DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
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
Steven James Boardman, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Louis Sloan, OCT
Hanno Weinberger, OCT
BETWEEN: )
) David Leonard,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Daniela DeBartolo,
) Litigation Paraprofessional
- and - )
) Simon Blackstone,
STEVEN JAMES BOARDMAN ) Ursel Fellows Phillips
(CERTIFICATE #471779) ) Hopkinson LLP,
) for Steven James Boardman
) Marc Spector,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: February 27, 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 July 29, 2010.
The Member, Steven James Boardman, was not in attendance.
THE ALLEGATIONS
The allegations against Steven James Boardman in the Notice of Hearing, (Exhibit 1) dated July 29, 2010 are as follows:
IT IS ALLEGED that Steven James Boardman is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of the Ontario College Teachers Act 1966, in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(c) he abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3);
(d) he 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) 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);
(f) he engaged in conduct unbecoming a member contrary to Ontario Regulation 437/97, subsection 1(19); and
(g) he engaged in sexual abuse of a student or students of the nature defined in sections 1 and 40(1.1) of the Act.
Counsel for the College advised and the Member’s counsel concurred that the Member no longer holds a teaching certificate, is no longer a resident of Canada and has no intention to teach again in the future.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Steven James Boardman set out in the Notice of Hearing dated July 29, 2010 in exchange for the Undertaking and Acknowledgment of the Member as follows:
The Member will resign as a member of the Ontario College of Teachers.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes never to teach again in any public or private school in Ontario which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking and Acknowledgment may constitute professional misconduct and in those circumstances, the Ontario College of Teachers will be at liberty to reinstitute these proceedings.
The Member acknowledges that the Public Register of the Ontario College of Teachers will reflect the fact that the status of his Certificate of Qualification and Registration will be “Resigned-Cancelled” and the notation will read as follows:
“On February 27, 2013, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending”.
- The Member acknowledges that he understands about the scope, purpose and effect of his execution of this Undertaking and Acknowledgment 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 Committee concludes that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment and the notation placed on the Public Register of the Ontario College of Teachers is appropriate and serves to protect the public interest.
Date: February 27, 2013
John Tucker
Chair, Discipline Panel
Louis Sloan, OCT
Member, Discipline Panel
Hanno Weinberger, OCT
Member, Discipline Panel