DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Staunton, 2013 ONOCT 86 Date: 2013-04-09

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

Rebecca Jane Staunton, OCT, a member of the Ontario College of Teachers.

PANEL: John Tucker, Chair Alexander (Sandy) Bass, OCT

Christine Bellini, OCT

BETWEEN: )

) Shane D’Souza,

) McCarthy Tétrault LLP,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,

) assisted by Bev Hodsdon,

) Law Clerk

• and - )

) Rebecca Jane Staunton

REBECCA JANE STAUNTON ) was not present or represented

(CERTIFICATE #421751) )

) Rebecca Durcan,

) Steinecke Maciura LeBlanc,

) Independent Legal Counsel

) Heard: April 9, 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 January 18, 2011.

The Member, Rebecca Jane Staunton was not in attendance.

THE ALLEGATIONS

The allegations against Rebecca Jane Staunton in the Notice of Hearing, (Exhibit 1) dated January 18, 2011 are as follows:

IT IS ALLEGED that Rebecca Jane Staunton 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 abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(c) she abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3);

(d) 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);

(e) 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

(f) she 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 was to proceed to a hearing and that the Member had signed an Undertaking and Acknowledgement that was in the public interest.

Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Rebecca Jane Staunton as set out in the Notice of Hearing dated January 18, 2011 in exchange for the Undertaking and Acknowledgement of the Member as follows:

1. The Member will resign as a member of the Ontario College of Teachers effective April 9, 2013.

2. The Member undertakes that she will never seek reinstatement of her Certificate of Qualification and Registration.

3. The Member undertakes never to teach again in any public or private school in Ontario which requires membership in the Ontario College of Teachers.

4. The Member understands that a breach of this Undertaking and Acknowledgement may constitute professional misconduct.

5. The Member acknowledges that the Public Register of the Ontario College of Teachers will reflect the fact that the status of her Certificate of Qualification and Registration will be “Resigned-Cancelled” and the notation will read as follows:

“On April 9, 2013, the Member resigned her membership with the Ontario College of Teachers and has undertaken never to teach again in any public or private school in Ontario or to seek reinstatement of her Certificate of Qualification and Registration. The Member resigned her membership while a disciplinary proceeding was pending”.

6. The Member acknowledges that she understands the scope, purpose and effect of her execution of this Undertaking and Acknowledgement and executes the same 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 specific Notation on the Public Register of a Member resigning while a disciplinary proceeding was pending, is not equivalent to a member who resigns in good standing. The public will see the Notation on the Member’s file as part of the College’s transparent disciplinary process. The Committee concludes that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgement in these circumstances is reasonable and serves to protect the public interest.

Date: April 9, 2013

John Tucker

Chair, Discipline Panel

Alexander (Sandy) Bass, OCT

Member, Discipline Panel

Christine Bellini, OCT

Member, Discipline Panel