DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Yoshida, 2014 ONOCT 112

Date: 2014-07-17

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

Robert Kiyoshi Yoshida, a member of the Ontario College of Teachers.

PANEL: Christine Bellini, OCT, Chair Wes Vickers, OCT

Pauline Smart

BETWEEN: )

) Caroline Zayid,

) McCarthy Tétrault LLP,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,

) assisted by Daniela DeBartolo,

) Law Clerk

• and - )

) Sue Chapman,

ROBERT KIYOSHI YOSHIDA ) Ursel Phillips Fellows Hopkinson LLP,

(CERTIFICATE # 442408) ) for Robert Kiyoshi Yoshida

) Julie Maciura,

) Steinecke Maciura LeBlanc,

) Independent Legal Counsel

) Heard: July 17, 2014

DECISION ON MOTION

Counsel for the College brought a motion to seek leave from a panel of the Discipline Committee (the “Committee”) to withdraw the allegations set out in the Notice of Hearing dated June 29, 2011 (Exhibit 1).

Robert Kiyoshi Yoshida (the “Member”) was not in attendance but was represented by legal counsel.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated June 29, 2011 are as follows:

IT IS ALLEGED that Robert Kiyoshi Yoshida is guilty of professional misconduct as defined in subsection 30(2) and section 1 and subsection 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 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 abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3);

(e) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made under those Acts, 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);

(g) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19); and

(h) he engaged in sexual abuse of a student or students of a nature defined in section 1 and subsection 40(1.1) of the Act.

Counsel for the College advised the Committee that it would be difficult to prove professional misconduct if the matter was to proceed to a full hearing as the key student witness did not wish to testify. College Counsel further stated that the Member had signed an Undertaking and Acknowledgement (Exhibit 2) 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 the Member set out in the Notice of Hearing dated June 29, 2011 in exchange for the Undertaking and Acknowledgment of the Member.

In his Undertaking and Acknowledgment, the Member agrees to and acknowledges the following:

1. The Member will resign as a member of the Ontario College of Teachers with effect on the date of the hearing of this matter.

2. The Member undertakes to never seek reinstatement of his Certificate of Qualification and Registration.

3. The Member undertakes to never teach again in any public or private school in Ontario nor carry on any activity for which a Certificate of Qualification and Registration is required.

4. The Member understands that a breach of this Undertaking and Acknowledgment may constitute professional misconduct. He understands that should he breach this Undertaking and Acknowledgment, the Ontario College of Teachers will be at liberty to re-institute these proceedings, or to commence other discipline proceedings against him.

5. The Member acknowledges that his status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation will read as follows:

“On July 17, 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”.

6. The Member acknowledges his understanding about the scope, purpose and effect of his execution of this Undertaking and Acknowledgement and is executing the same voluntarily, unequivocally, and with the advice of legal counsel.

Independent Legal Counsel (“ILC”) advised the Committee that it had the 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. ILC also noted that the outcome of the undertaking is more definitive than revocation since the Member cannot seek reinstatement of his Certificate.

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: July 17, 2014

________________________________

Christine Bellini, OCT

Chair, Discipline Panel

________________________________

Wes Vickers, OCT

Member, Discipline Panel

________________________________

Pauline Smart

Member, Discipline Panel