Ontario College of Teachers v. Michaud, 2013 ONOCT 69

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Michaud, 2013 ONOCT 69

Date: 2013-08-20

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

Gilles Michaud, Member of the Ontario College of Teachers.

PANEL: John Tucker, Chair Stefanie Achkewich, OCT Hanno Weinberger, OCT

BETWEEN:

ONTARIO COLLEGE OF TEACHERS Joanne Excellent, Legal Counsel, for Ontario College of Teachers

• and –

GILLES MICHAUD (CERTIFICATE #170253) Mandy Wojcik, Sack Goldblatt Mitchell LLP for Gilles Michaud

Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel

Heard: August 20, 2013

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on August 20, 2013 at the Ontario College of Teachers (the “College”) at Toronto.

Gilles Michaud (the “Member”) was in attendance at the hearing.

A Notice of Hearing dated November 12, 2012 was served on the Member, requesting attendance before the Discipline Committee of the Ontario College of Teachers on November 28, 2012 to set a date for a hearing and specifying the charges. The hearing was subsequently set for August 20, 2013.

THE ALLEGATIONS

The allegations in the Notice of Hearing (Exhibit 1), dated November 12, 2012 are as follows:

IT IS ALLEGED that Gilles Michaud is guilty of professional misconduct as defined in subsection 30(2) 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(s) verbally, contrary to Ontario Regulation 437/97, subsection 1(7);

(c) he abused a student(s) physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(d) he abused a student(s) psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(e) 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);

(f) 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);

(g) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).

MEMORANDUM OF AGREEMENT

Counsel for the College advised the Committee that subject to ratification by the Committee, agreement had been reached on the facts and introduced a Memorandum of Agreement (“MOA”), (Exhibit 3) which provides as follows:

Agreed Statement of Facts

The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.

1. At all material times, the Member was employed by the Rainbow District School Board (the “Board”) as an elementary school teacher at [XXX] School (the “School”).

2. On February 13, 2003, the Member kicked Student No. 3, a grade [XXX] female student, in the leg.

3. An investigation was conducted by the Children’s Aid Society (“CAS”) and the allegation was substantiated.

4. The Board suspended the Member for fifteen days and required the Member to complete an Anger Management course, which he did.

5. On November 22, 2007, the Member was assigned to yard duty during the recess period. When the bell rang, students were required to line up in single file so that they could enter the School. The Member states that a few students tried to race past the line to get upstairs faster and that he recalls physically directing one student (Student No. 4) back into line. He states the contact was instinctive and brief and that he was not aware that the student was injured as a result.

6. An investigation was conducted by CAS and the allegation was substantiated.

7. On January 11, 2008, the Member received a letter of warning from the School administration.

8. On January 16, 2009, the Member called Student No. 1, a Grade [XXX] male student, an “idiot”.

9. On January 29, 2009, the Member called Student No. 2, a Grade [XXX] male student, an “idiot”.

10. On September 10, 2009, during gym class, the Member threw a pair of shoes at or toward Student No. 5, a Grade [XXX] male student. One shoe hit the floor, bounced upwards and struck Student No. 5 in the face, and the second shoe hit the wall behind Student No. 5.

11. After the incident, the Member apologized to Student No. 5 and checked to ensure there were no injuries. The Member did not see any injury to Student No. 5’s face.

12. An investigation was conducted by CAS and the allegation was substantiated.

13. On November 30, 2009, the Board issued a letter terminating the Member’s employment with the Board effective the same day.

14. The Member acknowledges that in taking the actions described above, he behaved in an inappropriate manner.

15. By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on November 12, 2012, and in so doing, accepts as true, the particulars set out in this section of the MOA.

16. The Member voluntarily admits the above particulars and understands that by doing so, he is waiving the right to require the College to prove the case against him and the right to a contested hearing.

Joint Submission on Resolution

The parties agree to resolve the matter as follows:

17. the Parties agree and undertake that upon ratification of this MOA, there shall be no further action taken, no appeal of any or all of the terms of this agreement, and no application for judicial review, providing the terms of this MOA are adhered to;

18. the Parties agree and understand that if any phrase or paragraph of this MOA is deemed null and void, the MOA shall be read as though the phrase or paragraph was stricken from the MOA and the amended MOA shall remain in force and effect;

19. the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct and shall reprimand him in person, with respect to the above particulars;

20. the Member agrees and understands that for the purpose of considering this matter, the Discipline Committee will be provided with this MOA and the Notice of Hearing, which will be marked as Exhibits and will constitute the evidence upon which the guilty plea will be accepted, the finding of guilt will be made, and the penalty will be imposed;

21. the Member agrees and undertakes to, before seeking or engaging in employment requiring a Certificate of Registration and Qualification, successfully complete a course of instruction in classroom management, at his expense, to be pre-approved by the Registrar;

22. the Member agrees and undertakes to ensure that the Registrar is provided with written confirmation of successful completion of the course referred to above, by the course provider, within 30 days of completion;

23. the Member agrees and understands that upon ratification of this MOA, a notation shall be placed on the Public Register maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. There may also be other amendments made to the Public Register to reflect this agreement between the Parties, including amendments to the Member’s Status, Status History and Terms, Conditions and Limitations;

24. the Member agrees and understands that the College shall publish a summary of the complaint and its resolution as contained in this MOA. Such publication shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College website, and in any other manner the Registrar and Chief Executive Officer deems appropriate. The summary shall include the Member’s name ;

25. the Member agrees and understands that upon ratification of this MOA, the College shall make the Decision of the Discipline Committee, including this MOA, available for review but the public in the College’s Margaret Wilson Library, on the College’s website and in any other forum the Registrar and Chief Executive Officer deems appropriate;

26. the Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Discipline Committee Decision and MOA to Quicklaw and/or any other on-line legal database(s);

27. the Member agrees and understands that this MOA is the entire agreement between him and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MOA;

28. the Member confirms that he understands the nature and effect of this MOA and that he has obtained independent legal advice in this regard,

29. the Parties agree that a signed telefax or other facsimile copy of this MOA shall have the same force and effect as the original of this document; and

30. the Parties agree that this MOA may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

DECISION

Having examined the Exhibits filed, and based on the Memorandum of Agreement, the guilty plea, and the submissions made by Counsel for the College and Counsel for the Member, the Committee ratifies the Memorandum of Agreement. The Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Gilles Michaud committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.1), 1(7.2), 1(15), 1(18) and 1(19).

REASONS FOR DECISION

The Committee accepts the Member’s guilty plea and the agreed facts contained in the Memorandum of Agreement (Exhibit 3).

Over a period of six years and involving at least five students, the Member physically and verbally abused children in his care. Several of these incidents were investigated by the Children’s Aid Society and substantiated. The Board suspended the Member for fifteen days and required him to take an anger management course. Subsequently, the Member received an additional letter of warning from School Administration. On November 30, 2009, the Board terminated the Member’s employment. The Member acknowledged that he behaved in an inappropriate manner.

The Committee finds that the Member’s actions amount to professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.1), 1(7.2), 1(15), 1(18) and 1(19).

PENALTY DECISION

The Committee accepts the Joint Submission on Resolution and makes the following order:

1. The Member is to appear before the Committee immediately following the hearing of this matter to receive a reprimand, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers.

2. The Registrar is directed to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register of the College until such time as they are fulfilled:

(i) Before seeking or engaging in employment requiring a Certificate of Registration and Qualification, the Member is to complete, at his own expense, a course of instruction in classroom management, to be pre-approved by the Registrar.

(ii) The Member must provide the Registrar with written confirmation of his successful completion of this course, prepared by the course provider, within thirty (30) days of completion.

3. Pursuant to paragraph 3 of subsection 5 of section 30 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 carefully considered and accepted the Joint Submission on Resolution.

Shaping the behaviour of children begins with the modeled behaviour of their teachers. Having failed to do so, a course in classroom management will assist the Member in addressing the issues that lead to his professional misconduct. The Committee agreed that a reprimand and the imposition of terms, conditions and limitations on the Member’s certificate requiring the completion of a course in classroom management, is an appropriate resolution in this matter.

Publication of the findings and order, with the Member’s name, responds to the need for transparency and accountability and serves the public interest, as well as informing the profession of the consequences of inappropriate and unprofessional behaviour. Publication, with the Member’s name, acts as a specific deterrent to the Member and as a general deterrent to the profession from engaging in similar misconduct.

The Committee is satisfied that this decision is appropriate in the circumstances and serves and protects the public interest.

Date: August 20, 2013

John Tucker Chair, Discipline Panel

Stefanie Achkewich, OCT Member, Discipline Panel

Hanno Weinberger, OCT Member, Discipline Panel