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 Stephen John Courtney, a member of the Ontario College of Teachers
PANEL: Wes Vickers, OCT, Chair Irene Dembek, OCT Pauline Smart
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Alyssa Brierley, Legal Counsel, for Ontario College of Teachers
- and -
STEPHEN JOHN COURTNEY (CERTIFICATE # 494600) Susan Luft, Ontario Secondary School Teachers’ Federation, for Stephen John Courtney
Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: September 23, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on September 23, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated July 7, 2014 was served on Stephen John Courtney (the “Member”) requesting his presence on July 23, 2014 to set a date for a hearing and specifying the charges. The hearing was subsequently set for September 23, 2014.
The Member was in attendance at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated July 7, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Stephen John Courtney is guilty of professional misconduct as defined in subsection 30(2) 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, verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student, or students, physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(d) he abused a student, or students, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(e) 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);
(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).
College Counsel tendered the Membership Information for Stephen John Courtney (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 2005 and that he was registered with the College during the period of the alleged events.
MEMORANDUM OF AGREEMENT
Counsel for the College advised the Committee that an agreement had been reached between the parties and introduced a Memorandum of Agreement dated September 15, 2014 (the “MOA”) (Exhibit 3), which provides as follows:
Agreed Statement of Facts
The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.
Stephen John Courtney (the “Member”) is a member of the College, suspended for non-payment of fees.
At all material times, the Member was employed by the Near North District School Board (the “Board”) as a teacher at [XXX] School and [XXX] School (the “School”).
On December 9, 2011, the Member observed two students in the hallway joking around and pushing each other. The Member approached and grabbed both students by the shirts at the back of the student’s necks and marched them to the office.
The Board initiated an investigation and, by a letter dated December 14, 2011, placed the Member on an administrative leave pending the outcome of the Board’s investigation.
The Children’s Aid Society (the “CAS”) conducted an investigation of the events and verified the concerns of excessive force. The CAS confirmed that the Member’s actions were in response to the physical altercation between two male students and resulted in superficial injury.
The Board interviewed a number of students in the Member’s classes who reported that the Member had made inappropriate gestures, comments and was insensitive in his communication with them, including:
- drawing pictures on the board of students and saying, “I’m going to love killing you guys”;
- telling a student in his class on more than one occasion “you make me laugh so I’ll kill you last”;
- calling a student “gay” and making references about the student being gay;
- telling a student that he was going to “kick his little ass hard and fast all the way to the main office”;
- calling students “idiots or stupid” and telling them to “shut up”;
- threatening to “cut off students’ fingers”;
- calling students he deemed overweight “[XXX]”;
- threatening to put duct tape over a student’s mouth;
- calling students “stupid” and “hick”; and
- yelling at students in class and telling them to “shut up”.
The Board’s investigation concluded that the allegations of inappropriate comments and behaviour toward students were substantiated and the Member was suspended for five days without pay.
On March 9, 2012, the Member met with Vice Principal to discuss the Member’s supervision duties. At the meeting, the Member raised his finger at the Vice Principal and stated in an admonishing tone, “if you continue to conduct yourself in this manner, you are going to piss a lot of people off.”
The Member’s employment with the Board was terminated effective February 13, 2013.
By this document, the Member pleads no contest to professional misconduct as alleged in the Notice of Hearing, issued on July 7, 2014.
The Member voluntarily admits the above particulars, for the purpose of this proceeding only, and understands that by doing so, he is waiving the right to require the College to prove the case against him and the right to a contested hearing.
Joint Submission on Resolution
The Parties agree to resolve the matter as follows:
the Parties agree and undertake that upon ratification of this MOA, there shall be no further action taken in this administrative proceeding, no appeal of any or all of the terms of this of this agreement, and no application for judicial review, providing the terms of this MOA are adhered to;
the Parties agree and understand that if any phrase or paragraph of this MOA is deemed null and void, the MOA shall be read as though the phrase or paragraph that was stricken from the MOA and the amended MOA shall remain in force and effect;
the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct and he shall receive a reprimand from the Committee;
the Member shall 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 College’s public Register. The reprimand shall be delivered at the offices of the College located at 101 Bloor Street West, Toronto, Ontario;
the Member agrees and undertakes to, within 90 calendar days of ratification of this MOA or prior to seeking or engaging in employment where a certificate of qualification and registration is required, whichever is later, successfully complete, at his own expense, a course(s) of instruction covering professional boundaries, and cultural sensitivity, pre-approved by the Registrar;
the Member agrees and undertakes to provide the Registrar with written confirmation of his successful completion of this course(s), prepared by the course practitioner(s), within 30 calendar days of completion. The course practitioner will also confirm that he/she reviewed the Decision, Reasons and Orders of the Discipline Committee and MOA before commencing the course and that, based on his/her interactions with the Member, he/she is satisfied that the Member understands that his/her conduct was inappropriate;
prior to commencing any position that requires a certificate of qualification and registration, following completion of the requirements above, the Member shall within 15 days of return to teaching, provide evidence satisfactory to the Registrar the date the Member commenced employment and evidence that the employer has received a copy of the Decision, Reasons and Orders of the Discipline Committee and that the employer is aware of the terms, conditions and limitations on the Member’s certificate;
the Member agrees and understands that for the purpose of considering this matter, the Discipline Committee will be provided with this MOA and the Notice of Hearing, which will be marked as Exhibits and will constitute the evidence upon which the guilty plea will be accepted, the finding of guilt or finding will be made, and the penalty or order will be imposed;
the Member agrees and understands that upon ratification of this MOA, a notation shall be placed on the Public Register, maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. This information will also be contained on the Certificate of Qualification and Registration, public register, and Statement of Professional Standing. There may be amendments made to these documents and the Public Register to reflect this agreement between the Parties, including amendments to the Member’s Status, Status History and Terms, Conditions and Limitations;
the Member agrees and understands that the College shall publish a summary of the complaint and its resolution as contained in this MOA. Such publication shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College web site, and in any other manner the Registrar deems appropriate. The summary shall include the Member’s name;
the Member agrees and understands that upon ratification of this MOA, the College shall make the Decision and Reasons of the Discipline Committee available for review by the public in the College’s Margaret Wilson Library, on the College’s website and in any other forum the Registrar deems appropriate;
the Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw and/or any other on-line legal database;
the Member agrees and understands that this MOA is the entire agreement between him and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MOA; and,
each party may sign a separate copy of this MOA which, when so signed and delivered, shall be an original copy even though not signed by the other parties. All such separately signed copies shall together constitute evidence of all parties’ consent to be bound by this agreement.
DECISION
Having examined the exhibits filed, and based on the Memorandum of Agreement, the plea of no contest, and the submissions made by Counsel for the College and Counsel for the Member, the Committee ratifies the Memorandum of Agreement. The Committee finds that Stephen John Courtney committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.1), 1(7.2), 1(15), 1(18) and 1(19).
REASONS FOR DECISION
The Member agreed to the truth and accuracy of the facts contained in the MOA. The Committee accepts the MOA as well as the Member’s plea of no contest and finds the Member guilty of professional misconduct.
The Committee finds the Member has failed to maintain the standards of the profession and to adequately supervise students in his care. His inappropriate remarks constituted verbal, psychological and emotional abuse. The Member has failed to comply with his duties in the Education Act, and her conduct was disgraceful, dishonourable, unprofessional and unbecoming a member of the College. By his actions, the Member has breached Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.1), 1(7.2), 1(15), 1(18) and 1(19).
The Board received complaints concerning the Member’s conduct when the Member used inappropriate force while addressing a physical altercation between two male students and making of inappropriate comments to students and staff. The comments included culturally inappropriate and demeaning statements to students. Furthermore, the Member acted in an inappropriate fashion when he raised his voice and finger at the Vice Principal in an accusatory and admonishing fashion, and made inappropriate comments. In addition, the Member failed to notify school administration when he left his duties and went home sick during lunch hour. The Member required one month off work due to sickness, which was verified by his healthcare provider. In May 2012, the Board notified the Member that the Member was being transferred to another school that was a better match for his qualifications. In February 2013, the Member’s employment with the Board was terminated.
Teachers hold positions of trust and authority. It is important for teachers to establish strong, professional relationships with their students and colleagues. The use of inappropriate physical force and making culturally inappropriate comments that demean students is unacceptable behaviour. It is deplorable for a teacher to embarrass and belittle students. Furthermore, to make comments about colleagues describing them with derogatory terms and criticizing their professional competence is conduct unbecoming a member.
Students have been victimized by the Member’s lack of judgment and hurtful remarks. Parents entrust to teachers the care of their children. By using inappropriate interaction with students, the Member has disillusioned and disappointed parents, the profession and the greater public.
RESOLUTION
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 College’s public register.
The Registrar is directed to impose the following terms, conditions and limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions and limitations to be recorded on the College’s public register until such time as they are fulfilled:
(a) Within 90 calendar days of ratification of this MOA or prior to seeking or engaging in employment where a Certificate of Qualification and Registration is required, whichever is later, the Member is to successfully complete, at his own expense, a course(s) of instruction covering professional boundaries, and cultural sensitivity, pre-approved by the Registrar.
(b) The Member is to provide the Registrar with written confirmation of his successful completion of these courses, prepared by the course practitioners, within 30 calendar days of completion.
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 RESOLUTION
The Committee carefully considered and accepted the Joint Submission on Resolution.
The Committee determined that by requiring the Member to successfully complete courses in professional boundaries and cultural sensitivity, the Committee supports the intent of the MOA. The reprimand and the imposition of terms, conditions and limitations on the Member’s certificate is an appropriate resolution for conduct of this nature.
The Committee determined that publication of the findings and order, with the Member’s name, responds to the need for transparency and accountability and serves the public interest, as well as informing the profession of the consequences of unethical behaviour. Publication, with the Member’s name, acts as a specific deterrent to the Member as well as a general deterrent to the profession as it sends a message to members that behaviour of this nature will result in publication with name in the College’s official magazine.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: September 23, 2014
Wes Vickers, OCT Chair, Discipline Panel
Irene Dembek, OCT Member, Discipline Panel
Pauline Smart Member, Discipline Panel