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 Tiffany Dawn Sacco, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Alexander (Sandy) Bass, OCT Monika Ferenczy, OCT
BETWEEN: ) ) David Leonard, ) McCarthy Tétrault LLP, ) for Ontario College of Teachers, ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo, ) Litigation Paraprofessional -and- ) ) Tiffany Dawn Sacco was not ) present, nor was she represented TIFFANY DAWN SACCO ) (CERTIFICATE #472802) ) ) Julie Maciura, ) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) Heard: May 14, 2013
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 14, 2013 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing, dated June 25, 2012 was served on Tiffany Dawn Sacco (the “Member”), requesting her presence on July 16, 2012 to set a date for hearing, and specifying the charges. The hearing was subsequently set for May 14, 2013.
Tiffany Dawn Sacco was not in attendance.
THE ALLEGATIONS
IT IS ALLEGED that Tiffany Dawn Sacco is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act (the “Act”) in that:
(a) she provided false information and/or documents to the College or any other person with respect to the Member’s professional qualifications, contrary to Ontario Regulation 437/97, subsection 1(1);
(b) she inappropriately used a term, title and/or designation indicating a specialization in the profession which was not specified on the Member’s Certificate of Qualification and Registration, contrary to Ontario Regulation 437/97, subsection 1(2);
(c) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(d) she signed and/or issued, in the Member’s professional capacity, a document that she knew and/or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);
(e) she falsified a record that was related to the Member’s professional responsibilities, contrary to Ontario Regulation 437/97, subsection 1(13);
(f) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) thereof, contrary to Ontario Regulation 437/97, subsection 1(15);
(g) she committed acts or omissions 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
(h) she engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS:
Tiffany Dawn Sacco (the “Member”) is a member of the Ontario College of Teachers.
At all material times, the Member was employed by the District School Board of Niagara (the “Board”) as teacher at Rose Seaton Public School (the “School”) in Fort Erie, Ontario.
In or about May 2011, the Member:
a. falsely advised the Board that she had completed the Additional Qualification French as a Second Language, Part I at Queen’s University;
b. conveyed information and/or documents to the Board which she falsely claimed to have received from Queen’s University.
- The Member resigned her employment with the Board effective August 31, 2011.
College Counsel submitted into evidence an Affidavit of Daniela De Bartolo, sworn May 10, 2013 (Exhibit 2). The Affidavit confirmed that the Member had been properly served with the Notice of Hearing, Disclosure Brief and Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee on June 28, 2012. The Member was provided with a letter of notification advising her of the scheduled date, place and time of the hearing. This letter was personally served on the Member on March 13, 2013. On April 25, 2013, the Member was personally served with a letter advising her of the names of the witnesses that the College intended to examine at the hearing. This letter also outlined the penalty that the College would propose should the Committee make a finding of professional misconduct. The Member was subsequently provided with another letter advising of a change in the witness list and re-confirming the dates of the hearing. This letter was sent via overnight courier and regular mail on April 26, 2013. There was no response from the Member to any communications.
The Committee was satisfied that the Member was duly informed of the date and time of the hearing. Nonetheless, the Committee delayed the commencement of the hearing until 9:30 a.m. in case the Member was late.
MEMBER’S PLEA
As the Member was neither present nor represented by counsel, the Committee proceeded on the basis that the Member denied the allegations as set out in the Notice of Hearing. The Chair, on behalf of the Member, entered a plea of not guilty to the allegations.
THE EVIDENCE
The College called three witnesses: Cindy Kohinski, Heather Bove and Jessica Della-Latta.
Evidence of Cindy Kohinski
In March 2011, Cindy Kohinski assumed the role of acting principal of the School. Ms. Kohinski testified that as part of her entry plan into this position, she focused on building relationships with the teachers at the School by engaging in “walk throughs” of the classes. Ms. Kohinski stated that the Member was a half-time teacher, who taught French every afternoon. Ms. Kohinski gave evidence that during her “walk throughs” of the Member’s class, she observed the Member instructing an intermediate class using junior level curriculum. Ms. Kohinski observed that the Member would speak more in English and utilize the SmartBoard for the French component. Ms. Kohinski testified that she had concerns about the Member’s ability to teach the French as a Second Language (“FSL”) curriculum.
The Member was declared surplus in April 2011 and Ms. Kohinski testified that the Member applied for another job posting within the Board for which she was unsuccessful. In May 2011, Ms. Kohinski received a phone call from another principal calling her to provide a reference for the Member. Ms. Kohinski stated that the Member had not asked her to be a reference and requested from the principal who called her, a copy of the resumé forwarded for the posting.
Upon receipt of the resumé, Ms. Kohinski noticed the Additional Qualification of FSL Part 1, Reading Part 1 and a notation that Reading Part 2 was in progress. She checked the Member’s qualifications on the Public Register only to find that the Member did not have FSL Part 1 noted on her Certificate of Qualification and Registration. Ms. Kohinski testified that she expected to see FSL Part 1 and Reading Part 1. The absence of FSL Part 1 was a concern to her as the Member had taught French for several years at the School. Ms. Kohinski communicated this concern to the Superintendant of Human Resources for verification of the accuracy of the information presented on the Ontario College of Teachers Public Register. Ms. Kohinski stated that she did not speak to the Member regarding the discrepancy and left the investigation to Human Resources personnel.
Evidence of Heather Bove
Heather Bove is a Human Resources Specialist employed by the Board for the past thirty-four (34) years. At the material time, Ms. Bove was employed as the Staffing Manager of the Human Resources department responsible for teacher staffing for the Elementary and Secondary Schools within the Board. Ms. Bove testified that the matter came to her attention when the Superintendant of Human Resources asked her to investigate the Member’s qualifications. Ms. Bove affirmed that the Member had been teaching French from 2009 to 2011.
A Principal from another school within the Board contacted the Human Resources Superintendant to verify the correct job posting process, attaching an e-mail from the Member as proof of completion of the mandatory qualification of FSL Part 1 (Exhibit 5, page 2). Ms. Bove testified that the e-mail provided by the Member was not the typical way or form that confirmation of completing a course is communicated by Queen’s University. Ms. Bove testified that she communicated with the Member to receive proof of her completion of FSL Part 1 (Exhibit 5, pages 4, 5, 6 and 7). Ms. Bove stated that she was concerned that the information that the Member provided only confirmed admission status not completion status of the course. Ms. Bove testified that through e-mail communication, she continued to pursue information regarding the Member’s successful completion of FSL Part 1 to no avail (Exhibit 5, pages 11 to 18).
Ms. Bove’s request to receive documentation regarding the FSL course completion by June 17, 2011 went unanswered. The last e-mail exchanges between Ms. Bove and the Member were regarding a request for leave of absence and subsequent resignation from the Board.
Evidence of Jessica Della-Latta
Jessica Della-Latta is employed as a Senior Registration Officer with the Faculty of Education at Queen’s University. Ms. Della-Latta testified that she is responsible for overseeing registration of Additional Basic Qualification (“ABQ”) and Additional Qualification (“AQ”) courses at the Faculty. Ms. Della-Latta processes all information and grades related to courses, including forwarding recommendations to the Ontario College of Teachers for uploading new credentials on the Public Register. Ms. Della-Latta testified that she is the contact person for any omissions, irregularities or errors that may occur during the processing of a student’s documentation.
Ms. Della-Latta testified that she did not receive any communication from the Member about any errors with her registration, course completion and certification regarding the FSL Part 1 course. Had the Member done so, there would have been a record in her administrative system, as anyone making such inquiries would receive a response. Ms. Della-Latta added that these types of inquiries are few and she would have remembered the Member’s name.
The administrative system of the University records all course registrations that have been completed or incompleted and courses that have been completed, incompleted or failed. The only trace of any completed course for the Member was Reading Part 1 and a registration for ESL Part 1, which was denied due to non-payment of fees (Exhibits 6, 7 and 8).
Ms. Della-Latta confirmed that the e-mail sent to the principal of the school where the Member applied for a position, as proof of completion of FSL Part 1, did not come from Queen’s University (Exhibit 5, page 2). Ms. Della-Latta added that the person referred to in the e-mail was not a member of the Faculty and that the “gmail” address used in the e-mail would not have been used by Queen’s University.
Ms. Della-Latta stated that the e-mail sent on May 18, 2011 to the Human Resources department by the Member displayed the format of a system-generated e-mail for approved admission, but that some content had been altered. The term “registered” under Admission Status is not a term used by the University, the Student Number was altered and did not have the correct number of digits and format, and the term “online” is not used for Location. Ms. Della-Latta testified that the Member would have received a similar e-mail for her ESL Part 1 course registration and that this e-mail could have been altered.
Ms. Della-Latta confirmed that the information Ms. Kohinski had provided to the Human Resources department regarding FSL Part 1 course session dates were accurate and that the marks for the Winter session would have been submitted to the Ontario College of Teachers by the end of April 2011 (Exhibit 5, page 9).
The Exhibits:
Exhibit # 1 Notice of Hearing dated June 25, 2012
Exhibit # 2 Affidavit of Daniela De Bartolo sworn May 10, 2013
Exhibit # 3 Resumé of Tiffany Sacco
Exhibit # 4 Registration Information of Tiffany Dawn Sacco
Exhibit # 5 Package of E-mails (23 pages)
Exhibit # 6 Academic Program History of Tiffany Sacco
Exhibit # 7 Records Activity Search
Exhibit # 8 Screenshots from Administrative Application Data
SUBMISSIONS ON FINDING - COLLEGE COUNSEL
College Counsel provided closing submissions and rationale on each allegation as contained in the Notice of Hearing.
a) Providing false information and/or documents with respect to professional qualifications: The Member’s resumé was demonstrably false and the Member’s altered and fictitious e-mail communications were an attempt to cover up her falsified resumé;
b) Inappropriate use of a term, title and/or designation indicating a specialization in the profession: The Member required a specialized qualification (FSL) to teach French as a Second Language curriculum. The FSL notation in her e-mail signature and on her resumé was a falsehood;
c) Failing to maintain the standards of the profession: Lying and altering documentation is below the standards of the profession;
d) Issuing in the Member’s professional capacity a document containing a false, improper or misleading statement: The Member’s falsified resumé and various e-mails contained within Exhibit 5 were all issued in her professional capacity;
e) Falsifying a record related to professional responsibilities: The Member’s falsified resumé and altered Queen’s University e-mails were referenced;
f) Failing to comply with the Education Act: The Member failed in her responsibility to be a role model in society;
g) Committing acts contrary to Ontario Regulation 437/97 subsection 1(18): College Counsel submitted that the Member’s behaviour was dishonourable and unprofessional but did not rise to the level of being disgraceful;
h) Conduct unbecoming a member: Lying and falsifying documents are conduct unbecoming a member of the profession.
College Counsel submitted that the Committee received no evidence from the Member to the contrary.
DECISION
Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Tiffany Dawn Sacco committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(1), 1(2), 1(5), 1(12), 1(13), 1(15), 1(18)-(dishonourable and unprofessional) and 1(19).
REASONS FOR DECISION
The Committee received compelling testimony from three witnesses supported by documented evidence detailing the Member’s falsehoods and evasions throughout the investigation process by the Human Resources department of the Board. The Committee finds that it is more likely than not that the Member engaged in professional misconduct. The Member falsely advised the Board that she had completed the Additional Qualification course, FSL Part 1, at Queen’s University, and conveyed information and/or documents to her Board which she falsely claimed to have received from Queen’s University.
The Committee finds the Member’s behaviour to be dishonourable, unprofessional and is conduct unbecoming a member. Her transgressions were not to the extent that the Committee would consider them disgraceful.
The Committee finds that the College has met its onus of proof demonstrating on a balance of probabilities that the Member did engage in professional misconduct.
SUBMISSIONS ON PENALTY - COLLEGE COUNSEL
College Counsel submitted that the appropriate penalty should include a reprimand, a suspension of the Member’s Certificate of Qualification and Registration between three to six months duration, terms, conditions and/or limitations on the Member’s Certificate including completing a course in professional ethics prior to returning to the classroom and publication with the Member’s name in the official publication of the College, Professionally Speaking/Pour parler profession.
Counsel provided the Committee with two cases of similar behaviour by members of the College, however this particular case was more serious due to the duration, scope and magnitude of the deception.
Counsel submitted that the proposed penalty met the goal of specific deterrence in that the suspension and the reprimand would send the message to the Member that such behaviour would not be tolerated and dealt with severely. Publication will act as a general deterrent to members of the profession as it will provide notice to members who are tempted to falsify information about their professional qualifications, is professional misconduct and will not be tolerated. The coursework is aimed at rehabilitating the Member in ensuring that she receives instruction regarding professional ethics. The reprimand serves as an opportunity for the Discipline Committee to express concern and condemnation of her behaviour, and to instruct the Member in her future endeavours.
Counsel submitted that there a series of aggravating factors in this case. The Member’s falsehoods were ongoing even when she was confronted. The Member falsified documents and provided no explanation to her employer when requested. As the Member did not appear at the hearing, there was no indication of remorse and no understanding that her behaviour was inappropriate. Counsel submitted that there were no mitigating factors as the Member did not attend the hearing to make submissions. Counsel concluded that this case warrants a harsh penalty.
PENALTY DECISION
The Committee makes the following order as to penalty:
a) The Member is directed to appear before the Committee on a date to be set by the Registrar, which will be more than thirty (30) days from May 14, 2013 and less than ninety (90) days from May 14, 2013, to receive a reprimand and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
b) The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of four (4) months commencing on May 14, 2013 and the fact of the suspension is to be recorded on the Register;
c) The Registrar is directed to impose the following terms, conditions, and limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions, or limitations to be recorded on the Register until such time as they are fulfilled:
i. Prior to commencing any position that requires a Certificate of Qualification and Registration, the Member shall enroll in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding professional ethics;
ii. Within thirty (30) days of her completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:
A. he or she reviewed a copy of the Decision, Reasons and Orders of the Discipline Committee; and
B. the Member has successfully completed the course.
d) The Committee directs that there be publication of the findings and Order of the Committee, in summary form with the name of the member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Committee finds that the penalty proposed by College Counsel is the appropriate consequence to the Member’s actions. The two cases presented by Counsel were taken into consideration and given that the Member’s ongoing deceitful intent compounded her actions, the Committee decided that a more severe penalty was appropriate. The Committee agrees that a reprimand, a suspension of four months and the imposition of terms, conditions and/or limitations on the Member’s Certificate is the appropriate penalty for her professional misconduct.
The Committee agrees that the reprimand, suspension and publication with the Member’s name meet the goals of specific and general deterrence. The coursework for the Member will serve as a rehabilitative function.
The public expects to have qualified members of the profession teaching their children in the classroom. The Committee will not condone the falsification of documents of qualifications by members of the profession.
The Committee is confident that the penalty is appropriate and that it serves and protects the public interest.
Dated: May 15, 2013
______________________________
John Tucker, Chair, Discipline Panel
______________________________ Alexander (Sandy) Bass, OCT Member, Discipline Panel
______________________________
Monika Ferenczy, OCT Member, Discipline Panel