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
Steven Anthony D’Amelio, OCT, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Monika Ferenczy, OCT
Wes Vickers, OCT
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Litigation Paraprofessional
- and – )
STEVEN ANTHONY D’AMELIO ) Adam Beatty,
(CERTIFICATE #280184) ) Cavalluzzo Shilton McIntyre &
) Cornish LLP,
) for Steven Anthony D’Amelio
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel )
) ) Heard: May 22, 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 #2 dated May 26, 2009.
Steven Anthony D’Amelio was not in attendance.
Having reviewed the facts of this case, College Counsel sought to withdraw the allegations of professional misconduct set out in the Notice of Hearing #2. College Counsel informed the Committee that the allegations set out in the Notice of Hearing #2 were from the late 1990’s until 2006 and that the College did not become aware of the allegations until 2008. College Counsel submitted that in speaking to all of the witnesses in this matter, none were willing to testify. College Counsel further submitted that even if the College were to compel the witnesses to attend through issuing subpoenas, the College would be unable to provide evidence on this prosecution as the witnesses would either testify that they had no memories of the events that occurred or they would testify that the events did not occur. College Counsel stated that, should the matter proceed to a hearing, there would be no reasonable prospect of obtaining a finding of professional misconduct as there was no evidence to present.
Counsel for the Member concurred and stated that the Member consents to the withdrawal of the Notice of Hearing #2.
Independent legal counsel (“ILC”) 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. ILC also advised the Committee that the College could not proceed to a hearing in good faith, with insufficient evidence.
Having considered the submissions of College Counsel and Counsel for the Member, and upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Steven Anthony D’Amelio set out in the Notice of Hearing #2 dated May 26, 2009.
The Committee determined that the request for withdrawal is reasonable and appropriate.
Date: May 22, 2013
______________________________ John Tucker
Chair, Discipline Panel
Monika Ferenczy, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel