DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v McConnell, 2013 ONOCT 67

Date: 2013-11-27

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

Wesley James McConnell, a member of the Ontario College of Teachers.

PANEL: Stefanie Achkewich, OCT, Chair Pauline Smart

Wes Vickers, OCT

BETWEEN: )

) Caroline Zayid,

) McCarthy Tétrault LLP,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,

) assisted by Bev Hodsdon,

) Law Clerk

• and - )

) Simon Blackstone,

WESLEY JAMES MCCONNELL ) Ursel Phillips Fellows Hopkinson LLP,

(CERTIFICATE #240064) ) for Wesley James McConnell

) Rebecca Durcan,

) Steinecke Maciura LeBlanc,

) Independent Legal Counsel

) Heard: November 27, 2013

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 27, 2013 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing (Exhibit 1), dated June 27, 2012 was served on Wesley James McConnell, requesting attendance before the Discipline Committee of the Ontario College of Teachers on July 19, 2012, to set a date for a hearing, and specifying the charges. The hearing was subsequently set for November 27, 2013.

The Member, Wesley James McConnell, was not in attendance.

THE ALLEGATIONS

The allegations against Wesley James McConnell in the Notice of Hearing, (Exhibit 1) dated June 27, 2012 are as follows:

IT IS ALLEGED that Wesley James McConnell is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College Teachers Act (the “Act”)1996, in that:

(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);

(b) he signed or issued, in his professional capacity, a document or documents that he knew or ought to have known contained a false, improper or misleading statement contrary to Ontario Regulation 437/97, subsection 1(12);

(c) 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 under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);

(d) he contravened a law or laws, the contravention of which is relevant to his suitability to hold a Certificate of Qualification and Registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(e) 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

(f) 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 2), which provides as follows:

AGREED STATEMENT OF FACTS

1. At all material times, the Member, Wesley James McConnell (the “Member”) was a member of the Ontario College of Teachers. Attached to Exhibit 2 at Tab “A” is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.

2. At all material times, the Member was employed by the Thames Valley District School Board (the “Board”) and was the Learning Co-Ordinator of Secondary Athletics for the Thames Valley Region Athletic Association (the “TVRAA”) in London, Ontario.

3. The TVRAA is made up of five partners, namely, the Thames Valley District School Board, the London District Catholic School Board, the London District Christian Secondary School, Conseil scolaire de district du Centre Sud-Ouest and Conseil scolaire de district des écoles catholiques du Sud-Ouest. It coordinates sporting events on behalf of those partners.

4. As Learning Coordinator of TVRAA, the Member was responsible for managing the finance of TVRAA. On behalf of the TVRAA, he collected payments from the five partners, and managed the costs for fields, venue rentals, referees, medics who attend games, athletic awards, and financial assistance for teams participating in championships in events of the TVRAA. He maintained accounting records and prepared an annual financial report for the Executive Committee of the TVRAA. He was also responsible for preparing an annual financial report for the Council of the TVRAA.

5. On or about September 30, 2009, the Member admitted to Mike Sereda, Superintendent of the Board, that he had been taking a significant amount of money from the TVRAA account.

6. A full financial audit was performed by Deloitte and Touche LLP on the accounting records and bank accounts associated with TVRAA. The audit encompassed January 2000 through to September 30, 2009.

7. The London Police Service Fraud Section commenced a criminal investigation on October 1, 2009.

8. The investigations revealed that the Member had defrauded the Board of the sum of $836,739.56.

9. The Member was suspended by the Board effective October 1, 2009 and the Member resigned from the Board effective October 22, 2009. Attached to Exhibit 2 at Tabs “B” and “C” respectively are the letters dated October 19, 2009 from the Board and the letter dated October 21, 2009 from the Member.

10. In and around October 5, 2010 the Member was found guilty of one charge against him, namely, that he committed fraud from December 6, 1999 to October 1, 2009, contrary to Section 380(1)(a) of the Criminal Code of Canada. A copy of the proceedings at guilty plea before the Honourable Madam Justice E. Schnall is attached as Exhibit 2 at Tab “D”.

11. On or about March 16, 2011, the Member was sentenced to three (3) years in jail. The Member was ordered to pay restitution to the Board in the amount of $771,439.56. A copy of the transcript of the Reasons for Sentence before the Honourable Madam Justice E. Schnall is attached to Exhibit 2 at Tab “E”.

12. Attached to Exhibit 2 at Tab “F” is a copy of the Certified Information and Appearances, and Initial Disclosure.

13. Attached to Exhibit 2 at Tabs “G” and “H” respectively are copies of the Warrant and Committal on Conviction and the Restitution Order.

GUILTY PLEA

14. By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and exhibits referred to in paragraphs 1-13 above (the “Admitted Facts”).

15. The Member hereby acknowledges that the Admitted Facts referred to 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(12), 1(15), 1(16), 1(18), 1(19).

16. By this document the Member states that:

17. he understands fully the nature of the allegations against him;

18. 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;

19. 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;

20. 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;

21. he understands that any agreement between his counsel and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;

22. he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.

23. In light of the admitted facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

JOINT SUBMISSION ON PENALTY

The Ontario College of Teachers and the Member jointly submitted, through a Joint Submission on Penalty (Exhibit 3), that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:

1. directs the Registrar of the Ontario College of Teachers to immediately revoke the Certificate and Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar;

2. directs that there be publication of the findings and Order of the Committee in summary form in the official publication of the College, Professionally Speaking/Pour parler profession. The parties have not agreed on whether or not the Member’s name should be included and submissions will be made on that issue.

SUBMISSIONS RE: PUBLICATION

Counsel for the College submitted that the case involved a serious breach of trust as the Member used and abused his position as a teacher and a member of the Board and publication of the Member’s name was warranted.

Counsel for the Member requested that the name of the Member not be published in Professionally Speaking/pour parler profession. He submitted that there was no presumption of publication and that the Committee had the discretion to make the decision. He further stated that there has been plenty of media attention surrounding the case and was well known in the community. He indicated that publication of the Member’s name is a “small subset of publication that has already occurred”. He suggested that the Member has already received a great deal of deterrence due to being found guilty of the criminal charge, incarceration, ongoing restitution and revocation of his teaching certificate and stated there was no need to further broadcast the Member’s name. General deterrence will be met with the publication of the facts in Professionally Speaking and publication of name is not essential. Counsel stated that the Member’s wife is a retired teacher and publication of name would have a collateral cost to her.

DECISION

Having considered the evidence and onus and standard of proof, and the submissions made by College Counsel and Counsel for the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Wesley James McConnell committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(12), 1(15), 1(16), 1(18) and 1(19).

REASONS FOR DECISION

The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 13 above (the “Admitted Facts”) of the Agreed Statement of Facts, and Guilty Plea (Exhibit 2). He acknowledged that the Admitted Facts constitute conduct which is professional misconduct and admitted the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(12), 1(15), 1(16), 1(18) and 1(19). The Committee accepted the Member’s guilty plea and accepts that the facts in the Agreed Statement of Facts, and Guilty Plea amount to professional misconduct as pleaded to by the Member.

As stated in the Agreed Statement of Facts, the Member was employed by the Thames Valley District School Board (the “Board”) and was the Learning Co-ordinator of Secondary Athletics for the Thames Valley Region Athletic Association (the “TVRAA”). He was responsible for managing the finance of TVRAA, which including collecting payments from five partners, managing the costs for fields, venue rentals, referees, medics who attend games, athletic awards and financial assistance for teams participating in championships in events of the TVRAA. He maintained accounting records and prepared an annual financial report for the Executive Committee of the TVRAA. He was also responsible for preparing an annual financial report for the Council of the TVRAA.

From December 6, 1999 to October 1, 2009, the Member used his position as Learning Co-ordinator to systematically defraud the Board. In or around October 5, 2010 the Member was found guilty of defrauding the Board of the sum of $836,739.56 (Exhibit 2, Tab D).

The Member opened a TVRAA bank account (“Account #1”) on December 6, 1999, with himself as the sole signing authority for this account. During the period of January 2000 through to September 2009, there was approximately $777,593.63 in expenditures from this TVRAA account. During this period the Member made a significant volume of transactions withdrawing $461,962.87, either by debit card or cash, for his personal use. These regular withdrawals were usually in increments of one thousand to twelve hundred dollars. Of particular interest were withdrawals made during the months of July and August of 2000, through to 2009, totaling approximately $79,874.00. The Board noted that there were no athletic events during the months of July and August (Exhibit 2, Tab D).

For example, the Member made withdrawals in the sum of $179,453.89, in the form of cheques and bank drafts that do not appear to be related to TVRAA activities. One of these bank drafts, totaling $34,589.95, was used to pay to have a pool installed at the Member’s home. Another bank draft, in the amount $66,353.49 was to pay for landscaping at the Member’s home (Exhibit 2, Tab D).

On April 28, 2003 the Member opened a second bank account (“Account #2”) in the name of London and District Referee Association, with himself being the sole signing authority. The Member fraudulently withdrew funds totaling $97,568.00 (Exhibit 2, Tab D).

On or about March 16, 2011, the Member was sentenced to three (3) years in jail and ordered to pay restitution to the Board in the amount of $771,439.56 (Exhibit 2, Tab D).

This egregious breach of trust by the Member and the resulting criminal conviction and sentencing more than amounts to professional misconduct as alleged and agreed to by the Member.

PENALTY DECISION

The Committee makes the following order as to penalty:

1. The Registrar is directed to revoke the Certificate of Qualification and Registration of the Member.

2. 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 agrees with Madam Justice E. Schnall’s findings in her Reasons for Sentence in the criminal proceedings (Exhibit 2, Tab E). She outlined aggravating factors she considered in sentencing the Member to three years in the penitentiary. These included: the nature and extent of the loss, the dishonest attainment of public monies, the degree of sophistication of the dishonesty and the degree of planning skill and deception, whether the sole motivation is greed, a lengthy period of dishonesty, the number of dishonest transactions undertaken the commission of the offence, little hope of restitution, offender was caught as opposed to voluntarily terminating the criminality, the impact of victims on the fraud including members of the public, the employer and fellow employees, and the degree of trust reposed in the offender.

The Committee found the Member’s misconduct to be egregious. As a Learning Co-ordinator responsible for managing the finance of TVRAA and as teacher, the Member held a position of trust and power. The Member used and abused his position of trust for personal financial benefit. This premeditated large-scale fraud, over a ten year period is a serious breach of trust and professional misconduct. The Member betrayed his employer, the profession, the community, student athletes and children in the secondary schools of four Boards. The Committee agrees with Madam Justice Schnall, that in so doing, the Member “had complete disrespect and disregard for those he defrauded”. The only appropriate penalty to restore public confidence in the teaching profession is revocation of the Member’s certificate. Any lesser penalty would erode public confidence.

The Committee determined that publication with the Member’s name is warranted in this case. This “small subset of the publication” will bring to a close a matter that received a large amount of media attention for the public and profession. This transparency is necessary to uphold the public trust. While the Member has already suffered specific deterrence, including incarceration and ongoing restitution, publication with name is warranted due to the magnitude and longevity of the misconduct.

Publication, in summary, with the Member’s name serves as a further rebuke of the Member’s actions. Publication of the Committee’s findings also acts as a general deterrent to guide members of the profession and to inform that similar behaviour will result in a finding of professional misconduct and the severest penalty, revocation of Certificate.

The Committee is satisfied that the penalty is appropriate, serves to preserve the reputation of the profession, maintain public confidence in the profession and protect the public interest.

Date: November 27 2013

Stefanie Achkewich, OCT

Chair, Discipline Panel

Pauline Smart

Member, Discipline Panel

Wes Vickers, OCT

Member, Discipline Panel