DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Gilpin, 2013 ONOCT 25
Date: 2013-11-22
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 Wayne George W. Gilpin, a member of the Ontario College of Teachers.
PANEL: Christine Bellini, OCT, Chair Darlene Mead, OCT Pauline Smart
BETWEEN: ) ) David Leonard, ) McCarthy Tétrault LLP, ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers, ) assisted by Annie Lacroix, ) Litigation Paraprofessional
- and - ) ) Wayne George W. Gilpin WAYNE GEORGE W. GILPIN ) present, on his own behalf (CERTIFICATE #321659) ) ) Julie Maciura, ) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) Heard: November 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 dated April 4, 2013.
Wayne George W. Gilpin (the “Member”) was in attendance.
THE ALLEGATIONS
The allegations against Wayne George W. Gilpin in the Notice of Hearing, (Exhibit 1) dated April 4, 2013 are as follows:
IT IS ALLEGED that Wayne George W. Gilpin is guilty of professional misconduct and/or is incompetent as defined in subsections 30(2) and 30(3) 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 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); and
(c) he displayed a lack of knowledge, skill or judgment and/or disregard for the welfare of his students of a nature or extent that demonstrates that the Member is either unfit to carry out his professional responsibilities or that the Member’s certificate should be made subject to terms, conditions or limitations.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against Wayne George W. Gilpin set out in the Notice of Hearing dated April 4, 2013 in exchange for the Undertaking and Acknowledgment of the Member as follows:
The Member will resign as a member of the Ontario College of Teachers.
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 or work in any position which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking may constitute professional misconduct and that in those circumstances, the Ontario College of Teachers will be at liberty to reinstate these proceedings.
The Member acknowledges that the Public Register of the Ontario College of Teachers will indicate the Member’s status as “Resigned-Cancelled” and the notation will read as follows:
“On November 22, 2013, the Member resigned his membership with the Ontario College of Teachers and 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 that he understands the scope, purpose and effect of his execution of this Undertaking and Acknowledgement and executes the same voluntarily, unequivocally, and after being given the opportunity to seek 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 in these circumstances is reasonable and serves to protect the public interest.
Date: November 22, 2013
Christine Bellini, OCT Chair, Discipline Panel
Darlene Mead, OCT Member, Discipline Panel
Pauline Smart Member, Discipline Panel