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
Tariq Saeed Khan, OCT, a member of the Ontario College of Teachers.
PANEL: Monika Ferenczy, OCT, Chair Mel Greif
Annilee Jarvis, OCT
BETWEEN: ) ) Eli Mogil, ) McCarthy Tétrault LLP, ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers, ) assisted by Daniela DeBartolo, ) Litigation Paraprofessional
- and - ) ) Simon Blackstone, TARIQ SAEED KHAN ) Ursel Phillips Fellows Hopkinson LLP, (CERTIFICATE #469169) ) for Tariq Saeed Khan ) Rebecca Durcan, ) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) Heard: June 24, 2013
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 24, 2013 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing, dated November 17, 2011 was served on Tariq Saeed Khan, requesting his presence on November 28, 2011 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for June 24, 2013.
Tariq Saeed Khan was not in attendance on June 24, 2013.
THE ALLEGATIONS
The allegations against Tariq Saeed Khan in the Notice of Hearing, (Exhibit 1) dated November 28, 2011, are as follows:
IT IS ALLEGED that Tariq Saeed Khan is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of the Ontario College of Teachers Act, 1996 (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) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;
(f) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) thereof or the Regulations made under those Acts, 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).
At the hearing on June 24, 2013, College Counsel sought to withdraw the allegations of professional misconduct in paragraphs (b) and (c) in the Notice of Hearing, namely that the Member abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7) and that he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1). The Committee agrees that these allegations shall be withdrawn.
College Counsel advised the Committee that an agreement had been reached on the facts and introduced a Statement of Uncontested Facts and Plea of No Contest (Exhibit 2).
On consent, both counsel agree that paragraph 4(c) in the Statement of Uncontested Facts and Plea of No Contest should be amended to include the word “one” in the phrase “on more than occasion” after the word “than”. The Committee agrees that the paragraph should be amended and the word “one” will be inserted into that phrase.
The Statement of Uncontested Facts and Plea of No Contest provides as follows:
STATEMENT OF UNCONTESTED FACTS
Tariq Saeed Khan (the “Member”) was at all material times, a member of the Ontario College of Teachers. Attached to Exhibit 2 and [located at Tab “A”] is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.
At all material times, the Member was employed by the Ottawa-Carleton District School Board (the “Board”) as a [XXX] school teacher at [XXX] School (the “School”) in Ottawa, Ontario.
At all material times, Student A was a [XXX] year-old female student of the Member.
During the 2009-2010 academic year, the Member was Student A’s [XXX] school [XXX] teacher. During the course of that academic year, the Member developed an interest in and pursued a relationship with Student A of a personal and sexual nature which included:
(a) communicating with Student A by text messages about personal matters;
(b) on several occasions met with Student A alone on and off school property including inviting Student A to have coffee with him after class;
(c) on more than one occasion, spent time with Student A alone in his car discussing matters of a personal nature;
(d) on one occasion, while alone with Student A in his car, the Member tried to put his hand down Student A’s pants for the purpose of initiating a sexual encounter with Student A.
If called to testify, Student A would say, in addition to the conduct described in paragraph 4(d) above, that there was another instance where the Member would try to initiate sexual contact with her, which the Member denies.
The Member resigned from the Board on or about December 14, 2010.
PLEA OF NO CONTEST
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and the exhibits referred to in paragraphs 1 to 6 above (the “Uncontested Facts”).
The Member hereby acknowledges that the Uncontested Facts referred to in paragraph 4 above, constitute conduct which is professional misconduct, and pleads no contest to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(18) and 1(19). The Member also acknowledges that he engaged in sexual abuse of a student or students of a nature defined in Sections 1 and 40(1.1) of the Act.
By this document, the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Uncontested Facts being presented to the Discipline Committee;
(c) he understands that by pleading no contest to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he understands that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;
(e) he understands that any agreement between counsel for the College and himself with respect to the penalty proposed in this document does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee under protection of the Evidence Act, R.S.O. 1990, chapter E. 23, for the purpose of this proceeding under the Ontario College of Teachers Act 1996, chapter 12, and for no other purpose. The Member’s plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the uncontested facts and circumstances, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Having considered the evidence and onus and standard of proof, and the submissions made by College Counsel and by the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Tariq Saeed Khan committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(18) and 1(19). The Committee further finds that the Member engaged in sexual abuse of a student or students of a nature defined in sections 1 and 40 (1.1) of the Act.
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraph 4 above (the “uncontested facts”) of the Statement of Uncontested Facts and Plea of No Contest (Exhibit 2). He acknowledged that the uncontested facts referred to in paragraph 4 constitute conduct which is professional misconduct and pleaded no contest to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(18) and 1(19). The Member also acknowledged that he engaged in sexual abuse of a student of a nature defined in sections 1 and 40(1.1) of the Act.
The Committee accepts the Member’s plea of no contest and the facts in the Statement of Uncontested Facts and Plea of No Contest.
During the 2009-2010 academic year, the Member developed an interest in and pursued a relationship with Student A of a personal and sexual nature. The Member established communication with Student A by text messaging about personal matters. On several occasions, the Member met with Student A on and off school property including meeting with Student A for coffee after class. On more than one occasion, the Member spent time with Student A alone in his car where matters of a personal nature were discussed.
The Committee finds that the Member engaged in sexual abuse of Student A when, on one occasion, the Member, while alone with Student A, tried to put his hand down her pants, for the purpose of initiating a sexual encounter.
The Committee finds that based on the Member’s aforementioned conduct, he committed acts of professional misconduct as alleged.
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty document (Exhibit 4), College Counsel and the Member jointly submitted that the appropriate penalty to be imposed by the Committee in this matter would be that the Registrar of the Ontario College of Teachers be directed to revoke the Certificate of Qualification and Registration of the Member. The parties agreed that publication of the findings and Order of the Committee be published in summary in the official publication of the College, Professionally Speaking/Pour parler profession but had not agreed on whether or not the Member’s name should be published and made submissions on that issue.
SUBMISSIONS ON PUBLICATION-COLLEGE COUNSEL
College Counsel submitted that the Member’s name should be published. College Counsel offered a number of previous decisions in order to demonstrate the appropriateness of publication with name in this case. College Counsel submitted that when revocation is “triggered”, publication with name is warranted. Publication of name serves as a deterrent and protects the public interest.
SUBMISSIONS ON PUBLICATION-COUNSEL FOR THE MEMBER
Counsel for the Member submitted that the Member recognized his misconduct and should be credited for sparing young witnesses from testifying. Counsel for the Member distinguished this case from those provided by College Counsel, in that publication of name was an outcome of criminal proceedings in two previous decisions. Counsel for the Member further submitted that publication would have an effect on the Member’s standing in his cultural and religious communities. The Member also has two children attending the public schools in the community and the Member seeks to limit ongoing negative effect on them. Counsel for the Member submitted that, in light of the unique and particular circumstances of the Member, general and specific deterrence as well as the public interest, are served without publishing the Member’s name.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Registrar is directed to revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar; and
Pursuant to subsection 30 (5) paragraph 3 of the Ontario College of Teachers Act, the findings and order of the Committee shall be published in summary, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Committee finds that the Member engaged in professional misconduct. The Member took advantage of the vulnerability of a [XXX] year old student by engaging in an ongoing personal relationship with the Student outside of the school setting. This behaviour constitutes a serious breach of trust. The Member abused his position as a teacher by having inappropriate contact of a sexual nature with the Student. The Committee finds that revocation is the appropriate penalty for misconduct of this nature.
Publication with name is warranted for misconduct of a sexual nature. The Committee considered the repercussions of publication with name on the Member’s personal life, but determined that these do not outweigh the necessity for transparency to maintain public trust.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: June 24, 2013
Monika Ferenczy, OCT
Chair, Discipline Panel
Mel Greif
Member, Discipline Panel
Annilee Jarvis, OCT
Member, Discipline Panel