Ontario College of Teachers v. Callaghan, 2013 ONOCT 11

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Callaghan 2013 ONOCT 11

Date: 2013-04-29

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

Peter James Callaghan, OCT, a member of the Ontario College of Teachers.

PANEL: Mel Greif, Chair Irene Dembek, OCT John Tucker

BETWEEN:

ONTARIO COLLEGE OF TEACHERS Caroline Zayid, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Litigation Paraprofessional

• and –

PETER JAMES CALLAGHAN (CERTIFICATE #143472) Jerry Raso, Ontario English Catholic Teachers’ Association, for Peter James Callaghan

Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel

Heard April 29, 2013

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on before a panel of the Discipline Committee (the “Committee”) on April 29, 2013 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing, dated September 11, 2012 was served on Peter James Callaghan, requesting his presence on September 25, 2012 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for April 29, 2013.

Peter James Callaghan was in attendance.

THE ALLEGATIONS

The allegations against Peter James Callaghan in the Notice of Hearing, (Exhibit 1) dated June September 11, 2012 are as follows:

IT IS ALLEGED that Peter James Callaghan is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act (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 signed or issued, in his professional capacity, a document that he knew or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);

(c) he falsified a record relating to his professional responsibilities, contrary to Ontario Regulation 437/97, subsection 1(13);

(d) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264 thereof or the Regulations made under those Acts, contrary to Ontario Regulation 437/97, subsection (15);

(e) 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

(f) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).

Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides as follows:

AGREED STATEMENT OF FACTS

1. Peter James Callaghan (the “Member”) was at all material times, a member of the Ontario College of Teachers. Attached to Exhibit 2, Tab “A” is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.

2. The Member was employed by the Catholic District School Board of Eastern Ontario from September 1, 2003 until November 17, 2009, when he was dismissed. During his employment the Member taught at St. Joseph’s Secondary School in Cornwall, Ontario (the “Cornwall School”).

3. Prior to the commencement of the school term in September 2011, the Member applied for a teaching position at Mount Saint Agnes Academy, in Hamilton Bermuda (“MSA”), and submitted to the Principal of MSA, his application. He later provided on November 11, 2011 an undated letter bearing the name, motto and address of the Cornwall School, as a letter of reference. That letter bore a signature purporting to be that of the Principal of that school. Attached to Exhibit 2, Tab “B” is the Member’s application which includes the letter.

4. In or around September 2011, the Member was hired by MSA on a three (3) month temporary contract and was given a temporary work permit by the government of Bermuda. Attached to Exhibit 2, Tab “C” is the MSA Quarterly Newsletter which references the Member as a new hire.

5. The Assistant Principal of MSA contacted the Principal of the Cornwall School to inquire about the Member because of the letter that was included in the Member’s application. Attached to Exhibit 2, Tab “D” is the e-mail communication from the MSA Assistant Principal to the Principal of the Cornwall School.

6. The Principal of the Cornwall School called MSA and spoke to the Assistant Principal and an administrative assistant. He told them that he did not write the Member a reference letter. Attached to Exhibit 2, Tab “E” are the notes of the administrative assistant with respect to the conversation dated November 18, 2011 and an e-mail exchange between the administrative assistant and the Principal of the Cornwall School dated November 18, 2011.

7. The reference letter was not prepared nor signed by the Principal of the Cornwall School.

8. A copy of the letterhead of the Cornwall School that was in use during 2011 and the actual copy of the signature of the Principal of the Cornwall School is attached to Exhibit 2, Tab “F”.

9. As a result of the forged letter, the Member’s contract was cancelled by MSA.

10. By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and exhibits referred to in paragraphs 1 to 9 above (the “Admitted Facts”).

GUILTY PLEA

11. The Member hereby acknowledges that the Admitted Facts referred to in paragraph 3, 6, 7, 8 and 9 above constitutes conduct which is professional misconduct and admits the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(12), 1(13), 1(15), 1(18), and 1(19).

12. By this document the Member states that:

(a) he understands fully the nature of the allegations against him;

(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;

(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;

(d) he understands that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;

(e) he understands that any agreement between his counsel and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;

(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.

12. In light of the admitted facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

DECISION

Having considered the evidence, onus and standard of proof, and the submissions made by Counsel for the College and Counsel for the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Peter James Callaghan committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(12), 1(13), 1(15), 1(18) and 1(19).

REASONS FOR DECISION

The Member acknowledged that the Admitted Facts referred to in paragraphs 3, 6, 7, 8 and 9 above constitute conduct which is professional misconduct. The Member admitted the allegations of professional misconduct against him. The Committee accepted the Member’s guilty plea and the facts in the Agreed Statement of Facts and Guilty Plea.

The Member applied for a new teaching position in Bermuda. As part of his application for the position, the Member provided an undated letter of reference. The Member was successful in his pursuit of the position. Subsequently and upon investigation, it was determined that the letter of reference, which bore the letterhead, name and signature of the Member’s former employer, was forged. As a result of this fraudulent behaviour, the Member was dismissed from his newly found position.

By his actions, the Committee finds that Peter James Callaghan committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(12), 1(13), 1(15), 1(18) and 1(19).

JOINT SUBMISSION ON PENALTY

Through a Joint Submission on Penalty (Exhibit 3), Counsel for the College and Counsel for the Member jointly submitted that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:

1. (a) directs that the Member 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 “Register”);

(b) directs the Registrar to suspend the Certificate of Qualification and Registration of the Member for a period of two (2) months commencing on the date of the Order of the Discipline Committee relating to this matter and the fact of the suspension is to be recorded on the Register;

2. directs the Registrar 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) the Member shall enrol in and successfully complete, at his own expense, a course of instruction pre-approved by the Registrar regarding ethics;

(ii) within thirty (30) days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:

A. he or she has reviewed a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee; and

B. the Member has successfully completed the course.

3. directs that there be publication of the findings and Order of the Committee in summary form in the official publication of the College, Professionally Speaking/Pour parler profession.

SUBMISSIONS RE: PUBLICATION

Counsel for the parties agreed that the findings and order of the Committee should be published in summary form in the official publication of the College Professionally Speaking/Pour parler profession. The parties had not agreed on whether or not the Member’s name should be published and made submissions on that issue.

Counsel for the College argued that the Member’s name should be published. She submitted that the proposed penalty serves as both a specific and general deterrent, provides for remediation of the Member and the protection of the public. College Counsel submitted that the Member’s name should be published to protect the integrity of the profession. The Member’s action in falsifying information serves to undermine public confidence in the profession. This is a serious breach of trust by the Member and warrants publication of his name.

Counsel for the Member argued that the matter is appropriate to warrant publication without the Member’s name in Professionally Speaking/Pour parler profession. Counsel for the Member submitted that the penalty agreed to was severe enough and that the public interest would be served without publication of the Member’s name. Counsel submitted that the Member had learned his lesson, accepted responsibility for his actions and recognized the seriousness of his error through the Agreed Statement of Facts and guilty plea.

PENALTY DECISION

The Committee makes the following order as to penalty:

1. The Member is directed 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 “Register”);

2. The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of two (2) months commencing on April 29, 2013 and the fact of the suspension is to be recorded on the Register;

3. 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) the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding ethics;

(ii) within thirty (30) days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:

A. he or she has reviewed a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made as exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee; and

B. the Member has successfully completed the course.

4. The findings and Order of the Committee shall be published in summary form, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.

REASONS FOR PENALTY DECISION

The Committee carefully considered and accepted the joint submission on penalty. In the Committee’s view, the Member breached the standards of the profession and engaged in conduct unbecoming a member of the teaching profession. The Committee agreed that a reprimand, and a suspension and the imposition of terms, conditions and limitations on the Member’s certificate is an appropriate penalty for conduct of this nature.

The Committee found that in the absence of a compelling reason not to publish the Member’s name, the name should be published. The Committee determined that the name of the Member should be published in Professionally Speaking/Pour parler profession in aid of transparency of the process. In the Committee’s opinion, the details of this case and the Member’s penalty must serve as a general deterrent to members of the teaching profession against this type of behavior. The Committee agreed with College Counsel that it is important to indicate to the profession and the public that behaviour that breaches the standards of the profession will be sanctioned by the College. It is expected that teachers fulfill their duties in an ethical and honest manner. There is no place in the profession for actions that undermine integrity and the transference of this value to students. The profession needs to be informed of the consequences of unethical behaviour such as the submission of forged documents declaring suitability for employment.

In conclusion, the Committee is confident that that the penalty is fitting and serves and protects the public interest.

Date: April 29, 2013

Mel Greif Chair, Discipline Panel

Irene Dembek, OCT Member, Discipline Panel

John Tucker Member, Discipline Panel