, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers. The reprimand shall be delivered at the offices of the College located at 101 Bloor Street West, Toronto, Ontario.
The Member agrees and undertakes, prior to seeking or engaging in employment where a certificate of qualification and registration is required, to successfully complete, at his own expense, a course of instruction, pre-approved by the Registrar, covering classroom management.
The Member agrees and undertakes to provide the Registrar with written confirmation of his successful completion of this course, prepared by the course practitioner, within 30 calendar days of completion.
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 Member agrees and understands that upon ratification of this MOA, a notation shall be placed on the Public Register, maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. This information will also be contained on the Certificate of Qualification and Registration, and Statement of Professional Standing. There may be amendments made to these documents and the Public Register to reflect this agreement between the Parties, including amendments to the Member’s Status, Status History and Terms, Conditions and Limitations.
The Member agrees and understands that the College shall publish 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 deems appropriate. The publication shall include the Member’s name.
The Member agrees and understands that upon ratification of this MOA, the College shall make the Decision and Reasons of the Discipline Committee available for review by the public in the College’s Margaret Wilson Library, on the College’s website and in any other forum the Registrar deems appropriate.
The Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw and/or any other on-line legal database.
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.
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 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 John Daniel Montpellier committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(15), 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 Committee accepts that on or about December 1, 2011, the Member physically abused a Student as substantiated by the CAS. The Member grabbed Student No. 2 by one or both ankles and dragged him across the classroom floor in front of other students and shook Student No. 2 by one or both ankles as the student was holding onto a doorframe.
Student No. 1 alleged that on November 20, 2011, the Member stood in front of him with a stick in one hand, then placed his hand with the stick behind his back in such a way as to indicate he was about to hit Student No. 1 with the stick.
The Member was charged with three counts of assault. The charges were withdrawn on April 17, 2012 and the matter was resolved by a peace bond.
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(7.1), 1(15), 1(18) and 1(19).
PENALTY DECISION
The Committee accepts the Joint Submission on Resolution and makes the following order:
The Member is to appear before the Committee immediately following the hearing of this matter to receive a reprimand, 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 term, condition or limitation on the Member’s Certificate of Qualification and Registration, the fact of such term, condition or limitation to be recorded on the Register of the College until such time as it is fulfilled:
(i) prior to seeking or engaging in employment where a certificate of qualification and registration is required, the Member is to complete, at his own expense, a course of instruction, pre-approved by the Registrar, covering classroom management, and provide the Registrar with written confirmation of his successful completion of this course, prepared by the course practitioner, within 30 calendar days of completion.
- Pursuant to paragraph 3 of subsection 5 of section 30 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 and Order in the official publication of the College, Professionally Speaking/Pour parler profession with the name of the Member.
The Member physically abused a student, while employed as a probationary teacher. The reprimand will remind the Member of his responsibilities to ensure the welfare of his students and reinforce the standard of the profession prohibiting teachers from using physical force with students. The course in classroom management will rehabilitate the Member and provide strategies for successfully dealing with students.
Publication of the findings and order, with the Member’s name, responds to the need for transparency and accountability and serves the public interest, as well as informing the profession. Publication, with the Member’s name, acts as a specific deterrent to the Member and as a general deterrent to the profession from engaging in similar misconduct.
The Committee is satisfied that this decision is appropriate in the circumstances and serves and protects the public interest.
Date: June 13, 2013
John Tucker
Chair, Discipline Panel
______________________________ Wes Vickers, OCT
Member, Discipline Panel ______________________________
Hanno Weinberger, OCT
Member, Discipline Panel