Ontario College of Teachers v. Baytor, 2013 ONOCT 8

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Baytor, 2013 ONOCT 8

Date: 2013-03-27

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

Terry (Terence) Paul Baytor, Member of the Ontario College of Teachers.

PANEL: Pauline Smart, Chair

Monika Ferenczy, OCT

Darlene Mead, OCT

BETWEEN: ) ) Martin Zatovkanuk,

) Legal Counsel,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers )

• and – )

) Terry (Terence) Paul Baytor

TERRY (TERENCE) PAUL BAYTOR ) was not present or represented

(CERTIFICATE #156980) )

) Julie Maciura,

) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: March 26, 2013

DECISION, REASONS FOR DECISION AND ORDER

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on March 26, 2013 at the Ontario College of Teachers (the “College”) at Toronto.

Terry (Terence) Paul Baytor (the “Member”) was not in attendance at the hearing nor was he represented.

A Notice of Hearing dated January 18, 2013 was served on the Member, requesting attendance before the Discipline Committee of the Ontario College of Teachers on February 13, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for March 26, 2013.

THE ALLEGATIONS

The allegations in the Notice of Hearing (Exhibit 1), dated January 18, 2013 are as follows:

IT IS ALLEGED that Terry (Terence) Paul Baytor 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 failed to keep records as required by his professional duties, contrary to Ontario Regulation 437/97, subsection 1(10);

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

d) 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);

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).

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. On November 18, 2010, the College received a letter of notification from the Toronto District School Board (the “Board”), concerning the Member, a former Principal at Martingrove Collegiate Institute (the “School”) with the Board, pursuant to its obligations under section 43.3(1)(c) of the Ontario College of Teachers Act, 1996.

2. According to the Toronto Police, between January 2005 and December 2009, the Member wrote himself cheques totalling $16,000 from a non-public school account which held proceeds from various sources, and for which he held signing authority. Over the same period, the Member made only partial deposits into the account, leaving an additional $72,500.00 unaccounted for.

3. On October 11, 2011, the Member agreed to repay the Board $58,400, in complete satisfaction of all amounts misappropriated, mismanaged or otherwise misused by the Member.

4. In December 2009, the Member retired from the Board. He was subsequently employed as a Principal at a private school.

5. In November 2010, the Member was charged with one count of Theft over $5,000 and one count of Fraud over $5,000.

6. On November 22, 2011, the Member pled guilty to one count of Theft Over $5,000. The second count of Fraud Over $5,000, which related to the cheques written by the Member for $16,000, had been previously withdrawn. The Member was given a conditional sentence for a period of 18 months. For the first 12 months of the conditional sentence, the Member was to remain on house arrest, and abide by a curfew for the remaining six months. The Member was also ordered to perform 100 hours of community service work.

7. In his response to the College’s investigation, the Member stated as follows: “Regardless, whether I disagree with the charges, the dollar amounts, how they were arrived at, and subjective assumptions, I deeply regret and apologize for mismanaging the school fund”.

8. On March 27, 2012, the Member retired from the College.

9. By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on January 18, 2013, and in so doing, accepts as true the particulars set out in this section of the MOA.

10. 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:

1. the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct and, pursuant to subsection 30(4) of the Ontario College of Teachers Act, 1996, will direct the Registrar to revoke his certificate of qualification and registration effective immediately;

2. the Member agrees and understands that upon ratification of this MOA, he shall immediately surrender his certificate of qualification and registration to the Registrar;

3. the Member agrees and undertakes that upon ratification of this MOA, he shall not apply to the College for reinstatement and for a new certificate of qualification and registration for a period of two years from the date of the ratification of this MOA;

4. the Member agrees and understands that should he apply for reinstatement and a new certificate of qualification and registration, pursuant to section 33 of the Ontario College of Teachers Act, 1996, the Discipline Committee shall review this MOA in considering the Member’s application;

5. 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;

6. 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 summary shall include the Member’s name;

7. the Member agrees and understands that upon ratification of this MOA, the College shall make the Decision and Reasons 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;

8. the Member agrees and understands that upon ratification of this MOA, the College shall submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw, an online legal database;

9. the Member agrees and understands that upon ratification of this MOA, the College will provide notice of the revocation of the Member’s certificate of qualification and registration to any school board, any Canadian teacher federation or affiliate the Ontario Directors of Education and Heads of Private Schools, and the teacher licensing and governing bodies in Canada and elsewhere who are routinely notified by the College of such disciplinary action;

10. 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;

11. 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;

12. 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;

13. the Member agrees that he has freely elected not to obtain representation from independent legal counsel or other representative, despite encouragement of College staff;

14. the Member agrees and understands that should he breach this MOA by seeking or engaging in employment where a certificate of qualification and registration is required, the College may provide a copy of this MOA to any employer, licensing body, or education authority who inquires about the Member’s record with the College;

15. the parties agree and undertake that upon ratification of this MOA, there shall be no further action taken, no appeal to any forum, and no application for judicial review of the terms of the MOA; and,

16. each party may sign a separate copy of this MOA which, when so signed and delivered, shall be an original copy even though not signed by the other parties. All such separately signed copies shall together constitute evidence of all parties’ consent to be bound by this 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, 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 Terry (Terence) Paul Baytor committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(10), 1(12), 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).

The Committee accepts that between January 2005 and December 2009, the Member, a principal at the School, wrote himself cheques totalling $16,000 from a non-public school account which contained funds from various sources including school fundraising activities and vending machine funds. During that same period, the Member made only partial deposits into the account, leaving an additional $72,500 unaccounted for.

The Member was charged with theft over $5000 and fraud over $5000 contrary to the Criminal Code (Canada) and subsequently, pleaded guilty to theft over $5000 in a criminal court. The second count of fraud over $5000 was withdrawn. The Member was sentenced to a conditional sentence of eighteen (18) months. The Member was ordered to be under house arrest for the first twelve (12) months of the sentence, followed by six (6) months of abiding by a curfew. The Member was also ordered to perform 100 hours of community service.

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(10), 1(12), 1(15), 1(18) and 1(19).

PENALTY DECISION

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

1. The Registrar is directed to revoke the Member’s Certificate of Qualification and Registration effective immediately.

2. 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.

3. Pursuant to subsection 7 of section 30 of the Act, the Member shall not apply to the College for reinstatement and for a new certificate of Qualification and Registration for a period of two years from March 26, 2013.

REASONS FOR PENALTY DECISION

The Committee accepted the joint submission on resolution which included publishing the findings and Order in the official publication of the College, Professionally Speaking/Pour parler profession with the name of the Member.

The Member’s actions were a serious breach of trust and brought the reputation of the profession into disrepute. The Committee is satisfied that the severity of the Member’s misconduct warrants revocation of his certificate.

Publication of the findings and order, with the Member’s name, even though he is retired, responds to the need for transparency and accountability and serves the public interest, as well as informing the profession. 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: March 27, 2013

Pauline Smart

Chair, Discipline Panel

______________________________ Monika Ferenczy, OCT

Member, Discipline Panel ______________________________

Darlene Mead, OCT

Member, Discipline Panel