DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996,
c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against
Jacobus Petrus M. Vollering, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair Jean-Luc Bernard, OCT
Wes Vickers, OCT
BETWEEN: )
) David Leonard,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Annie Lacroix,
) Law Clerk
- and - )
) Jacobus Petrus M. Vollering,
JACOBUS PETRUS M. VOLLERING ) on his own behalf
(CERTIFICATE #117063) )
) Marc Spector,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: December 9, 2014
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing (Exhibit 1) dated June 12, 2014.
The Member, Jacobus Petrus M. Vollering was in attendance.
THE ALLEGATIONS
The allegations against Jacobus Petrus M. Vollering in the Notice of Hearing, dated June 12, 2014 are as follows:
IT IS ALLEGED that Jacobus Petrus M. Vollering is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of 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 abused a student physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) he abused a student psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) he 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;
(e) 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);
(f) 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
(g) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
Counsel for the College submitted that the College was seeking to withdraw the Notice of Hearing in exchange for an undertaking signed by the Member. Counsel for the College stated that if the matter were to proceed to a hearing, there would be no reasonable prospect of obtaining a finding of professional misconduct against the Member.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Jacobus Petrus M. Vollering set out in the Notice of Hearing dated June 12, 2014 in exchange for the following Undertaking and Acknowledgment of the Member:
The Member will resign as a member of the Ontario College of Teachers with immediate effect.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes that he will never teach again in any public or private school in Ontario which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking and Acknowledgment may constitute professional misconduct and that in those circumstances, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges that the Public Register of the Ontario College of Teachers will reflect the fact that the status of his Certificate of Qualification and Registration will be “Resigned-Cancelled” and the notation will read as follows:
“On December 9, 2014, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending”.
- The Member acknowledges that he understands the scope, purpose and effect of his execution of this Undertaking and Acknowledgement and executes the same voluntarily, unequivocally, and without the advice of legal counsel.
Independent Legal Counsel advised the Committee that it had jurisdiction to make the order requested pursuant to Section 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
The Committee concludes that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment in these circumstances is reasonable and serves to protect the public interest.
Date: December 16, 2014
Robert Gagné,
Chair, Discipline Panel
Jean-Luc Bernard, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel