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
Dean Frederick Buchanan, 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 – )
DEAN FREDERICK BUCHANAN ) Patricia D’Heureux,
(CERTIFICATE #446546) ) Cavalluzzo Shilton McIntyre ) Cornish LLP,
) for Dean Frederick Buchanan
) 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 April 16, 2013 was served on Dean Frederick Buchanan (the “Member”), requesting his presence on May 27, 2013 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for August 11, 2014.
The Member was not in attendance.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated April 16, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Dean Frederick Buchanan is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) 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 abused a student or students physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;
(c) 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);
(d) 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);
(e) 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:
Dean Frederick Buchanan (the “Member”) is a member of the Ontario College of Teachers.
At all material times, the Member was employed by the Thames Valley District School Board (the “Board”) as an elementary school teacher. The Member also coached a [XXX] team at a high school of the Board. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information for the Member.
At the material time, Student No. 1 was a female student at the high school. She was a member of the [XXX] team that was coached by the Member in the Fall of 2005.
During the Spring of 2006, the Member engaged in a sexual relationship with Student No. 1, which included sexual intercourse.
GUILTY PLEA
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and exhibits referred to in paragraphs 1-4 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(7), 1(15), 1(18), and 1(19). The Member also admits that he engaged in sexual abuse of a student of a nature defined in Sections 1 and 40(1.1) of the Act.
The Member’s plea of guilt does not constitute an admission by the Member as to the facts or findings in any other civil, criminal, or administrative proceeding.
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 Dean Frederick Buchanan committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7), 1(15), 1(18) and 1(19). The Committee further finds that the Member engaged in sexual abuse of a student of a nature defined in Sections 1 and 40(1.1) of the Act.
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 statement tendered by the parties.
During the spring of 2006, the Member engaged in a sexual relationship with a Student, which included sexual intercourse. In light of the Member’s conduct 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(7), 1(15), 1(18) and 1(19). The Committee further finds that the Member engaged in sexual abuse of a student of a nature defined in Sections 1 and 40(1.1) of the Act.
JOINT SUBMISSION ON PENALTY
Counsel for the College and counsel for the Member submitted a Joint Submission on Penalty (Exhibit 4) 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 the Registrar of the Ontario College of Teachers to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar;
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 and also as a general deterrent to the profession.
Counsel stated that the intent of the penalty is to provide specific deterrence, general deterrence, and the protection of the public. Counsel submitted that publication with name denounces the Member’s actions, acts as a specific and general deterrent and advises the profession that the College does not condone such misconduct and will result in revocation. Publication further sends a message to the community about how the College prioritizes the safety of students.
Counsel submitted that publication with name ensures transparency and openness of the process and restores public trust.
Submissions of Member’s Counsel
Counsel for the Member requested that the Member’s name not be published. Counsel reminded the Committee that it had the discretion to order publication with or without the Member’s name. Counsel stated that the need for transparency is met as the Member’s name and details of the decision will be available to the public, and will be recorded on the Register. Furthermore, there has already been public exposure by virtue of the Notice of Hearing being published, and that revocation of the Member’s certificate satisfies specific and general deterrence as well as transparency. Member’s Counsel argued that the message that this conduct will not be tolerated and will be taken seriously is achieved without publication of the Member’s name.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Registrar is directed to revoke the Certificate of Qualification and Registration of the Member; and
The findings and orders of the Committee shall be published in summary form, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY DECISION
The Member engaged in a sexual relationship with a Student, which included sexual intercourse. The gravity of the Member’s conduct warrants revocation and publication of the Member’s name in order to act as a general and specific deterrent. Conduct of a sexual nature involving a student represents the most egregious breach of trust from a person in a position of trust and authority over a student. Revocation and publication of the name of the Member warns members of the profession that such misconduct results in the forfeiture of their membership in the profession. The Committee protects the public interest by revoking the member’s right to be in such a position of trust with students ever again and publication of the Member’s name informs the public about this particular Member. Because the Notice of Hearing is on public record, publication, with the name of the Member, provides clear and public access to the results of the hearing.
Publication of name also serves the public interest by providing transparency about the College’s processes, and by reassuring and informing the community that the College acts decisively and consistently when matters of this nature are brought to its attention.
In conclusion, the Committee is confident that the penalty is in the public interest.
Date: August 11, 2014
Louis Sloan, OCT Chair, Discipline Panel
______________________________ Stefanie Achkewich, OCT
Member, Discipline Panel
Monique Lapalme Arseneault
Member, Discipline Panel