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 David George Whitehead, OCT, a member of the Ontario College of Teachers.
PANEL: Louis Sloan, OCT, Chair Mel Greif Annilee Jarvis, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Caroline Zayid, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela DeBartolo, Litigation Paraprofessional
- and -
DAVID GEORGE WHITEHEAD (CERTIFICATE #138633) Joshua Phillips, Ursel Fellows Phillips Hopkinson LLP, for David George Whitehead
Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: January 24, 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 May 2, 2012.
The Member, David George Whitehead was not in attendance.
THE ALLEGATIONS
The allegations against David George Whitehead in the Notice of Hearing, (Exhibit 1) dated May 2, 2012 are as follows:
IT IS ALLEGED that David George Whitehead is guilty of professional misconduct as defined in subsection 30(2) 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 physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he 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);
(d) 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
(e) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19);
Counsel for the College advised and the Member’s counsel concurred that it would be unlikely that there would be a finding of professional misconduct if the matter was to proceed to a hearing.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against David George Whitehead set out in the Notice of Hearing dated May 2, 2012 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 not 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.
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 January 24, 2013, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or 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 in these circumstances is reasonable and serves to protect the public interest.
Date: January 24, 2013
Louis Sloan Chair, Discipline Panel
Mel Greif Member, Discipline Panel
Annilee Jarvis, OCT Member, Discipline Panel