DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996 (the “Act”) and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Coralia Esterra Tudor, OCT, a member of the Ontario College of Teachers
PANEL: Christine Bellini, OCT, Chair Robert Gagné Louis Sloan, OCT
BETWEEN: )
) Joanne Excellent,
) Legal Counsel,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers
- and - )
) Heather Ann McConnell,
CORALIA ESTERRA TUDOR ) Sack Goldblatt Mitchell LLP,
(CERTIFICATE # 503457) ) for Coralia Esterra Tudor
) Marc Spector,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: May 14, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 14, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated September 13, 2013 was served on Coralia Esterra Tudor (the “Member”) requesting her presence on September 26, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for May 14, 2014.
Neither the Member or her Counsel were in attendance.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated September 13, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Coralia Esterra Tudor is guilty of professional misconduct and/or is incompetent as defined in subsections 30(2) and 30(3) of 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); and
(c) she displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of students of a nature or extent that demonstrates that the member is either unfit to carry out her professional responsibilities or that the member’s certificate should be made subject to terms, conditions or limitations.
Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs (a) and (b) of the Notice of Hearing (Exhibit 1) be withdrawn. The Committee considered this request and authorized the withdrawal of allegations (a) and (b), namely subsections 1(5) and 1(15) of Ontario Regulation 437/97.
College counsel tendered a Proof of Membership document (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 2006 and that she is currently a member in good standing.
MEMORANDUM OF AGREEMENT
Counsel for the College advised the Committee that an agreement was reached between the parties and introduced a Memorandum of Agreement (the “MOA”) (Exhibit 3), 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.
The Member commenced employment with the Board on September 1, 2007, as a Core French teacher for Grades 4 to 8 at Hagersville Elementary School.
The Member received a performance appraisal under the New Teacher Induction Program on December 6, 2007, indicating that development was needed.
An Enrichment Plan was initiated on December 11, 2007.
An in-class observation was performed by the Hagersville Elementary School administration on March 17, 2008, with respect to the Member’s second performance appraisal.
In April 2008, the Member began a medical leave and did not return to work for the balance of the 2007/2008 academic year.
The Member was re-assigned to Lansdowne School for the 2008/2009 academic year to teach a Grade 2 class.
On September 24, 2008, the Member received a second Summative Report pertaining to the class observation conducted in March 2008, indicating a rating of unsatisfactory. An Improvement Plan was initiated.
Furthermore, the Member was informed in writing of her placement on review status.
In or about the end of September 2008, the Member took a medical leave.
On or about November 10, 2008, the Member returned to work on a half-time basis.
The Board continued the Member’s appraisal process upon her return to the Grade 2 class on a half-time basis. On January 27, 2009, the Member received a third consecutive unsatisfactory performance appraisal.
The performance appraisals noted concerns in the following areas: lesson planning; curriculum/lesson delivery; communication; and evaluation and assessment.
The Member was placed on home assignment, with pay, pending the Board’s decision to terminate her employment.
On February 5, 2009, the Member’s employment was terminated by the Board.
By this document, the Member pleads to incompetence as alleged in the Notice of Hearing, issued on September 13, 2013.
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:
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.
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.
The Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall make a finding of incompetence against her.
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 plea will be accepted, the finding will be made, and the order will be imposed.
The Member agrees and understands that, prior to seeking or engaging in employment where a Certificate of Qualification and Registration is required, she shall, at her own expense, successfully complete a course of instruction, pre-approved by the Registrar. The course must be an Accredited Additional Basic Qualification or Additional Qualification course.
The Member agrees and undertakes to provide the Registrar with written confirmation of her successful completion of the course described above, prepared by the course practitioner, within 30 calendar days of completion.
The Member agrees and understands that, until such time as the requirements of paragraphs 21, 22 and 24 are fulfilled, the Member’s Certificate of Qualification and Registration shall be subject to Terms, Conditions and Limitations.
The Member agrees and undertakes to provide the Registrar with a copy of her next Performance Appraisal, within 30 calendar days of the completion.
The Member agrees and understands that if the Registrar is provided with an unsatisfactory Performance Appraisal with respect to her conduct, he has the discretion to initiate an additional complaint against her.
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. There may also be other amendments made to the Public Register to reflect this agreement between the Parties, including amendments to the Member’s Status, Status History and Terms, Conditions and Limitations.
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.
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.
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.
The Member confirms that she understands the nature and effect of this MOA and that she has obtained independent legal advice in this regard.
The Parties agree that a signed fax or other copy of this MOA shall have the same force and effect as the original of this document.
The Parties agree that this MOA may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
DECISION
Having examined the exhibits filed, and based on the Memorandum of Agreement, the plea of incompetence, and the submissions made by counsel for the College, the Committee ratifies the Memorandum of Agreement. The Committee finds the Member to be incompetent in that she displayed a lack of knowledge, skill or judgment and/or disregard for the welfare of students of a nature or extent that demonstrates that the Member is unfit to continue to carry out her professional responsibilities or that her certificate should be made subject to terms, conditions or limitations.
REASONS FOR DECISION
The Committee finds the Member to be incompetent, having accepted the Member’s plea and the agreed facts contained in the signed MOA (Exhibit 3).
The Memorandum of Agreement confirms that the Member received three Teacher Performance Appraisals under the New Teacher Induction Program between December 2007 and January 2009. On each occasion, the Member’s performance was deemed to be “unsatisfactory” in the areas of lesson planning, curriculum/lesson delivery, communication, evaluation and assessment. Subsequently, the Member’s employment with the Board was terminated.
This evidence, to which the Member has admitted, allows the Committee to conclude that a finding of incompetence is appropriate in this matter.
RESOLUTION
The Committee accepts the Joint Submission on Resolution and makes the following order:
- The Registrar is directed to impose the following terms, conditions and limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions and limitations to be recorded on the Register of the College until such time as they are fulfilled:
(i) Before seeking or engaging in employment requiring a Certificate of Registration and Qualification, the Member is to successfully complete, at her own expense, an Accredited Additional Basic Qualification or Additional Qualification course, to be pre-approved by the Registrar.
(ii) The Member must provide the Registrar with written confirmation of her successful completion of this course, prepared by the course practitioner, within thirty calendar days of the completion.
(iii) The Member must provide the Registrar with a copy of her next Performance Appraisal, within thirty calendar days of its completion.
REASONS FOR RESOLUTION
The Committee carefully considered and accepted the Joint Submission on Resolution.
The Member has acknowledged incompetence in her teaching practice. The Member is required to complete an Additional Qualification or Additional Basic Qualification course prior to resuming any teaching responsibilities in publicly funded schools in Ontario. This will assist the Member in acquiring the necessary skills to improve her practice and reinforce her awareness of the competencies expected of a teacher.
The Committee is satisfied that the public interest is served by imposing these terms, conditions and limitations on the Member’s certificate.
Date: May 14, 2014 ________________________________
Christine Bellini, OCT
Chair, Discipline Panel
Robert Gagné
Member, Discipline Panel
Louis Sloan, OCT
Member, Discipline Panel