DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Charters, 2013 ONOCT 13
Date: 2013-11-04
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
Murray Ross Charters, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Alexander (Sandy) Bass, OCT
Annilee Jarvis, OCT
BETWEEN: )
) Caroline Zayid,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Annie Lacroix,
) Litigation Paraprofessional
- and - )
) Michael Jaeger,
MURRAY ROSS CHARTERS ) Boddy Ryerson LLP,
(CERTIFICATE #220427) ) for Murray Ross Charters
) Marc Spector,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: October 24, 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 April 16, 2013.
The Member, Murray Ross Charters, was in attendance.
THE ALLEGATIONS
The allegations against Murray Ross Charters in the Notice of Hearing, (Exhibit 1) dated April 16, 2013 are as follows:
IT IS ALLEGED that Murray Ross Charters 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 strive at all times to achieve and maintain the highest degree of professional competence and to uphold the honour, dignity and ethical standards of the teaching profession contrary to section 13 of the Regulation Made Under the Teaching Profession Act, made pursuant to section 12 of the Teaching Profession Act R.S.O. 1990, c. T2, as amended (the “TPA Regulation”);
(b) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(c) he abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(d) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(e) 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)
(f) 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);
(g) he contravened a law, the contravention of which may cause a student to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);
(h) 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
(i) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
Having reviewed the facts of this case, College Counsel sought to withdraw the allegations of professional misconduct set out in the Notice of Hearing. College Counsel determined that there was insufficient evidence to support the allegations. She indicated that should the matter proceed to a hearing, there was no reasonable prospect of obtaining a finding of professional misconduct. College Counsel submitted that it is in the best interest of the public to withdraw the allegations and accept the Member’s signed Undertaking not to teach again or seek reinstatement of his Certificate of Qualification and Registration. It was submitted that the notation on the Public Register would ensure transparency.
Member’s Counsel stated that he was in full agreement with the submissions of College Counsel as this resolution is a reasonable outcome.
The Committee accepted the Member’s undertaking and acknowledged the notation on the Member’s Certificate of Qualification and Registration that will be entered on the Public Register. Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Murray Ross Charters set out in the Notice of Hearing dated April 16, 2013 in exchange for the Undertaking and Acknowledgment dated July 30, 2013.
The Undertaking and Acknowledgment provides as follows:
The Member resigned as a member of the Ontario College of Teachers effective October 24, 2013.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes that he will never again teach in any public or private school in Ontario which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking and Acknowledgment, may constitute professional misconduct.
The Member acknowledges that the Public Register of the Ontario College of Teachers will be noted as “Resigned-Cancelled” and that the notation will read as follows:
“On October 24, 2013, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again in any public or private school in Ontario 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: November 4, 2013
John Tucker
Chair, Discipline Panel
Alexander (Sandy) Bass, OCT
Member, Discipline Panel
Annilee Jarvis, OCT
Member, Discipline Panel