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
Jan Ralf Vandermeer, OCT, a member of the Ontario College of Teachers.
PANEL: Louis Sloan, OCT, Chair Stefanie Achkewich, OCT Monique Lapalme Arseneault
BETWEEN: ) Andrew Matheson,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
- and – )
JAN RALF VANDERMEER, OCT ) Gordon Scott Campbell,
(CERTIFICATE #481632) ) Solicitor ) for Jan Ralf Vandermeer, OCT
) Julie Maciura
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: August 11, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on August 11, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated May 24, 2013 was served on Jan Ralf Vandermeer (the “Member”), requesting his presence on June 12, 2013 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for August 11, 2014.
The Member was in attendance.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated May 24, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Jan Ralf Vandermeer is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (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 subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(c) 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);
(d) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
AGREED STATEMENT OF FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides as follows:
At all material times, Jan Ralf Vandermeer (“the Member”) was a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all materials times, the Member was employed as a secondary school teacher at the Delores D. Echum Composite School (“the School”), in Moose Factory.
In or about the period January to February 2012, the Member:
(a) visited a pornographic website on his school laptop computer (“the School Computer”);
(b) downloaded or accessed a pornographic video on the School Computer;
(c) did not adequately control student access to the School Computer knowing that pornographic material had been downloaded or accessed on the School Computer.
If the Member were to testify, he would say that when he accessed the pornographic material on the School Computer, he was not at the School nor connected to the School`s computer network. He would also say that he mistakenly believed he had completely deleted the pornographic material before he brought the School Computer into the classroom.
In or about January 2012, a student accessing the School Computer during a class taught by the Member saw the title of a video file, link or reference in the browser file history entitled “Dirty Girl 201” or “Dirty Girl 2011”;
On or about February 2 to 8, 2012, the School Computer was examined by School officials. In addition to education related files, the following files, links or references were located in the browser file history on the School Computer:
(a) Dirty Girl 2011 (a non-pornographic theatrically-released film);
(b) Moms Teaching Teens – Mandy and Carly (a pornographic movie about a mother teaching her adolescent daughter how to perform sexual acts; despite the subject matter, this movie is not categorized as child pornography).
A copy of a screenshot taken from the School Computer on February 2, 2012 is attached hereto as Exhibit “B”.
- On or about February 10, 2012, the Member resigned from teaching at the School, as he believed that to be in the best interests of the students, School and community.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 7 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts referred to above constitute conduct which is professional misconduct and admits the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he understands that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;
(e) he understands that any agreement between his counsel and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel
- In light of the Admitted Facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Having considered the evidence, onus and standard of proof, and the submissions made by counsel for the College and counsel for the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Jan Ralf Vandermeer committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).
REASONS FOR DECISION
The Member acknowledged that the Admitted Facts in the Agreed Statement of Facts and Guilty Plea (Exhibit 2) constitute conduct which is professional misconduct and pleaded guilty to the allegations of professional misconduct against him. The Committee accepts the Member’s guilty plea and the facts contained in the Agreed Statement of Facts and Guilty Plea.
The Member visited a pornographic website on his school laptop, accessed or downloaded a pornographic video on his school laptop and did not adequately control student access to his laptop, knowing that pornographic material had been downloaded or accessed.
In light of the Member’s behaviour and the plea of guilt, the Committee finds that the Member committed acts of professional misconduct, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).
JOINT SUBMISSION ON PENALTY
Counsel for the College and counsel for the Member submitted a Joint Submission on Penalty (Exhibit 3) indicating the following:
The Ontario College of Teachers and the Member jointly submit that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:
directs that the Member appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
directs the Registrar to suspend the Certificate of Qualification and Registration of the Member for a period of two (2) months commencing on the date of the Order of the Discipline Committee relating to this matter and the fact of the suspension is to be recorded on the Register.
directs that there be publication of the findings and Order of the Committee in summary form in the official publication of the College, Professionally Speaking/Pour parler profession. The parties have not agreed on whether or not the Member’s name should be included and submissions will be made on that issue.
SUBMISSIONS ON PUBLICATION
Submissions of College Counsel
Counsel for the College submitted that the Member’s name should be published in Professionally Speaking/Pour parler profession. Publication serves as a specific deterrent to the Member, acts as a general deterrent to the profession and is in the public interest. Publication with name is consistent with the principles of deterrence.
College Counsel presented two prior cases of the Discipline Committee, involving more egregious misconduct where publication of the name was ordered. Counsel stated that these cases were precedents and it is entirely appropriate to direct publication of the Member’s name in this case.
College Counsel submitted that the Member is involved in community work. Not publishing the name represents a risk to the community; there should be more respect for the community and the community should be made fully aware of the outcome of this case.
Submissions of Member’s Counsel
Counsel for the Member requested that the Member’s name not be published. Counsel stated that the Member has taught for ten (10) years and there is no history of disciplinary actions. He was in a position of trust in the community and once confronted by the allegations, the Member voluntarily resigned his employment. Counsel submitted that the Member had not engaged in illegal activity. Counsel indicated that the two-month penalty was at the high end of the range of penalty given that his offence was for the improper use of a laptop and the risk that students could potentially have been exposed to pornography.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Member is required 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 College Register.
The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of two (2) months commencing on August 11, 2014, the date of the Order of the Discipline Committee relating to this matter, and the fact of the suspension is to be recorded on the Register.
The findings and orders of the Committee shall be published in summary form, without the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Member visited, accessed or downloaded pornographic material on his school laptop. The Member did not adequately control student access to this laptop and subsequently a student, while accessing the school laptop during a class taught by the Member, saw the title of a video file, link or reference in the browser file history entitled “Dirty Girl 201” or “Dirty Girl 2011.” Upon examination by School officials, it was determined that this film was a non-pornographic theatrically-released film. Upon further examination, a pornographic movie was located in the browser file history of the School computer; however no student accessed this film.
The Committee accepted the joint submission on penalty and concurred that a two-month suspension and reprimand was appropriate given the nature of the Member’s misconduct.
The Committee ordered publication of the findings and orders without the name of the Member. The totality of the penalty includes a two-month suspension with financial consequences to the Member; a reprimand and a notation on the Public Register which the Member will have to personally explain to any potential employer. These penalties act as both a specific deterrent to the Member and as general deterrence to the teaching profession. The Member voluntarily resigned from the School, thereby taking responsibility for his poor judgment and professional misconduct. The Committee considered that although there was potential risk to students, none ensued.
The Committee is satisfied that the public interest is protected through publication of the findings and orders and the totality of the penalties ordered.
Date: August 11, 2014
Louis Sloan, OCT Chair, Discipline Panel
Stefanie Achkewich, OCT
Member, Discipline Panel
Monique Lapalme Arseneault
Member, Discipline Panel