DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Spoltore, 2013 ONOCT 85
Date: 2013-04-18
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 Andrea Joan Spoltore, OCT, a member of the Ontario College of Teachers.
PANEL:
Christine Bellini, OCT, Chair
William (Bill) Kirkwood
Louis Sloan, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
Caroline Zayid, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Litigation Paraprofessional
- and -
ANDREA JOAN SPOLTORE (CERTIFICATE #204848)
Mandy Wojcik, Sack Goldblatt Mitchell LLP, for Andrea Joan Spoltore
Erica Richler, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: April 18, 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 March 22, 2011.
The Member, Andrea Joan Spoltore was not in attendance.
THE ALLEGATIONS
The allegations against Andrea Joan Spoltore in the Notice of Hearing, (Exhibit 1) dated March 22, 2011 are as follows:
IT IS ALLEGED that Andrea Joan Spoltore is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College Teachers Act 1966, in that:
(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(c) she 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
(d) she engaged in conduct unbecoming a member contrary to Ontario Regulation 437/97, subsection 1(19).
Having reviewed the facts of this case, College counsel sought to withdraw the allegations of professional misconduct set out in the Notice of Hearing. College counsel determined that there was no evidence to support the allegations. She indicated that should the matter proceed to a hearing, there was no reasonable prospect of obtaining a finding of professional misconduct. Counsel for the Member concurred.
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.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Andrea Joan Spoltore as set out in the Notice of Hearing dated March 22, 2011.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: April 18, 2013
Christine Bellini, OCT
Chair, Discipline Panel
William (Bill) Kirkwood
Member, Discipline Panel
Louis Sloan, OCT
Member, Discipline Panel