DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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 Terence Kazuo Takashima, a member of the Ontario College of Teachers.
PANEL: Christine Bellini, OCT, Chair Stefanie Achkewich, OCT Mel Greif
BETWEEN:
ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Law Clerk
-and-
TERENCE KAZUO TAKASHIMA (CERTIFICATE #170055) Selwyn Baboolal, Oumarally Baboolal LLP for Terence Kazuo Takashima
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: June 17, 2014
PENALTY DECISION AND REASONS FOR PENALTY
On May 14, 2014, a panel of the Discipline Committee (the “Committee”) rendered a written decision finding Terence Kazuo Takashima (the “Member”) guilty of professional misconduct.
The Committee considered the evidence, onus and standard of proof as well as the submissions made by the parties and ultimately found that the facts supported a finding of professional misconduct. There was clear, cogent and convincing evidence that the Member engaged in oral sex with a student. Therefore, the Committee determined that the Member:
a) failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
b) abused a student psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
c) abused a student sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student as defined in section 1 of the Act;
d) failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
e) 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) engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
Further the Committee found that the Member engaged in sexual abuse of a student or students of a nature defined in sections 1 and 40(1.1) of the Act.
The Committee reconvened the hearing on June 17, 2014 to hear submissions on the issue of penalty. The Member was present during the penalty hearing.
SUBMISSIONS OF COLLEGE COUNSEL
College Counsel submitted that the appropriate penalty would be for the Committee to revoke the Member’s Certificate of Qualification and Registration and to publish a summary of the case in the College’s official magazine, Professionally Speaking/Pour parler profession, with the Member’s name.
Counsel for the College argued that revocation is appropriate, given that the Member has committed the most egregious breach of trust that a teacher can commit. The Member sexually abused a student and took advantage of his position as the student’s coach for his own sexual gratification.
College Counsel stated that there have been numerous cases before the Discipline Committee where teachers have had their teaching certificate revoked for having engaged in sexual abuse. In the College’s view, revocation and publication with name would meet the penalty goals of specific deterrence to the Member, preventing him from being in a position of trust or authority with children again. These measures would also serve as a general deterrent to the profession at large. Counsel for the College further stated that revocation is the only way to protect Ontario students and instill confidence in the public, informing it that the Committee will deal with matters of sexual abuse appropriately.
Counsel for the College submitted that publication with name is appropriate as it is consistent with the openness and transparency of discipline proceedings and the seriousness of the misconduct committed.
College Counsel presented the Committee with a June 24, 2013 Discipline Committee decision in which a teacher engaged in an inappropriate personal relationship with a student and attempted sexual contact with this student on one occasion. Counsel for the College stated that this case illustrates that sexual abuse of any nature warrants revocation. Revocation is not just reserved for sexual abuse involving sexual intercourse or a continual sexual relationship with a student.
SUBMISSIONS OF MEMBER’S COUNSEL
Counsel for the Member submitted that since the incident, the Member has not worked as a teacher in Ontario and is therefore not earning a livelihood in the profession. Member’s Counsel highlighted the issue of “procedural fairness” in that the Member has had this matter “hanging over his head” for the past four years. The Member is no longer working, and this case has proved to be a significant hardship for him, and it was “time for closure”. Counsel for the Member asserted that publishing the Member’s name in the College’s magazine “has no merit”.
Member’s Counsel stated that the Discipline Committee case presented by College Counsel is different from the present matter as there were more incidents of inappropriate contact in the 2013 case, including text messages and meetings with a student outside of school.
REPLY SUBMISSIONS OF COLLEGE COUNSEL
College Counsel made arguments with regard to procedural fairness and the length of time that this case has taken to come to completion. College Counsel cited that the Notice of Hearing was published in 2013, and the hearing was set for 2014 with a timeframe for 12 months, which he characterized as “not inordinate”.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Committee directs the Registrar to revoke the Certificate of Qualification and Registration of the Member; and
The findings and order of the Committee shall be published in summary form, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
Revocation is the appropriate penalty for misconduct of this severity. The Member abused his position as a teacher and coach by choosing to engage in an inappropriate and sexual relationship with a student. Such acts are generally referred to as “the most egregious breach of trust between a teacher and a student under his care”. The Member has therefore forfeited the privilege of holding a teaching certificate and being a member of the teaching profession.
As the Member’s actions comprised the most serious breach of trust, publication with name in these circumstances is warranted and appropriate. The Committee determined that publication with the Member’s name is necessary in order to provide specific deterrence to the Member and general deterrence to the teaching profession. The public and the teaching profession will take note of the response of the Committee in serious matters of sexual abuse.
The Committee determined that the Member’s arguments for non-publication were not sufficiently compelling to outweigh the need for student and public protection and openness in such a serious case of misconduct.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Dated: June 17, 2014
Christine Bellini, OCT Chair, Discipline Panel
Stefanie Achkewich, OCT Member, Discipline Panel
Mel Greif Member, Discipline Panel