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
Trace Russell Teeple, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair Stefanie Achkewich, OCT
Louis Sloan, OCT
BETWEEN: ) ) Larissa Moscu,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Law Clerk
- and – )
) Trace Russell Teeple was ) not present or represented
TRACE RUSSELL TEEPLE )
(CERTIFICATE #250173) )
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: May 2, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter was scheduled for hearing before a panel of the Discipline Committee (the “Committee”) on May 2, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing (Exhibit 1), dated January 10, 2014 was served on Trace Russell Teeple, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on February 19, 2014 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for May 2, 2014.
The Member was not in attendance at the hearing.
Counsel for the College submitted an Affidavit of Daniela De Bartolo, Law Clerk at McCarthy Tétrault, sworn April 24, 2014 (Exhibit 2) detailing communications she had with the Member with respect to the date and time of the hearing. The Committee was satisfied from the Affidavit that the Member was personally served with the Notice of Hearing and all disclosure documents and was aware of the time and date of the hearing. The hearing was scheduled to commence at 11:00 a.m. but did not commence until 12:40 p.m. The Committee therefore proceeded to hear the matter in the absence of the Member.
THE ALLEGATIONS
The allegations against Trace Russell Teeple (the “Member”) in the Notice of Hearing are as follows:
IT IS ALLEGED that Trace Russell Teeple is guilty of professional misconduct as defined in subsection 30(2) 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 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);
(c) 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);
(d) 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);
(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).
PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS:
Trace Russell Teeple (the “Member”) is a member of the Ontario College of Teachers.
At all material times, the Member was employed by the Halton District School Board as a teacher at Burlington Central High School in Burlington, Ontario.
During the 2009 calendar year, the Member was in possession of child pornography.
On or about September 17, 2012, the Member was found guilty of the charge that he between the 1st day of January, in the year 2009, and the 16th day of October, in the year 2009, both dates inclusive, at the City of Burlington, possessed child pornography, to wit: images depicting a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, contrary to Section 163.1(4) of the Criminal Code (Canada).
On or about April 24, 2013, the Member was sentenced to forty-five (45) days in jail and twenty-four (24) months’ probation.
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. Trace Russell Teeple, (Exhibit 4).
The Brief of Court Documents (Exhibit 4) with respect to the criminal proceedings contained the following documents:
TAB
DOCUMENT
PAGE No.
A.
Certified Copy of Indictment dated 10 August 2011
1-8
B.
Certified Copy of Order for Disposition of Property dated 24 Apr 2013
1
C.
Certified Copy of Probation Order dated 24 Apr 2013
1-5
D.
Certified Copy of Prohibition Order dated 24 Apr 2013
1
E.
Transcript of Proceedings at Guilty Plea before Mr. Justice B. Durno at Milton dated 17 September 2012
1-15
F.
Transcript of Reasons for Sentence before Mr. Justice B. Durno at Milton dated 24 April 2013
1-27
The evidence presented in the Brief of Court Documents (Exhibit 4) confirmed that on or about September 17, 2012, the Member was found guilty of the charge that he between the 1st day of January, in the year 2009, and the 16th day of October, in the year 2009, both dates inclusive, at the City of Burlington, possessed child pornography, to wit: images depicting a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, contrary to Section 163.1(4) of the Criminal Code (Canada). On or about April 24, 2013, the Member was sentenced to forty-five (45) days in jail and twenty-four (24) months’ probation.
SUBMISSIONS ON FINDING
College Counsel submitted the Brief of Court documents (Exhibit 4) in support of the allegations in the Notice of Hearing. College Counsel assured the Committee that the Member was represented by counsel in the criminal proceedings; that he pleaded guilty to the possession of child pornography and was fully informed and aware of the significance and implications of this guilty plea. Counsel submitted that the Member’s conviction of possession of child pornography was a basis on which to make a finding on all of 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 Trace Russell Teeple committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(16), 1(17), 1(18) and 1(19).
REASONS FOR DECISION
The Committee accepts as fact, as detailed in the Brief of Court Documents contained within Exhibit 4, that on September 17, 2012, the Member pleaded guilty to being in possession of child pornography and on April 24, 2013 was sentenced to forty-five (45) days in jail and twenty-four (24) months’ probation.
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 has not appealed the conviction or the sentence.
The Committee finds that the Member’s possession of child pornography and his resultant criminal conviction for possession of child pornography constitute acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(16), 1(17), 1(18) and 1(19).
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 misconduct of this nature. Counsel denounced possession of child pornography noting its insidious nature and allows for a market of child exploitation and abuse.
Counsel for the College summarized the aggravating factors outlined by Justice B.Durno in the criminal proceedings. Cases of child pornography create a cycle of re-victimization of young children. The mere fact that people consume child pornography creates the demand which is the cause of this child abuse. Secondly, the images were viewed repeatedly by the Member over a period of months. Third, there were multiple images of children, including infants and young children under the age of 6 years.
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 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 Member has exhibited such an insidious breach of trust that he has forfeited the right to be a member of the teaching profession. Revocation sends a message to the public and the teaching profession that this kind of behaviour will not be tolerated.
The Member was charged under the Criminal Code (Canada) and convicted of possession of child pornography. Possession of child pornography is a crime against children and perpetuates a market which thrives on the abuse of children.
The Committee finds that the Member, by possessing child pornography and by being convicted of possession of child pornography, is not suitable to be in a position of trust and authority over children. The Member has brought the profession into disrepute and has lost the trust of the public.
The Member has been convicted, incarcerated, and sentenced to probation for a period of two years. In addition, a Prohibition Order is in place for a period of 10 years, prohibiting the Member from using a computer for the purpose of communicating with a person under the age of sixteen years of age. This Member should not be permitted to teach in Ontario. His Certificate of Qualification and Registration must be revoked.
Publication of the findings and order of the Committee, in summary, with the name of the Member, in Professionally Speaking/Pour parler profession provides both a specific deterrent to the Member and a general deterrent to the profession while advising and serving the public interest. It assures the public that the College will not tolerate such behaviour and will ensure that this type of misconduct is dealt with severely.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Dated: May 2, 2014
______________________________ Robert Gagné
Chair, Discipline Panel ___________________ Stefanie Achkewich, OCT Member, Discipline Panel
Louis Sloan, OCT
Member, Discipline Panel