Ontario College of Teachers v. Timmons, 2014 ONOCT 104

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Timmons, 2014 ONOCT 104

Date: 2014-12-19

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

Karen Anne Timmons, a member of the Ontario College of Teachers

PANEL: Monique Lapalme Arseneault, Chair Jean-Luc Bernard, OCT Louis Sloan, OCT

BETWEEN:

ONTARIO COLLEGE OF TEACHERS Joanne Excellent, Legal Counsel, for Ontario College of Teachers

• and -

KAREN ANNE TIMMONS (CERTIFICATE # 253539) James Cameron, Raven, Cameron, Ballantyne, & Yazbeck LLP for Karen Anne Timmons

Renée Kopp, Jones Harley LLP, Independent Legal Counsel

Heard: December 12, 2014

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on December 12, 2014 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing (Exhibit 1) dated July 22, 2013 was served on Karen Anne Timmons (the “Member”) requesting her presence on August 19, 2013 to set a date for a hearing and specifying the allegations. The hearing was subsequently set for December 12, 2014.

The Member was in attendance at the hearing.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated July 22, 2013 are as follows:

IT IS ALLEGED that Karen Anne Timmons is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (the “Act”) in that:

(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);

(b) she 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);

(c) she 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

(d) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).

College Counsel tendered the Membership Information for Karen Anne Timmons (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 1988 and that she was registered with the College during the period of the alleged events.

MEMORANDUM OF AGREEMENT

Counsel for the College advised the Committee that an agreement had been reached between the parties and introduced a Memorandum of Agreement (Exhibit 3) dated January 9, 2014 (the “MOA”), which provides as follows:

Agreed Statement of Facts

The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.

1. At all material times, the Member was employed by the Ottawa Catholic School Board (the “Board”) as Vice-Principal at Notre Dame High School (the “School”).

2. Karen Anne Timmons is a retired member of the College.

3. In May 2011, the School began experiencing some money irregularities. In early June 2011, a camera was installed at the school as part of their investigation.

4. On September 16, 2011, the Member was recorded via video surveillance, on two separate occasions, removing money out of an envelope in the room that contained a safe. On one such occasion, the amount of $200.00 was taken from the envelope.

5. On September 22, 2011, the Member attended a meeting at the Board office to discuss the issues of concern at the School. The Member was represented by her Association at this meeting. On this date the Member was advised by the Board that she was suspended with pay.

6. On September 23, 2011, another meeting took place at the Board office. Again, the Member was represented by her Association. The Member explained that the money which was removed from the envelope was used to purchase various items for the School, such as plants, loose leaf paper, a pencil sharpener, 15 locks, and planters in the staff room. The Member was asked by the Board why she did not use her purchasing card. The Member explained to the Board that she was three reports behind with reconciliation and there were items on her cards that her children incurred as they used the card by accident. The Member could not respond to the Board when asked why she went back a second time.

7. A Board document dated October 15, 2012 states that Ms. Timmons admitted to theft.

8. On October 25, 2012, the Member resigned from the Board.

9. By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing issued on July 22, 2013.

10. The Member voluntarily admits the above particulars and understands that by doing so, she is waiving the right to require the College to prove the case against her and the right to a contested hearing.

Joint Submission on Resolution

The parties agree to resolve the matter as follows:

1. The parties agree and undertake that upon ratification of this MOA, there shall be no further action taken, no appeal of any or all of the terms of this agreement, and no application for judicial review, providing the terms of this MOA are adhered to.

2. The parties agree and understand that if any phrase or paragraph of this MOA is deemed null and void, the MOA shall be read as though the phrase or paragraph that was stricken from the MOA and the amended MOA shall remain in force and effect.

3. The Member agrees and understands that for the purpose of considering this matter, the Discipline Committee will be provided with this MOA and the Notice of Hearing, which will be marked as Exhibits and will constitute the evidence upon which the guilty plea will be accepted, the finding of guilt will be made, and the penalty will be imposed.

4. The Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find her guilty of professional misconduct and she shall receive a reprimand from the Committee.

5. The Member shall appear before the Committee immediately following the hearing of this matter to receive a reprimand, and the fact of the reprimand is to be recorded on the College’s public Register. The reprimand shall be delivered at the offices of the College located at 101 Bloor Street West, Toronto, Ontario.

6. The Member agrees and undertakes to, prior to seeking or engaging in employment where a Certificate of Qualification and Registration is required, successfully complete, at her own expense, a course of instruction in ethics, pre-approved by the Registrar. The Member’s Certificate of Qualification and Registration will be subject to terms, conditions or limitations.

7. The Member agrees and undertakes to provide the Registrar with written confirmation of her successful completion of this course, prepared by the course practitioner, within 30 calendar days of completion. The course practitioner will also confirm that he/she has reviewed the decision and MOA before commencing the course and that, based on his/her interactions with the Member, he/she is satisfied that the Member understands that her conduct was inappropriate.

8. The Member agrees and understands that upon ratification of this MOA, a notation shall be placed on the Public Register, maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. This information will also be contained on the Certificate of Qualification and Registration, Public Register, and Statement of Professional Standing. There may be amendments made to these documents and the Public Register to reflect this agreement between the parties, including amendments to the Member’s Status, Status History and noting that her certificate is subject to terms, conditions or limitations;

9. The Member agrees and understands that the College shall publish, with the Member’s name, a summary of the complaint and its resolution as contained in this MOA. Such publication shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College web site, and in any other manner the Registrar deems appropriate. The parties have not agreed on whether or not the Member’s name and/or any identifying information should be included and submissions will be made on that issue;

10. The Member agrees and understands that upon ratification of this MOA, the College shall make the Decision and Reasons of the Discipline Committee available for review by the public in the College’s Margaret Wilson Library, on the College’s website and in any other forum the Registrar deems appropriate.

11. The Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw and/or any other on-line legal database.

12. The Member agrees and understands that this MOA is the entire agreement between her and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MOA.

13. Each party may sign a separate copy of this MOA which, when so signed and delivered, shall be an original copy even though not signed by the other parties. All such separately signed copies shall together constitute evidence of all parties’ consent to be bound by this agreement.

DECISION

Having examined the exhibits filed, and based on the Memorandum of Agreement, the Member’s guilty plea and the submissions made by Counsel for the College and Counsel for the Member, the Committee ratifies the Memorandum of Agreement. The Committee finds that Karen Anne Timmons committed acts of professional misconduct as alleged, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).

REASONS FOR DECISION

Through the MOA, the Member agreed to the truth and accuracy of the facts contained in the MOA and waived her right to require the College to prove the case against her. The Committee accepts the particulars set out in the MOA as well as the Member’s guilty plea and finds the Member guilty of professional misconduct.

On September 16, 2011, the Member was recorded via video surveillance, on two separate occasions, removing money from an envelope in a room that contained a safe. On one such occasion, the amount of $200.00 was taken from the envelope. On September 22, 2011, the Member was suspended with pay. At a meeting with the Board on September 23, 2011, the Member attempted to explain why she had taken the money instead of using her purchasing card. The Member could not respond to the Board when asked why she went back a second time. The Member agrees, in a Board document dated October 15, 2012, that she admitted to theft. She subsequently resigned from the Board on October 25, 2012.

The Committee finds that the Member has failed to conduct herself in accordance with her professional and ethical obligations. As a vice-principal the Member was in a position of trust and added responsibility. The Member had a duty to serve as a leader and role model for the students, teachers and the parents of her school, as well as the larger school community and to manage funds ethically and to maintain proper accounting records. The Member failed in this duty.

By her actions, the Committee finds that Karen Anne Timmons committed acts of professional misconduct as alleged, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).

SUBMISSIONS ON PUBLICATION

Submissions of Counsel for the College

Counsel for the College submitted that the Member’s name should be published in the official publication of the College, Professionally Speaking/Pour parler profession.

Counsel for the College cited three factors for publication with name:

1. General Deterrence;

2. Specific Deterrence; and

3. Transparency and protection of the public interest.

Counsel for the College submitted that members should know that stealing, no matter the amount, results in serious consequences that should serve as a general deterrent. Counsel for the College further submitted that teachers are required to uphold a higher standard especially when public funds are at risk.

Counsel for the College stated that publication with name is necessary in this case as it aligns with past decisions.

Counsel for the College presented two cases in support of the College’s position that the Member’s name should be published.

It was the College’s position that publication with name is in keeping with the openness and transparency of Discipline Committee proceedings.

Submissions of Counsel for the Member

Counsel for the Member reminded the Committee that it had the discretion whether or not to publish the Member’s name in Professionally Speaking/Pour parler profession.

According to Counsel for the Member, the Committee must balance the harm to the Member against the interests of openness and transparency in deciding whether to publish with or without name. Counsel for the Member further submitted that publication with name is not essential to attain general and specific deterrence.

The Member described, in detail, the significant financial, emotional, and psychological impact that these events and their resulting consequences have already had on her and her family. According to the Member, publication with name would provide no further value to the College and would cause her significant harm as she tries to rebuild her life emotionally and financially.

RESOLUTION

1. The Member is directed to appear before the Committee immediately following the hearing of this matter to receive a reprimand, and the fact of the reprimand is to be recorded on the Register of the College (the “Register”).

2. The Registrar is directed to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register until such time as they are fulfilled:

   (i) before seeking or engaging in employment where a Certificate of Qualification and Registration is required, the Member is to successfully complete, at her own expense, a course of instruction in ethics, to be pre-approved by the Registrar;

   (ii) within thirty (30) days of completion of the course outlined in (i) above, the Member shall provide the Registrar with a written certificate from the course provider stating that:

   (a) the course provider has reviewed a copy of the Memorandum of Agreement made an exhibit at the hearing of this matter, as well as the Decision and Reasons of the Discipline Committee; and

   (b) the Member has successfully completed the course.

3. The findings and orders 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 RESOLUTION

The Committee carefully considered and accepted the Joint Submission on Resolution. The Committee determined that the reprimand and course work are appropriate resolutions for misconduct of this nature.

The Committee also carefully considered the submissions of the parties with respect to publication, with or without the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.

The Committee determined that publication of the findings and order, with the name of the Member, was appropriate in the circumstances of this case. The Member admitted that theft of school funds is a serious breach of trust by a member of the profession.

The Committee determined that publication with the Member’s name also acts as a specific deterrent, assures transparency and accountability of the disciplinary process and reinforces the mandate of the College to serve and protect the public interest. Publication with name serves as a general deterrent and reminds the profession that such behaviour is not acceptable and has consequences. Publication of the decision and findings of the Committee, with the name of the Member, also serves to inform the public that the College takes seriously its obligation to impose appropriate sanctions on members of the profession who conduct themselves in an unethical and unprofessional manner.

The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.

Date: December 19, 2014

Monique Lapalme Arseneault Chair, Discipline Panel

Jean-Luc Bernard, OCT Member, Discipline Panel

Louis Sloan, OCT Member, Discipline Panel