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 James Duncan Whitehead, a member of the Ontario College of Teachers.
PANEL: Christine Bellini, OCT, Chair Stefanie Achkewich, OCT Jean-Luc Bernard, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela DeBartolo, Law Clerk
- and -
JAMES DUNCAN WHITEHEAD (CERTIFICATE #104622) James Duncan Whitehead, on his own behalf
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: June 16, 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 dated June 27, 2012.
The Member, James Duncan Whitehead was not in attendance or represented by counsel.
THE ALLEGATIONS
The allegations against James Duncan Whitehead in the Notice of Hearing, (Exhibit 1) dated June 27, 2012 are as follows:
IT IS ALLEGED that James Duncan Whitehead is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College Teachers Act 1966, 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 or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) thereof, contrary to Ontario Regulation 437/97, subsection 1(15);
(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);
Counsel for the College advised it would be difficult to prove professional misconduct if the matter was to proceed to a hearing and that the Member had signed an Undertaking and Acknowledgement that was in the public interest.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against James Duncan Whitehead set out in the Notice of Hearing dated June 27, 2012 in exchange for the Undertaking and Acknowledgment of the Member as follows:
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 never to 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 June 16, 2014, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or 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 about the scope, purpose and effect of his execution of this Undertaking and Acknowledgment 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 Rule 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: June 16, 2014
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Christine Bellini, OCT Chair, Discipline Panel
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Stefanie Achkewich, OCT Member, Discipline Panel
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Jean-Luc Bernard, OCT Member, Discipline Panel