DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996, c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against Gregory Lunn Carter, a member of the Ontario College of Teachers.
PANEL: Stefanie Achkewich, OCT, Chair Mel Greif Vicki Shannon, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Eli Mogil, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela DeBartolo, Litigation Paraprofessional
- and -
GREGORY LUNN CARTER (CERTIFICATE #277761) Paul Martin, Matthew Wilton & Associates for Gregory Lunn Carter
Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: July 25, 2013
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 January 18, 2013.
The Member, Gregory Lunn Carter, was not in attendance.
THE ALLEGATIONS
The allegations against Gregory Lunn Carter in the Notice of Hearing, (Exhibit 1) dated January 18, 2013 are as follows:
IT IS ALLEGED that Gregory Lunn Carter 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 the Member’s professional capacity, a document that he knew or ought to have known contains a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);
(c) he falsified a record relating to the Member’s professional responsibilities, contrary to Ontario Regulation 437/97, subsection 1(13);
(d) 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);
(e) he contravened a law, the contravention of which is relevant to the Member’s suitability to hold a Certificate of Qualification and Registration, contrary to Ontario Regulation 437/97, subsection 1(16);
(f) 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
(g) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
Counsel for the College advised that the entirety of the allegations referred to the Member’s membership in the College of Psychologists, none of which has to do with his teaching. This College, using all the same evidence, has reprimanded and suspended the Member for 3 months which is within the range of reasonableness. The Member retired as a member of the Ontario College of Teachers on March 1, 2011, has not taught in 30 years and has signed an Undertaking to not teach again or seek reinstatement of his Certificate. Counsel for the Member consented to the withdrawal of the allegations in the Notice of Hearing.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Gregory Lunn Carter set out in the Notice of Hearing dated January 18, 2013 in exchange for the Undertaking and Acknowledgment of the Member as follows:
The Member retired as a member of the Ontario College of Teachers effective March 1, 2011.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes that he will never teach again in any public or private school in Ontario which requires membership in the Ontario College of Teachers.
The Member undertakes that he will never teach again in any public or private school in Canada.
The Member understands that a breach of this Undertaking and Acknowledgment, may constitute professional misconduct and that in those circumstances, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges that the Public Register of the Ontario College of Teachers will be “Resigned” and the notation will read as follows:
“On July 25, 2013, the Member, who retired his membership with the Ontario College of Teachers on March 1, 2011, has undertaken never to teach again or to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending”.
- The Member acknowledges his understanding about the scope, purpose and effect of his execution of this Undertaking and Acknowledgement and is executing same 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 and the notation placed on the Public Register of the Ontario College of Teachers is appropriate and serves to protect the public interest.
Date: July 25, 2013
Stefanie Achkewich, OCT Chair, Discipline Panel
Mel Greif Member, Discipline Panel
Vicki Shannon, OCT Member, Discipline Panel