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 Michael Norman Ovas, a member of the Ontario College of Teachers.
PANEL: Pauline Smart, Chair Robert Gagné Wes Vickers, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Bev Hodsdon, Law Clerk
- and -
MICHAEL NORMAN OVAS (CERTIFICATE #188478) Susan Chapman, Ursel Phillips Fellows Hopkinson LLP, for Michael Norman Ovas
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: October 28, 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 November 4, 2011, with the support of Counsel for the Member.
The Member, Michael Norman Ovas, was not in attendance.
THE ALLEGATIONS
The allegations against Michael Norman Ovas in the Notice of Hearing, (Exhibit 1) dated November 4, 2011 are as follows:
IT IS ALLEGED that Michael Norman Ovas is guilty of professional misconduct as defined in subsections 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 physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;
(c) 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);
(d) 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
(e) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
Counsel for the College advised it would be difficult to prove professional misconduct if the matter were to proceed to a full hearing and that the Member had signed an Undertaking and Acknowledgement that was in the public interest.
The Member has signed an Undertaking not to teach again or seek reinstatement of his Certificate. Counsel for the Member consented to the withdrawal of the allegations in the Notice of Hearing.
The Committee accepted the Member’s Undertaking and acknowledged that the notation on the Member’s Certificate of Qualification and Registration will be entered on the Public Register. Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Michael Norman Ovas set out in the Notice of Hearing dated November 4, 2011 in exchange for the Undertaking and Acknowledgment dated October 25, 2013.
The Undertaking and Acknowledgment provides as follows:
The Member resigned as a member of the Ontario College of Teachers effective October 28, 2013.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes that he will never accept a position which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking and Acknowledgment may constitute professional misconduct.
The Member acknowledges that the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and that the notation will read as follows:
“On October 28, 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 executes this Undertaking and Acknowledgement 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 and the notation placed on the Public Register of the Ontario College of Teachers is appropriate and serves to protect the public interest.
Date: October 28, 2013
Pauline Smart Chair, Discipline Panel
Robert Gagné Member, Discipline Panel
Wes Vickers, OCT Member, Discipline Panel