Ontario College of Teachers v. Maheux, 2013 ONOCT 99

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Maheux, 2013 ONOCT 99

Date: 2013-12-11

IN THE MATTER OF the Ontario College of Teachers Act, 1996, and the Regulation (Ontario Regulation 437/97) thereunder;

AND IN THE MATTER OF a discipline proceeding against

Dale Vincent Gerald Maheux, a member of the Ontario College of Teachers.

PANEL: Christine Bellini, OCT, Chair Monique Lapalme Arseneault

Louis Sloan, OCT

BETWEEN: ) ) David Leonard,

) McCarthy Tétrault LLP, ) for Ontario College of Teachers,

ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,

) Law Clerk

• and – )

) Dale Vincent Gerald Maheux was ) not present or represented

DALE VINCENT GERALD MAHEUX )

(CERTIFICATE #537156) )

) Julie Maciura,

) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: December 11, 2013

DECISION, REASONS FOR DECISION AND ORDERS

This matter was scheduled for hearing before a panel of the Discipline Committee (the “Committee”) on December 11, 2013 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing (Exhibit 1), dated September 23, 2013 was served on Dale Vincent Gerald Maheux, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on October 18, 2013 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for December 11, 2013.

The Member did not appear, nor was he represented.

Counsel for the College submitted an Affidavit of Daniela De Bartolo, Law Clerk at McCarthy Tétrault, sworn December 6, 2013 (Exhibit 2) detailing service of documents and communications she had sent to the Member with respect to the date and time of the hearing. The Committee was satisfied with the evidence in the Affidavit that the Member had been properly served with the Notice of Hearing and all disclosure documents and was aware of the time and date of the hearing and the penalty being sought.

The Committee therefore proceeded to hear the matter in the absence of the Member, commencing at 11:20 a.m., an hour past the time scheduled for the hearing.

THE ALLEGATIONS

The allegations against Dale Vincent Gerald Maheux (the “Member”) in the Notice of Hearing are as follows:

IT IS ALLEGED that Dale Vincent Gerald Maheux is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of the Ontario College of Teachers Act (the “Act”) 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 physically contrary to Ontario Regulation 437/97, subsection 1(7.1);

(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(d) 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;

(e) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);

(f) he contravened a law the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(g) he contravened a law, the contravention of which may cause a student to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);

(h) 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

(i) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).

PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS:

1. Dale Vincent Gerald Maheux (the “Member”) is a member of the Ontario College of Teachers.

2. At all material times, the Member was employed by the Lambton District School Board (the “Board”) as a teacher in [XXX], Ontario.

3. The Member had inappropriate physical contact with a [XXX] year old female person (“Person A”) in that he:

(a) rubbed the back of her legs with his hands;

(b) touched her buttocks with his hand and/or hand.

4. The Member had sexual contact with Person A in that he:

(a) touched her vagina with his hand;

(b) had Person A touch his penis with her hand.

5. On or about November 20, 2012, the Member was found guilty of the following charges:

(a) on or about the 18th day of July in the year 2011 at the [XXX] in the said Region, did commit a sexual assault on Person A contrary to Section 271 of the Criminal Code (Canada);

(b) on or about the 18th day of July in the year 2011 at the [XXX] in the said Region, did for a sexual purpose touch Person A, a person under the age of [XXX] directly with a part of his body, to wit his penis with her hand and her vagina with his hand, contrary to Section 151(a) of the Criminal Code (Canada).

6. On or about April 29, 2013, the Member was sentenced to six (6) months imprisonment.

7. The Member has not appealed the conviction and/or sentence.

PUBLICATION BAN

A non-publication order (Exhibit 4, Tab A) was issued under subsection 486.4 of the Criminal Code (Canada), in the proceedings in the Ontario Court of Justice. The Committee is therefore required to uphold this publication ban imposed in the matter of Her Majesty The Queen v. Dale Vincent Maheux by the Ontario Court of Justice. There shall be no publication of any information that might tend to identify the victim or witnesses involved in this matter.

MEMBER’S PLEA

As the Member was not present or represented by counsel, the Committee proceeded on the basis that the Member denied the allegations set out in the Notice of Hearing. The Chair, on behalf of the Member, entered a plea of not guilty to the allegations.

THE EVIDENCE

College Counsel entered into evidence the following additional documents:

Registered Member Information (Exhibit 3); and

Brief of Court Documents - Her Majesty The Queen v. Dale Vincent Maheux (Exhibit 4).

The Brief of Court Documents (Exhibit 4) with respect to the criminal proceedings contained the following documents:

TAB

DOCUMENT

PAGE No.

A.

Warning and Certified Copy of Information dated 19 July 2011

1-7

B.

Certified Copy of Prohibition Order Imposed at Sentencing dated 29 April 2013

Certified Copy of Prohibition Order dated 29 April 2013

1-2

1

C.

Transcript of Reasons for Judgment before Mr. Justice G. DeMarco at Windsor dated 20 November 2012

1-10

D.

Transcript of Proceedings at Guilty Plea (and Sentencing) before Mr. Justice G. DeMarco at Windsor dated 29 April 2013

1-49

The evidence presented in the Brief of Court Documents (Exhibit 4) confirmed that on or about November 20, 2012, the Member was found guilty of the charges that, on or about the 18th day of July in the year 2011 at the [XXX] in the said Region, did commit a sexual assault on Person A contrary to Section 271 of the Criminal Code (Canada); and on or about the 18th day of July in the year 2011 at the [XXX] in the said Region, did for a sexual purpose touch Person A, a person under the age of [XXX] directly with a part of his body, to wit his penis with her hand and her vagina with his hand, contrary to Section 151(a) of the Criminal Code (Canada).

On April 29, 2013, the Member was sentenced to six (6) months imprisonment.

SUBMISSIONS ON FINDING

College Counsel submitted the Brief of Court documents (Exhibit 4) in support of the allegations in the Notice of Hearing. The Member was represented by counsel in the criminal proceedings.

College Counsel made submissions that the Member’s conduct was egregious and an atrocious breach of trust. The Member’s behaviour was disgraceful, dishonourable and unprofessional, and College Counsel stated that there was sufficient evidence to warrant a finding of professional misconduct under all the heads of misconduct alleged in the Notice of Hearing.

DECISION

Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Dale Vincent Gerald Maheux committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(7.2), 1(7.3), 1 (15), 1(16), 1 (17), 1(18) and 1(19).

The Committee further finds that the Member engaged in sexual abuse of a student as defined in section 1 and subsection 40(1.1) of the Act.

REASONS FOR DECISION

The Committee accepts as fact, as detailed in the Brief of Court Documents contained within Exhibit 4, that on November 20, 2012 the Member was convicted of sexual assault and sexual interference and on April 29, 2013 was sentenced to six months imprisonment. The Member has not appealed the criminal convictions and sentence.

The law of evidence and Rules 13.03 and 13.04 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee of the Ontario College of Teachers allow the Committee to accept a certificate of conviction as proof that an offence was committed by a person, where there is a finding of guilt and conviction in a Canadian court, provided that there is no evidence to the contrary and that no appeal has been granted.

The Member sexually assaulted a [XXX] year old female person, for which he was criminally convicted and sentenced to six (6) months imprisonment.

The Committee finds that the Member’s actions and attendant criminal convictions for sexual assault and sexual interference of the victim constitute acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1),1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19) and further that the Member engaged in sexual abuse of a student as defined in section 1 and subsection 40(1.1) of the Act.

SUBMISSIONS ON PENALTY

College Counsel submitted that revocation of the Member’s Certificate of Qualification and Registration, and publication with name was the appropriate penalty for the gravity of the misconduct. The Member has exhibited such an egregious breach of trust that he has forfeited the right to be a member of the teaching profession. Therefore revocation is the only way to ensure that this Member will never engage in this conduct again. Revocation sends a message to the public and the teaching profession that this kind of behaviour is abhorrent and will not be tolerated and in doing so, confidence in the profession and the public will be restored.

PENALTY DECISION

The Committee makes the following order as to penalty:

a) The Registrar of the Ontario College of Teachers is directed to revoke the Certificate of Qualification and Registration of the Member; and

b) There shall be publication of the findings and order of the Committee, in summary form, with the name of the Member, in the official publication of the College Professionally Speaking/Pour parler profession.

REASONS FOR PENALTY

The Member sexually assaulted a [XXX] year-old female person, for which he was subsequently convicted criminally and sentenced to prison for six (6) months.

The Committee concurs with the submissions of College Counsel on penalty that the Member’s certificate must be revoked and the findings and order be published, in summary with the name of the Member.

The Committee finds that the Member engaged in reprehensible, predatory conduct. Not only did the Member sexually abuse the victim, he psychologically abused her. The victim impact statement (Exhibit 4, Tab D) shows the harm suffered by the victim and her family, and how it destroyed her life and made her feel like the accused. Removing this Member from the teaching profession protects students and restores public confidence in the profession. Any penalty short of revocation for such an egregious act would bring the College into disrepute.

Publication with name advises the profession that misconduct of this severity will result in the most serious penalty. The Member has forfeited the privilege of holding a teaching certificate.

The Committee is satisfied that the finding and penalty protects the public interest and upholds the standards of the teaching profession.

Dated: December 11, 2013

______________________________ Christine Bellini, OCT

Chair, Discipline Panel ______________________________ Monique Lapalme Arseneault Member, Discipline Panel

Louis Sloan, OCT

Member, Discipline Panel