Ontario College of Teachers v. Campbell, 2014 ONOCT 20

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Campbell, 2014 ONOCT 20

Date: 2014-11-27

IN THE MATTER OF the Ontario College of Teachers Act, 1996 and the Regulation (Ontario Regulation 437/97) thereunder;

AND IN THE MATTER OF a discipline proceeding against

Kayla Marie Campbell, a member of the Ontario College of Teachers.

PANEL: Monique Lapalme Arseneault, Chair

Alexander (Sandy) Bass, OCT

Wes Vickers, OCT

BETWEEN: ) Ava Arbuck,

) McCarthy Tétrault LLP, ) for Ontario College of Teachers,

ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,

) Law Clerk

• and – )

KAYLA MARIE CAMPBELL ) Kayla Marie Campbell,

(CERTIFICATE #528830) ) on her own behalf )

) Erica Richler

) Steinecke Maciura LeBlanc, ) Independent Legal Counsel

) ) Heard: November 27, 2014

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 27, 2014 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing dated June 5, 2014 was served on Kayla Marie Campbell (the “Member”), requesting her presence on July 9, 2014 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for November 27, 2014.

The Member was self-represented and present for the hearing.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated June 5, 2014 (Exhibit 1) are as follows:

IT IS ALLEGED that Kayla Marie Campbell is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (the “Act”) in that:

(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);

(b) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(c) she 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) she 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

(e) she 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:

1. Kayla Marie Campbell is a member of the Ontario College of Teachers. Attached to Exhibit 2 at Tab “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.

2. At all material times, the Member was employed by the York Region District School Board (the “Board”) at [XXX] School (the “School”) in [XXX], Ontario.

3. From September 2008 to June 2013, the Member was the Department Head of [XXX] and taught Grades [XXX], [XXX] and [XXX] [XXX] at the School.

4. Student No. 1, a male student, and Student No. 2, a female student, graduated from the School in 2011. Student No. 3, a female student, graduated from the School in June 2012. The Member taught [XXX] to Student No. 1 and Student No. 2 during the 2010-2011 academic year.

2010-2011 Academic Year:

5. During the 2010-2011 academic year, the Member befriended Student No. 1 and Student No. 2. Student No. 1 and Student No. 2 were dating at the time. Both students spent time with the Member outside of school hours and off school property, when they would hang out as friends.

6. On occasion, near the end of the school year and into the summer, the Member, Student No. 1 and Student No. 2 would have dinner together.

Student No. 1:

7. The Member would take Student No. 1 to lunches, dinners, and movies.

8. The Member permitted Student No. 1 to call her by her first name, and exchanged text messages regularly with Student No. 1.

Student No. 2:

9. The Member and Student No. 2 would text each other during the school day.

10. On a few occasions, Student No. 2 stayed with the Member at the Member’s apartment when the Member’s husband was away. On these occasions they would watch television, go for walks, and eat dinner together.

[XXX] 2011:

11. Student No. 1 and Student No. 2 attended university in [XXX] after they graduated from the School. On one occasion, the Member visited them in [XXX] at the beginning of the 2011-2012 academic year. The three of them went out for dinner and alcohol was consumed, despite the fact that Student No. 2 was [XXX] years old.

2011-2012 Academic Year:

12. Student No. 3 became Student No. 1’s girlfriend during the 2011-2012 academic year. After Student No. 3 began dating Student No. 1:

(a) the Member questioned Student No. 3 about her intentions with Student No. 1, and told Student No. 3 that her (the Member’s) approval of Student No. 1’s girlfriend was more important to Student No. 1 than his mother’s approval;

(b) the Member discouraged Student No. 3 from getting serious with Student No. 1 by stating that Student No. 1 would not stay with Student No. 3 when he went to university;

(c) the Member made additional comments to Student No. 3 during her grade [XXX] year at the School that made Student No. 3 feel uncomfortable.

Attached to Exhibit 2, Tab B is a copy of a letter written by Student No. 3, in which she outlined her concerns about the Member’s conduct.

13. The Member sent text messages to friends of Student No. 3, wherein the Member asked them personal details about Student No. 3’s relationship with Student No. 1.

14. According to Student No. 3, her self-confidence suffered as a result of the way she felt judged by the Member, and she was embarrassed that a teacher was pointing out her flaws to the boy she liked.

Inappropriate Electronic Communications:

15. The Member conversed with students and former students on Facebook and Twitter. The following comments were posted by the Member on her Twitter account:

(a) “Well, that was a lot of nudity for one night”;

(b) “thinking of buying a porsche or mustang with summer school money”;

(c) “when does one stop having dramatic teenage girl moments”;

(d) “need to finish all this marking so I can party all weekend!”;

(e) “eating Hershey kisses in class instead of marking…I’m a bad teacher”;

(f) “Falling asleep in class. Someone come teach for me.”;

(g) “It’s official, my summer school students will only ever know me as hungover”;

(h) “A smart girl is a sexy girl” (retweeted from Horney Facts).

Attached to Exhibit 2, Tab C is a copy of a page from the Member’s Twitter Account.

16. The Member resigned from the Board while under investigation on September 11, 2013.

GUILTY PLEA

17. By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs above (the “Admitted Facts”).

18. The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against her, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(7.2), 1(15), 1(18), 1(19).

19. By this document the Member states that:

(a) she understands fully the nature of the allegations against her;

(b) she understands that by signing this document she is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;

(c) she understands that by pleading guilty to the allegations, she is waiving the right to require the College to prove the case against her and the right to have a hearing;

(d) she 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 her name, may be published in the official publication of the College;

(e) she understands that any agreement between her and Counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;

(f) she understands and acknowledges that she is executing this Agreement voluntarily, unequivocally, and without the advice of legal counsel.

20. 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 should 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 by the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Kayla Marie Campbell committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.2), 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 her. The Committee accepts the Agreed Statement of Facts and Guilty Plea tendered by the parties.

The Member admitted that during the 2010-2011 academic year, she befriended Student No. 1 and Student No. 2. who were dating each other at the time. The Member spent time with Student No. 1 and Student No. 2 off school property and outside of school hours, occasionally having dinner with both Students.

The Member also took Student No. 1 to lunches, dinners, and movies. She allowed Student No. 1 to call her by her first name and exchanged text messages with him on a regular and ongoing basis. The Member and Student No. 2 also texted each other during the school day.

On a few occasions, the Member allowed Student No. 2 to stay overnight at her apartment when the Member’s husband was away. At these junctures, the Member and Student No. 2 watched television, went for walks, and ate dinner together.

In the 2011-2012 academic year, the Member went to [XXX] to visit Student No. 1 and Student No. 2 as they were both attending university in the city. At that time, the Member, Student No. 1 and Student No. 2 went out for dinner at which time alcohol was consumed. Student No. 2 was only [XXX] years old at the time, however, alcohol was consumed by her in the presence of the Member.

Subsequently, in the same academic year, Student No. 1 began dating Student No. 3. Upon learning of their dating, the Member questioned Student No. 3 about her intentions with Student No. 1. The Member also advised Student No. 3 that her approval of Student No. 1’s girlfriend was more important to Student No. 1 than his own mother’s approval.

The Member further discouraged Student No. 3 from getting serious with Student No. 1. She would send text messages to the friends of Student No. 3 requesting details of Student No. 1 and Student No. 3’s relationship. The Member continued to make additional comments to Student No. 3 during her grade [XXX] year at the School which made Student No. 3 uncomfortable.

The behaviour, comments and judgment of the Member caused Student No. 3 to suffer from a lack of self-confidence.

The Member also conversed with students and former students of the School on Facebook and Twitter making numerous extremely inappropriate comments.

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(7.2), 1(15), 1(18) and 1(19).

JOINT SUBMISSION ON PENALTY

Counsel for the College and 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:

1. direct the Member to appear before the Committee immediately following the hearing of this matter or on a date to be arranged by the Member, prior to her returning to any position for which a Certificate of Qualification and Registration is required, 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”);

2. direct the Registrar to suspend the Certificate of Qualification and Registration of the Member for a period of one (1) month 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.

3. direct the Registrar to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions, or limitations to be recorded on the Register until such time as they are fulfilled:

(a) prior to commencing employment for which a Certificate of Qualification and Registration is required, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding the recognition of and adherence to maintaining appropriate professional boundaries in student-teacher relations;

(b) within thirty (30) days of her completion of the course outlined in (a) above and prior to commencing any employment for which a Certificate of Qualification and Registration is required, the Member shall provide to the Registrar a written certificate from the course provider stating that:

(i) he or she has reviewed a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee; and

(ii) the Member has successfully completed the course.

4. direct 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 were 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, a general deterrent to the profession and protects the public interest.

College Counsel further submitted that publication with name advises the profession that the College does not condone such misconduct. As a general deterrent, it “hits home” to members that the College will not permit such behaviour and will address this type of conduct accordingly.

Counsel further submitted that publication with name ensures the transparency and openness of the process and restores public trust.

Submissions of the Member

The Member requested that her name not be published. The Member stated that she feared that publishing her name would result in a resurgence of the allegations leading to further harassment. The Member also argued that since the allegations were brought forward, she had to find an apartment outside of the community where she once lived and also had to find alternate employment in a city located an hour away from her home. The Member also stated that she has been subjected to verbal harassment and harassing comments on the internet. The Member speculated that this might continue if her name were to be published.

The Member further submitted that although Student No. 1, Student No. 2 and Student No. 3’s names will remain anonymous, publication with the Member’s name may result in unwanted ridicule or harassment of these Students.

PENALTY DECISION

The Committee makes the following order as to penalty:

1. The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of one (1) month commencing on November 27, 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.

2. The Member is directed 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 Register.

3. The Registrar is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions, or limitations to be recorded on the Register until such time as they are fulfilled:

(a) prior to commencing employment for which a Certificate of Qualification and Registration is required, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding the recognition of and adherence to maintaining appropriate professional boundaries in student-teacher relations;

(b) within thirty (30) days of her completion of the course outlined in (a) above and prior to commencing any employment for which a Certificate of Qualification and Registration is required, the Member shall provide to the Registrar a written certificate from the course provider stating that:

(i) the course provider has reviewed a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee; and

(ii) the Member has successfully completed the course.

4. There shall be publication of the findings and Order of the Committee 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 reprimand of the Member by the Committee in respect of her inappropriate conduct serves to emphasize the necessity to maintain the standards of the profession. The fact that the reprimand will be recorded on the Register also serves as a specific deterrent to the Member. Members of the profession must be made aware of the College’s expectations regarding professional behaviour.

Further, the course on professional boundaries in student-teacher relations will remind the Member that such conduct will not be tolerated. The course will assist in the process of remediation of the Member.

The Committee considered the submissions of College Counsel and of the Member with respect to publication of the Member’s name. The Committee ordered publication of the findings and Order, with the name of the Member, for the following reasons.

The Committee determined that publication with the Member’s name assures the transparency and openness of the disciplinary process and reinforces the mandate of the College to serve and

protect the public interest. Publication with name serves as a general deterrent by reminding the profession that such behaviour is not condoned.

Publication of the decision and findings of the Committee, with the name of the Member, serves to inform the public that the College will deal with members of the profession who conduct themselves in an inappropriate and unprofessional manner.

The Committee is satisfied that the penalty is appropriate in the circumstances, and serves and protects the public interest.

Date: November 27, 2014

Monique Lapalme Arseneault, Chair

Chair, Discipline Panel ______________________________ Alexander (Sandy) Bass, OCT

Member, Discipline Panel

Wes Vickers, OCT

Member, Discipline Panel```