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
Katharine Mary Clement, a member of the Ontario College of Teachers
PANEL: Irene Dembek, OCT, Chair Jean-Luc Bernard, OCT
Wes Vickers, OCT
BETWEEN: )
) Caroline Zayid,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Bev Hodsdon,
) Law Clerk
- and - )
) Katharine Mary Clement,
KATHARINE MARY CLEMENT ) self-represented, but not present
(CERTIFICATE # 183986) )
) Julie Maciura,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: April 24, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the "Committee") on April 24, 2014 at the Ontario College of Teachers (the "College") at Toronto.
A Notice of Hearing dated June 23, 2011 was served on Katharine Mary Clement (the "Member") requesting her presence on July 19, 2011 to set a date for a hearing and specifying the charges. The hearing was subsequently set for April 24, 2014.
The Member was not in attendance.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing, (Exhibit 1) dated June 23, 2011 are as follows:
IT IS ALLEGED that Katharine Mary Clement is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act (the "Act") and/or is incompetent as defined in subsection 30(3)of 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 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); and
(c) she displayed a lack of knowledge, skill or judgment and/or disregard for the welfare of her students of a nature or extent that demonstrates that the Member is either unfit to carry out her professional responsibilities or that the Member's certificate should be made subject to terms, conditions or limitations.
At the hearing on April 24, 2014, Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs (a) and (b) of the Notice of Hearing (Exhibit 1) be withdrawn. The Committee was in agreement and these allegations were withdrawn.
STATEMENT OF UNCONTESTED FACTS
Katharine Mary Clement (the "Member") is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit "A" is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.
At all material times, the Member was employed by the Trillium Lakelands District School Board (the "Board"), and taught at the Elementary level at the Lindsay Learning Centre, a Section 23 Care and Treatment Centre for students affiliated with the Hawk Group Home (the "School").
The Member's teaching performance was formally assessed during the 2006/2007 and 2007/2008 academic years, and Summative Reports were prepared dated June 29, 2007, January 16, 2008 and June 20, 2008, respectively. On each occasion the Member's performance was rated as Unsatisfactory. Attached as Exhibits "B", "C" and "D" respectively are copies of these Summative Report Forms, the first two of which were prepared by the Principal of the School, and the third by the Superintendent of Special Education.
The Member's classroom management skills, her curriculum knowledge and delivery and her assessment practices all failed to meet the standards expected of a teacher with her training and experience. The deficiencies included the Member's inability or failure to:
(a) provide an environment for learning that helped students to be problem solvers, decision makers, lifelong learners and contributing members to a changing society;
(b) establish and/or reinforce basic classroom routines;
(c) effectively communicate the purpose of lessons or the assessment criteria she employed;
(d) demonstrate a basic understanding of how to support student learning and achievement and the required preparation for and planning of her lessons;
(e) differentiate her lessons to meet students' needs and interests;
(f) use a variety of teaching strategies and assessment instruments;
(g) communicate effectively with students and staff.
Despite the preparation of Improvement Plans dated July 24, 2007 and February 4, 2008, copies of which are attached as Exhibit "E" and Exhibit "F", respectively, the Member's performance failed to improve. The Member continued to struggle with her teaching practices and the concerns identified in the Summative Reports continued to be present.
The Member resigned from her employment with the Board effective August 27, 2008.
PLEA OF NO CONTEST
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 6 (the "Uncontested Facts").
The Member hereby acknowledges that the Uncontested Facts referred to in paragraphs 3 and 4 and specifically Exhibits "B", "C" and "D", constitute conduct which is evidence of her incompetence and pleads no contest to the allegation of incompetence against her.
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 Uncontested Facts being presented to the Discipline Committee;
(c) she understands that by pleading no contest 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 any agreement between her and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;
(e) she understands and acknowledges that she is executing this Agreement voluntarily, unequivocally, and without the advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee under protection of the Evidence Act, R.S.O. 1990, chapter E. 23, for the purpose of this proceeding under the College of Teachers Act 1996, chapter 12, and for no other purpose. The Member's plea of no contest does not constitute an admission by her as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the uncontested facts and circumstances, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of incompetence in that she displayed a lack of knowledge, skill or judgment that demonstrates that her Certificate should be made subject to terms, conditions or limitations.
DECISION
Having considered the evidence and onus and standard of proof, and the submissions made by College counsel, the Committee finds the Member to be incompetent in that she displayed a lack of knowledge, skill or judgment that demonstrates that her Certificate should be made subject to terms, conditions or limitations, as defined in subsection 30(3) of the Ontario College of Teachers Act, 1996.
REASONS FOR DECISION
The Member admitted the truth of the facts referred to in paragraphs 1 to 6 of the Statement of Uncontested Facts and Plea of No Contest (Exhibit 3). The Committee accepted the Member's plea of no contest and accepts that the Uncontested Facts amount to incompetence as pleaded to by the Member.
The Member's teaching performance was formally assessed during the 2006/2007 and 2007/2008 academic years and Summative Reports were prepared dated June 29, 2007, January 16, 2008 and June 20, 2008. On each occasion the Member's performance was rated as Unsatisfactory in the areas of classroom management skills, her curriculum knowledge and delivery and her assessment practices all failed to meet the standards expected of a teacher with her training and experience. Despite the preparation of Improvement Plans, the Member's performance failed to improve and she continued to struggle with her teaching practices and the concerns identified in the Summative Reports continued to be present.
In light of this evidence, the Committee finds that the Member to be incompetent in that she displayed a lack of knowledge, skill or judgment that demonstrates that her Certificate should be made subject to terms, conditions or limitations.
JOINT SUBMISSION ON PENALTY
Counsel for the College tendered a Joint Submission on Penalty (Exhibit 5) signed by the Member and stating 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:
(a) directs the Registrar of the Ontario College of Teachers to impose the following terms, conditions or limitations on the Member's Certificate of Qualification and Registration, the fact of such terms and conditions and limitations to be recorded on the Register of the College until such time as they are fulfilled:
(i) prior to any return to a teaching position for which a Certificate of Qualification and Registration is required, the Member shall attend at her own expense, the following courses, pre-approved by the Registrar:
A. an accredited Additional Basic Qualifications course which covers curriculum, lesson planning, instructional strategies and assessment of student learning;
B. a course on classroom management;
(ii) within thirty (30) days of her completion of each of the courses referred to at paragraphs A and B above, the Member shall provide evidence to the Registrar in writing, of her successful completion of same;
(iii) the Member shall advise the Registrar within ten (10) days following her return to any teaching duties of the date of such return, the name of her employer, and the nature of said employment;
(iv) upon the commencement of her employment, the Member shall take all reasonable steps to cause her employer to conduct a performance appraisal in each school year for the first two (2) years, and the Member shall provide copies of the reports of such performance appraisals to the Registrar within thirty (30) days of their completion or her receipt of same, whichever is the later. If the Member's
employer is unable or unwilling to perform either of the performance appraisals, the Member shall immediately notify the Registrar.
(b) By this document, the Member acknowledges her understanding that any agreement between the College and the Member with respect to the penalty proposed in this document does not bind the Discipline Committee.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Registrar of the Ontario College of Teachers is directed to impose the following terms, conditions or limitations on the Member's Certificate of Qualification and Registration, the fact of such terms and conditions and limitations to be recorded on the Register of the College until such time as they are fulfilled:
(i) prior to any return to a teaching position for which a Certificate of Qualification and Registration is required, the Member shall attend at her own expense, the following courses, pre-approved by the Registrar:
A. an Accredited Additional Basic Qualifications course which covers curriculum, lesson planning, instructional strategies and assessment of student learning;
B. a course on classroom management;
(ii) within thirty (30) days of her completion of each of the courses referred to at paragraphs A and B above, the Member shall provide evidence to the Registrar in writing, of her successful completion of same;
(iii) the Member shall advise the Registrar within ten (10) days following her return to any teaching duties of the date of such return, the name of her employer, and the nature of said employment;
(iv) upon the commencement of her employment, the Member shall take all reasonable steps to cause her employer to conduct a performance appraisal in each school year for the first two (2) years, and the Member shall provide copies of the reports of such performance appraisals to the Registrar within thirty (30) days of their completion or her receipt of same, whichever is the later. If the Member's employer is unable or unwilling to perform either of the performance appraisals, the Member shall immediately notify the Registrar.
REASONS FOR PENALTY DECISION
The Member has acknowledged her demonstrated incompetencies in her teaching practice. In spite of additional supports the Member failed to remediate deficiencies in her abilities in the classroom. An Additional Basic Qualifications course and a course on classroom management will assist the Member in acquiring the necessary and effective skills, prior to resuming any teaching responsibilities in publicly funded schools in Ontario. Further, these courses will help the Member to overcome the difficulties that prevent her from being an effective teacher.
The requirement that the Member undergo a performance appraisal in each school year for the first two years, should the Member return to teaching, serves the public interest and clarifies the expectations of the College with respect to the competency of its members.
The fact that both parties agreed on the terms, conditions and limitations to be placed on the Member's certificate is an indication that an appropriate balance of interests has been achieved.
This order is a rehabilitative measure for the Member if she wishes to return to teaching and enables her to demonstrate the skills which members of the profession and the public expect of a teacher.
Date: April 24, 2014 ________________________________
Irene Dembek, OCT
Chair, Discipline Panel
Jean-Luc Bernard, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel