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
Andrew James Ritchie, OCT, Member of the Ontario College of Teachers.
PANEL: Vicki Shannon, OCT, Chair Stefanie Achkewich, OCT John Tucker
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Martin Zatovkanuk, Legal Counsel, for Ontario College of Teachers
- and –
ANDREW JAMES RITCHIE (CERTIFICATE #481605) Susan Luft, Ontario Secondary School Teachers’ Federation for Andrew James Ritchie
Erica Richler, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: June 17, 2013
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 17, 2013 at the Ontario College of Teachers (the “College”) at Toronto.
Andrew James Ritchie (the “Member”) was in attendance at the hearing.
A Notice of Hearing dated December 18, 2012 was served on the Member, requesting attendance before the Discipline Committee of the Ontario College of Teachers on January 17, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for June 17, 2013.
THE ALLEGATIONS
The allegations in the Notice of Hearing (Exhibit 1), dated December 18, 2012 are as follows:
IT IS ALLEGED that Andrew James Ritchie 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 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);
(c) 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.
At all material times, the Member was employed by the Peel District School Board as a teacher at [XXX] School.
The Member was involved in a consensual sexual relationship with one of his colleagues (his “Colleague”), for approximately three years. The relationship ended on or about May 13, 2010.
When the relationship ended, the Member continued to pursue and try to communicate with his Colleague. The Member acknowledges that some of his behaviour toward his Colleague was verbally and emotionally abusive.
On May 14 and 15, 2010, the Member sent a series of offensive text messages to his Colleague, which his Colleague found to be threatening.
On May 14, 2010, the Member was upset that his Colleague did not invite him out for drinks with their colleagues. He texted her using explicit and vulgar language, including the repeated use of the f-word.
In the text messages that followed, he repeatedly continued to use explicit and vulgar language, including repeated use of the f-word.
On May 17 and 18, 2010, the Member apologized for sending the messages, assured his Colleague that he “did not mean any harm by it” and offered to give her space.
The Member admits that the text messages were inappropriate and wholly regrets having sent them to his Colleague.
The Member agrees he should not have continued to pursue his Colleague after she made it clear that the relationship had ended by trying to communicate with her through text messages, e-mails, notes and/or other colleagues and following her to her car at the School.
The Board commenced an investigation into this matter in September 2010. The Board found that the Member behaved in an inappropriate manner and on February 2, 2011, issued a letter of discipline to the Member. The Member was also transferred to another school, directed to refrain from having any contact with his Colleague directly or indirectly and from speaking about this matter to other employees of the Board, and required to complete a course.
On March 9, 2011, the Member provided confirmation of the successful completion of a two hour course on “Dealing with Harassment in the Workplace.”
By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on December 18, 2012, and in so doing, accepts as true the particulars set out in this section of the MOA.
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:
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;
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;
the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct;
the Member shall 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. The reprimand shall be delivered at the offices of the College located at 101 Bloor Street West, Toronto, Ontario;
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;
the Member agrees and undertakes to successfully complete, within 90 days of ratification of this MOA, a course or counseling in harassment and professional boundaries, at his expense, to be pre-approved by the Registrar. The course will address the specific boundary violations that occurred in this case;
the Member agrees and undertakes to ensure that the Registrar is provided with written confirmation of the successful completion of the course referred to above, by the course provider, within 30 days of completion. The course provider will also confirm that he/she reviewed the decision and MOA before commencing the course and that, based on his/her interactions with the Member, he/she is satisfied that the Member understands that his conduct was inappropriate;
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;
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 web site, and in any other manner the Registrar and Chief Executive Officer deems appropriate. The Committee shall decide whether or not the Member’s name will be included in the summary after hearing arguments from the parties to this Agreement;
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 by 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;
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);
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;
the Member confirms that he understands the nature and effect of this MOA and that he has obtained independent legal advice in this regard;
the Parties agree that a signed fax or other copy of this MOA shall have the same force and effect as the original of this document; and
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 Andrew James Ritchie committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 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).
The Member was involved in a consensual sexual relationship with a colleague for a three year period. After the relationship ended, the Member continued to pursue his colleague by following her to her car at the School and repeatedly attempting to communicate with her about the relationship through text messages, e-mails, notes and/or other colleagues. On multiple occasions, the Member sent offensive text messages using explicit and vulgar language, which his colleague found to be threatening.
The Committee acknowledges that the Member has completed a course on “Dealing with Harassment in the Workplace.”
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(18) and 1(19).
SUBMISSIONS RE: PUBLICATION
Counsel for the College submitted that the Committee should order Publication of the findings and Order in summary with the Member’s name. Counsel for the College cited three factors for publication with name:
General Deterrence;
Specific Deterrence; and
Recommendation 33 of the LeSage Report.
Counsel for the College submitted that all members of the profession are responsible for their conduct even if it does not involve students. Counsel for the College further submitted that members of the profession have the right to be free from harassment, especially in the workplace. Counsel for the College stated that publication would act as a specific deterrent as it would be public that the Member was sanctioned. Counsel for the College referred to Recommendation 33 of the LeSage report which calls for publication with name in every instance except when there is a publication ban or the Member is found not guilty. Neither exception applies in this instance.
Counsel for the Member submitted that the behaviour was on the low end of the scale of professional misconduct, and that both general deterrence and public interest could be served through publication of a summary of the findings and Order without the Member’s name.
PENALTY DECISION
The Committee accepts the Joint Submission on Resolution and makes the following order:
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.
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 it is fulfilled:
(i) within 90 days of the ratification of the Memorandum of Agreement, the Member is to complete, at his own expense, a course of instruction or counseling, pre-approved by the Registrar, in harassment and professional boundaries, and
(ii) provide the Registrar with written confirmation of his successful completion of this course, prepared by the course practitioner, within 30 calendar days of completion. The course provider will also confirm that he/she has reviewed the decision and Memorandum of Agreement before commencing the course and that, based on his/her interactions with the Member, is satisfied that the Member understands that his conduct was inappropriate.
- 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. The Member failed to maintain the standards of the profession and engaged in conduct unbecoming a member of the profession by acting in a verbally and emotionally abusive manner toward a colleague. The Committee agreed that a reprimand and the imposition of terms, conditions and limitations on the Member’s certificate is an appropriate resolution for conduct of this nature.
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 engaging in harassing and abusive 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: June 17, 2013
Vicki Shannon, OCT
Chair, Discipline Panel
Stefanie Achkewich, OCT
Member, Discipline Panel
John Tucker
Member, Discipline Panel