Ontario College of Teachers v. Curridor, 2014 ONOCT 29

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Curridor, 2014 ONOCT 29

Date: 2014-05-08

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 Ronald James Curridor, a member of the Ontario College of Teachers.

PANEL: Stefanie Achkewich, OCT, Chair Mel Greif Ruth Ann Penny, OCT

BETWEEN:

ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Law Clerk

• and -

RONALD JAMES CURRIDOR (CERTIFICATE #261178) Kim Patenaude, Raven, Cameron, Ballantyne & Yazbeck, for Ronald James Curridor

Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel

Heard: May 8, 2014

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on for hearing before a panel of the Discipline Committee (the "Committee") on May 8, 2014 at the Ontario College of Teachers (the "College") at Toronto.

A Notice of Hearing dated March 19, 2013 was served on Ronald James Curridor (the "Member"), requesting his presence on May 6, 2013 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for May 8, 2014.

The Member was in attendance.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated March 19, 2013 (Exhibit 1) are as follows:

IT IS ALLEGED that Ronald James Curridor 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 signed or issued, in the member's professional capacity, a document that the member knew or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);

(c) he falsified a record relating to the member's responsibilities, contrary to Ontario Regulation 437/97, subsection 1(13);

(d) 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);

(e) 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); and

(f) 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:

1. Ronald James Curridor (the "Member") was at all material times, 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.

2. At all material times, the Member was employed by the London District Catholic School Board (the "Board") as Principal at Monsignor J.H. O'Neil Elementary School (the "School") in Tillsonburg, Ontario.

Educational Quality and Accountability Office Testing

3. From 2007 to 2010, the Member was a Principal responsible for the administration of the Education Quality and Accountability Office ("EQAO") testing at the School.

4. The rules regarding the administration of the EQAO tests are set out in the EQAO's Administration Guide titled Administering the Assessments of Reading, Writing and Mathematics. A copy of the Administration Guide is attached at Exhibit "B". Copies of the Administration Guide were provided to the School, and the Member received a copy of the Administration Guide. The Administration Guide summarizes the role of the Principal including that the Principal is responsible for ensuring:

• That the Principal and teachers administering the assessment have read the Administration Guide and board direction and/or policy;
• That all students enrolled at the School are accounted for, including those who are English language learners and those with special education needs, even if they are to be exempted;
• That any student receiving an accommodation has an Individual Education Plan ("IEP") that outlines the accommodations that are necessary for and consistent with regular classroom assessment practices used for the student. The student must normally receive the accommodation for all forms of assessment, including summative assessments;
• That complete and accurate information is provided to EQAO for each student eligible to write the assessment, including those writing with accommodations or the special provision, and those exempted;
• That complete and appropriate assessment materials are ordered for each student, using the EQAO system;
• That all materials necessary for the preparation for an administration of the assessment are provided to all participating teachers and support staff;
• That all teachers and other personnel (e.g. scribes, prompters and principals themselves) participating in, preparing for and administering the assessments have received training and follow the Administration Guide and the Guide for Accommodations, Special Provisions and Exemptions;
• That all assessment materials are kept secure prior to, during and after the administration;
• That the locations and conditions for writing the assessments allow each student to work independently of every other student and conform to EQAO requirements as defined in the Administration Guide and the Guide for Accommodations, Special Provisions and Exemptions (the "Accommodation Guide");
• That there is no deviation from the EQAO guidelines and instructions without explicit written direction from the relevant supervisory officer and EQAO's Chief Assessment Officer; and
• That any breach or suspected breach of security is reported to the EQAO.

5. The EQAO also provides information and direction regarding the accommodation of students in the Accommodation Guide. Copies of this document were provided to the School by EQAO, and the Member received a copy. A copy of the Accommodation Guide is attached as Exhibit "C".

6. The Accommodation Guide clearly outlines the role of the Principal as follows: "The Principal is responsible for making decisions about student participation in the assessments and ensuring that all accommodations, special provisions and exemptions are provided and documented according to the instructions in this guide" (Page 1).

7. The Accommodation Guide permits accommodations for students with an IEP or other specified circumstances.

Security of Materials

8. The Administration Guide specifically states that the principals are responsible for ensuring that "all assessment materials are kept secure prior to, during and after the administration" (Page 4). It also states that "Student assessment material packages must be opened prior to the administration of the first section of the assessment" (Page 4) and that teachers "may receive the student assessment materials no earlier than the morning of the day the administration begins" (Page 4).

9. However, the Member removed test materials from the package and provided them to teachers at the end of the school day prior to the day of the administration of the assessment.

Altering Student Answers

10. The Administration Guide states, "No one may read, review or correct student work during or after the administration. This includes darkening, rewriting, editing, erasing or altering student work in any way" (Page 5).

11. Contrary to this requirement, the Member modified the multiple choice answer sheet of at least one Grade 6 student, by erasing and remarking the answer sheet.

Improper Accommodations

12. The Accommodation Guide permits a student to be assisted by a scribe if the student

(a) normally requires a scribe in the classroom in accordance with his or her IEP;

(b) normally has all forms of assessments scribed; or

(c) has a temporary condition and is unable to write.

13. The Member permitted or directed students who did not meet any of the requirements in paragraph 12 to have scribes assist them with the test.

14. Where a scribe is permitted, the Accommodation Guide requires a scribe to print exactly what the student dictates directly onto the answer booklet.

15. The Member permitted Educational Assistants in the School to scribe for students by having the Educational Assistants write the student's answer on a separate piece of paper and have the student transfer it to their own answer booklet. This violated the EQAO rules.

16. The Administration Guide and Accommodation Guide stipulate that accommodations are to be provided only to students with special education needs who have an Individual Education Plan (IEP) which outlines the accommodations, and those accommodations are normally used for all forms of assessments.

17. The Member permitted students who did not have an IEP or other permitted circumstances, to leave the classroom in order to assist them with the EQAO test. This was contrary to the EQAO rules. The Member told teachers at the School that he had discretion in administering the test even though no such discretion was permitted. In one case the student who was removed from the classroom was being assessed for an IEP, but no IEP was in place at the time of the test.

Disciplinary Action

18. The Member's conduct was investigated by the Board and it was determined that the Member failed to follow EQAO rules and that he knew or ought to have known that his actions would constitute a breach of the EQAO rules. The Board did not find any evidence that the Member or the teachers at the School taught to the actual assessment being administered or gave answers to students. The Member received a written warning with regards to his conduct in administering the EQAO test from the Board by letter dated April 19, 2011. Attached and marked as Exhibit "D" is the letter with regards to same.

19. Following consideration of the Board's investigation into this matter, the EQAO concluded that the validity of scores reported for students at the School was questionable and withdrew its reporting of results for the School for the school years 2007-2008, 2008-2009 and 2009-2010.

GUILTY PLEA

20. By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and the exhibits referred to in paragraphs 1 to 19 above (the "Agreed Facts").

21. The Member hereby acknowledges that the Agreed Facts above, 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(12), 1(13), 1(15), 1(18); and 1(19).

22. 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 Agreed Statement of 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 counsel for the College and himself 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.

23. In light of the Agreed facts, circumstances and 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 Ronald James Curridor committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(12), 1(13), 1(15), 1(18); and 1(19).

REASONS FOR DECISION

The Member acknowledged that the Agreed Facts in the Agreed Statement of Facts (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.

The Member, as a principal, breached the rules regarding the administration of EQAO tests as set out in the EQAO's Administration Guide titled Administering the Assessments of Reading, Writing and Mathematics. During the period from 2007 to 2010, the Member:

• Failed to provide for the security of materials by removing test items from the packages the night before the test for the benefit of teachers
• Altered student answers in a variety of ways and modified the multiple choice answer sheet of at least one student
• Made improper accommodations in that he allowed scribing for a student who did not have an IEP accommodation and permitted scribes to modify student answers
• Permitted students to leave the testing area to receive assistance.

As a result of the Member's behaviour and breach of EQAO instructions, the matter was investigated by the Board and the results of the tests were deemed questionable. Subsequently, EQAO withdrew its reporting of results for the School for the three years in question.

In light of the Member's behaviours 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(12), 1(13), 1(15), 1(18); and 1(19).

JOINT SUBMISSION ON PENALTY

Counsel for the College and counsel for 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:

(a) directs that the Member 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 of the Ontario College of Teachers (the "Register"). The reprimand will be delivered in person at the offices of the College, 101 Bloor Street West, Toronto, Ontario;

(b) directs the Registrar to suspend the Certificate of Qualification and Registration of the Member for a period of six (6) months 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. If the Member provides the Registrar with the written certificate referred to in paragraph (c)(ii) below prior to the expiry of six months, any remaining portion of the suspension shall not be imposed, provided that the period of suspension to be imposed shall not be less than three (3) months.

(c) directs the Registrar 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 Register until such time as they are fulfilled:

(i) the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding professional ethics within six (6) months of the date of the Order;

(ii) within thirty (30) days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:

A. he or she has reviewed a copy of the Agreed Statement of Facts, 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

B. the Member has successfully completed the course.

(d) 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, particularly to members of the profession involved in EQAO testing. Further, publication of the Member's name serves to assure the public that the College acknowledges the importance of properly administering and maintaining the integrity of EQAO testing. Past instances of EQAO breaches have all resulted in publication of the Member's name.

Submissions of Member's Counsel

Counsel for the Member submitted that the Member's name not be published in Professionally Speaking/Pour parler profession. Counsel expressed concern that publication with name would cause difficulty for the Member's children, who attend school in the small community in which he lives.

PENALTY DECISION

The Committee makes the following order as to penalty:

1. The Member is required 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 register.

2. The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of six (6) months commencing on May 8, 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. If the Member provides the Registrar with the written certificate referred to in paragraph 3(ii) below prior to the expiry of six months, any remaining portion of the suspension shall not be imposed, provided that the period of suspension to be imposed shall not be less than three (3) months.

3. 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 Register until such time as they are fulfilled:

(i) the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding professional ethics within six (6) months of the date of the Order;

(ii) within thirty (30) days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:

A. the course provider has reviewed a copy of the Agreed Statement of Facts, 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

B. the Member has successfully completed the course.

4. 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 inappropriate practices over a number of years, practices which jeopardized the reliability of the provincial testing process. As a school leader, the Member was given the responsibly for the ethical administration of the EQAO tests in his school. He failed to do this and consciously undermined their integrity. The Committee considers the Member's behaviour to be serious and warrants significant sanctions.

The Committee carefully assessed the arguments presented by both counsel in determining an appropriate penalty. The Member and the College accepted the fundamental elements of the penalty, specifically a reprimand, a suspension, a successfully completed course on professional ethics and publication of the findings, in summary form, in the official publication of the College. It was left to the Committee to determine whether the name of the Member would be published in the official publication of the College, Professionally Speaking/Pour parler profession.

The Committee agreed that a reprimand was appropriate in that the Member needed to have a specific deterrent to help him understand the serious nature of his misconduct. The registration of a reprimand on the Member's Certificate will additionally serve as a general deterrent, and most important, will signal to the profession and the public the importance of ethical leadership in our schools.

The length of the suspension is an appropriate specific deterrent and imposes considerable hardship on the Member. It also serves as a general deterrent in that it informs the profession that breaches of the EQAO guidelines will merit a significant sanction. Therefore members should closely adhere to instructions given to them regarding proper administration of provincial tests.

The requirement that the Member successfully complete a course on professional ethics will address the conduct engaged in by the Member and assist him in modifying it.

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 and is confident that the penalty, with its many elements, is in the public interest.

Date: May 8, 2014

Stefanie Achkewich, OCT Chair, Discipline Panel

Mel Greif Member, Discipline Panel

Ruth Ann Penny, OCT Member, Discipline Panel