Ontario College of Teachers v Thomas, 2013 ONOCT 91

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Thomas, 2013 ONOCT 91 Date: 2013-02-28

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 Mitchell Khalil Thomas, OCT, a member of the Ontario College of Teachers.

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

BETWEEN:

ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Bev Hodsdon, Law Clerk

• and -

MITCHELL KHALIL THOMAS (CERTIFICATE #520095) Nadia Liva, for Mitchell Khalil Thomas

Erica Richler, Steinecke Maciura LeBlanc, Independent Legal Counsel

Heard: February 28, 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 February 15, 2012.

Mitchell Khalil Thomas (the "Member") was not in attendance.

THE ALLEGATIONS

The allegations against Mitchell Khalil Thomas in the Notice of Hearing, (Exhibit 1) dated February 15, 2012 are as follows:

IT IS ALLEGED that Mitchell Khalil Thomas is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of the Ontario College Teachers Act 1996, 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) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;

(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, subsections 1(14) and 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).

Counsel for the College advised that the key witness for the prosecution of the matter is reluctant to participate in a hearing, and therefore it would be unlikely that there would be a finding of professional misconduct if the matter was to proceed to a hearing.

Counsel for the Member submitted that the Member is in agreement with the proposed resolution.

Having considered the submissions of Counsel for the College and Counsel for the Member, the Committee authorizes the College to withdraw the allegations of professional misconduct against Mitchell Khalil Thomas set out in the Notice of Hearing dated February 15, 2012 in exchange for the Undertaking and Acknowledgment of the Member as follows:

1. The Member will resign as a member of the Ontario College of Teachers.

2. The Member undertakes that he will never seek reinstatement of his 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 Acknowledgment may constitute professional misconduct and in that those circumstances, the Ontario College of Teachers will be at liberty to reinstitute these proceedings.

5. 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 28, 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".

6. 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 in these circumstances is reasonable. Publication of the terms of the Member's Undertaking and Acknowledgement on the Public Register serves and protects the public interest.

Date: February 28, 2013

Danny Anckle Chair, Discipline Panel

Alexander (Sandy) Bass, OCT Member, Discipline Panel

John Tucker Member, Discipline Panel