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
Stephen Alexander Martin, a member of the Ontario College of Teachers.
PANEL: Irene Dembek, OCT, Chair Christine Bellini, OCT
Mel Greif
BETWEEN: ) ) Caroline Zayid,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Bev Hodsdon,
) Law Clerk
- and – )
) Stephen Alexander Martin
) was not present or represented
STEPHEN ALEXANDER MARTIN )
(CERTIFICATE #419301) )
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: June 4, 2013
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 4, 2013 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing (Exhibit 1), dated August 20, 2012 was served on Stephen Alexander Martin, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on September 13, 2012 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for June 4, 2013.
The Member was not in attendance and was not represented by counsel.
THE ALLEGATIONS
The allegations against Stephen Alexander Martin (the Member”) in the Notice of Hearing are as follows:
IT IS ALLEGED that Stephen Alexander Martin is guilty of professional misconduct as defined in sections 30(2) and 40(1.1) 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 and/or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student and/or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) he abused a student and/or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and engaged in sexual abuse of a student and/or students as defined in section 1 of the Act;
(e) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) 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 has caused students under the Member’s professional supervision to be put at or 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).
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts and Guilty Plea (Exhibit 3), which provides as follows:
AGREED STATEMENT OF FACTS
Stephen Alexander Martin (the “Member”) is a member of the Ontario College of Teachers.
At all material times, the Member was employed by the Durham District School Board (the “Board”).
From in and around June 2009 to in and around April 2011, the Member was a teacher at an elementary school of the Board (the “School”).
From in and around June 1, 2009 to in and around April 12, 2011 the Member:
(a) communicated in a sexually explicit and inappropriate manner via the Internet with a student and/or students;
(b) possessed child pornography;
(c) made child pornography;
On or about March 30, 2011, the Member was charged by the Durham Regional Police Service with Internet luring of a minor and/or minors, invitation to sexual touching, possession of child pornography and making child pornography.
On or about December 17, 2011, the Member’s employment with the Board was terminated.
On or about December 16, 2011, the Member was found guilty of ten (10) charges of luring a child via computer for sexual exploitation and one count of making child pornography contrary to Sections 163(1) and 172.1(2) of the Criminal Code of Canada.
The Member was sentenced, for the offences referred to in paragraph 7 above, to two (2) years less a day and a three (3) year probationary period.
Attached to Exhibit 3, Tab “A” is a certified copy of the Information with respect to the charges.
Attached to Exhibit 3, Tab “B” is a certified copy of the Probation Order and the Schedule of Terms and additional sentencing endorsement dated December 16, 2011.
Attached to Exhibit 3, Tab “C” is a copy of the court transcript of the Proceedings at Plea of Guilty and the Reasons for Sentence dated December 16, 2011.
GUILTY PLEA
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and exhibits referred to in paragraphs 1 to 11 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts referred to in paragraph 4 to 8 above constitute conduct which is professional misconduct and admits the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(7), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member also admits that he engaged in sexual abuse of 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 Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty 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 him and counsel for the College with respect to a penalty does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and without the advice of legal counsel.
- In light of the admitted facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member request that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Having considered the evidence, onus and standard of proof, and the submissions made by Counsel for the College, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Stephen Alexander Martin committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, 1(5), 1(7), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Committee also finds that the Member he engaged in sexual abuse of students of a nature defined in Sections 1 and 40(1.1) of the Act.
REASONS FOR DECISION
The Committee accepts the Member’s admission of the truth of the facts and exhibits referred to in paragraphs 1 to 11 above (the “Admitted Facts”). The Member acknowledged that the Admitted Facts referred to in paragraphs 4 to 8 above, constitute conduct which is professional misconduct, and pleaded guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 437/97, 1(5), 1(7), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Committee also finds that the Member he engaged in sexual abuse of students of a nature defined in Sections 1 and 40(1.1) of the Act.
The Committee accepted the Member’s guilty plea and accepts that the facts in the Agreed Statement of Facts and Guilty Plea (Exhibit 3) amount to professional misconduct as pleaded to by the Member.
On or about December 16, 2011, the Member was found guilty of ten (10) charges of luring a child via computer for sexual exploitation and one count of making child pornography contrary to Sections 163(1) and 172.1(2) of the Criminal Code of Canada.
For these offences, he was sentenced to two (2) years less a day and a three (3) year probationary period.
The law of evidence and Rules 13.03 and 13.04 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee of the Ontario College of Teachers allow the Committee to accept a certificate of conviction as proof that an offence was committed by a person, where there is a finding of guilt and conviction in a Canadian court, provided that there is no evidence to the contrary and that no appeal has been granted. The Member has not appealed the convictions or the sentence.
The Committee finds that by his actions and his convictions of ten (10) counts of luring a child via computer for sexual exploitation and one conviction of making child pornography, the Member committed acts of professional as alleged.
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty document (Exhibit 3), 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 and 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 argued that the seriousness of the Member’s professional misconduct warrants the publication of his name. The Member made no submissions with respect to publication of his name.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Registrar of the Ontario College of Teachers is directed to revoke the Certificate of Qualification and Registration of the Member; and
There shall be publication of the findings and order of the Committee, in summary form, with the name of the Member in the official publication of the College Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY
This Member was found guilty of ten charges of luring a child via computer for sexual exploitation and one count of making child pornography. The Member actively preyed on his students by posing as a [XXX] -year old female student, named “[XXX]”. The Member would encourage the students to befriend him on Facebook and MSN and then ask them to expose their genitals on a webcam. One victim’s parent worked with the Member and considered him a friend of the family. On reviewing her child’s computer, she discovered sexually explicit text which asked that her son expose himself on the webcam. This parent informed the police, who launched an investigation and determined the Member’s IP address. A search warrant of the Member’s home revealed 18 external hard drives. At trial, only five of these hard drives had been assessed and these revealed a total of 3,374 pictures that constituted child pornography and 582 movies which were assessed as child pornography. (Exhibit 3, Tab C).
The victim impact statements, of which there were many, revealed the extent of the Member’s behaviour and the damage that ensued. A parent stated “a piece of his childhood has been stolen from him.” One student stated “there is no word in my vocabulary that I can think of to describe what amount of fear, disgust, disgrace and overall dignity, of shamefulness that has scarred me for life and will always stay there with me.” In another statement a parent described the difficulty of having to tell her son, that his former teacher had sexually exploited him over the internet. One parent addressed the damage done to the implicit trust that the public places in the teaching profession and the consequences of such an attack on this trust. (Exhibit 3, Tab C).
During the relevant time period, the Member taught as an elementary school teacher. In this capacity, the Member had to have known full well the danger presented to children and society by his actions. The Member abused his students and his position of trust for his own self-gratification. As a Member who contravened laws, his conduct is disgraceful, dishonourable and brings the profession into disrepute. Targeting, and luring children and perpetuating a market for child pornography that thrives on the exploitation and abuse of children is a crime that is most heinous. The Member’s active participation in this kind of criminal activity reveals the severity of his misconduct. The Member is not suitable to be in a position of trust and authority over children and must not be permitted to teach.
Revocation serves as both a specific and general deterrent, removes the Member from the classroom, protects children and restores public confidence in the profession. Publication with name serves the public interest by informing the community that the profession acts decisively when matters of this nature are brought to its attention and will denounce such behaviour to other members of the profession and result in the most severe penalty. A broad publication of the Member’s name serves to inform the public about the depth of his abuse of children in his care.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Dated: June 4, 2013
______________________________ Irene Dembek, OCT
Chair, Discipline Panel ______________________________ Christine Bellini, OCT Member, Discipline Panel
______________________________
Mel Greif
Member, Discipline Panel