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 Daniel Victor Jolic, a member of the Ontario College of Teachers.
PANEL: Danny Anckle, Chair Wes Vickers, OCT Hanno Weinberger, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Lisa Filgiano, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Litigation Paraprofessional
- and -
DANIEL VICTOR JOLIC (CERTIFICATE #280906) Simon Blackstone, Ursel Fellows Phillips Hopkinson LLP, for Daniel Victor Jolic
Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: January 31, 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 September 25, 2009.
The Member, Daniel Victor Jolic was not in attendance.
THE ALLEGATIONS
The allegations against Daniel Victor Jolic in the Notice of Hearing, (Exhibit 1) dated September 25, 2009 are as follows:
IT IS ALLEGED that Daniel Victor Jolic is guilty of professional misconduct as defined in section 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 abused a student or students verbally contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student or students physically contrary to Ontario Regulation 437/97, subsection 1(7.1);
(d) he abused a student or students psychologically or emotionally contrary to Ontario Regulation 437/97, subsection 1(7.2);
(e) he abused a student or students sexually contrary to Ontario Regulation 437/97, subsection 1(7.3);
(f) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made thereunder, contrary to Ontario Regulation 437/97, subsection 1(15);
(g) 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
(h) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Daniel Victor Jolic set out in the Notice of Hearing dated September 25, 2009 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 which requires membership in the Ontario College of Teachers.
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 reflect the fact that the status of his Certificate of Qualification and Registration will be “Resigned-Cancelled” and the notation will read as follows:
“On January 15, 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 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 in these circumstances is reasonable and serves to protect the public interest.
Date: January 31, 2013
Danny Anckle Chair, Discipline Panel
Wes Vickers, OCT Member, Discipline Panel
Hanno Weinberger, OCT Member, Discipline Panel