Ontario College of Teachers v. Ashford-Smith, 2014 ONOCT 3

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Ashford-Smith, 2014 ONOCT 3

Date: 2014-10-31

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 Heather Anne Ashford-Smith, a member of the Ontario College of Teachers

PANEL: Stefanie Achkewich, OCT, Chair Jean-Luc Bernard, OCT Annilee Jarvis, OCT

BETWEEN: )

) Ava Arbuck,

) McCarthy Tétrault LLP,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers

) assisted by Bev Hodsdon,

) Law Clerk

• and - )

HEATHER ANNE ASHFORD-SMITH ) Heather Anne Ashford-Smith, (CERTIFICATE # 169392) ) self-represented, but not present

) Julie Maciura,

) Steinecke Maciura LeBlanc,

) Independent Legal Counsel

) Heard: October 31, 2014

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on for hearing before a panel of the Discipline Committee (the "Committee") on October 31, 2014 at the Ontario College of Teachers (the "College") at Toronto.

The Member, Heather Anne Ashford-Smith was not in attendance, nor was she represented by legal counsel.

A Notice of Hearing dated October 3, 2012 was served on Heather Anne Ashford-Smith (the "Member"), requesting her presence on November 6, 2012 to set a date for a hearing, and specifying the allegations. The hearing was subsequently set for October 31, 2014.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated October 3, 2012 (Exhibit 1) are as follows:

IT IS ALLEGED that Heather Anne Ashford-Smith is guilty of professional misconduct and/or is incompetent as defined in subsections 30(2) and 30(3) 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 verbally, contrary to Ontario Regulation 437/97, subsection 1(7);

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

(d) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);

(e) 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);

(f) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19); and

(g) she displayed a lack of knowledge, skill or judgment and/or a 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 October 31, 2014, Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (d) and the allegation of incompetence outlined in paragraph (g) of the Notice of Hearing (Exhibit 1) be withdrawn. The Committee was in agreement and these allegations were subsequently withdrawn.

AGREED STATEMENT OF FACTS

Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced a Guilty Plea Inquiry (Exhibit 2) and an Agreed Statement of Facts and Guilty Plea (Exhibit 3), which provides as follows:

1. Heather Anne Ashford-Smith (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 with respect to the Member.

2. At all material times, the Member was employed by the [XXX] School (the "School"), a private co-ed school in Brampton, Ontario. The Member began her employment at the School in December 2004 as a [XXX] teacher. At all material times, the Member taught Grade [XXX] students at the School.

3. Over the course of the 2008-2009, 2009-2010, and 2010-2011 academic years, on occasion the Member would yell at students in her classes in a loud and shrill voice. Her yelling frightened some of her students, who believed that the Member was angry with them.

4. Over the course of the 2008-2009, 2009-2010, and 2010-2011 academic years, on occasion the Member's facial expressions would reveal her frustration with some of her students. These expressions frightened some of her students, who either believed the Member was frustrated with them, or witnessed her frustration with other students in the class.

5. These concerns were brought to the Vice Principal's attention by staff in the School and by parents. The Vice Principal discussed these concerns with the Member. The Member acknowledged that on occasion she used a loud voice to get students' attentions, and that on other occasions her naturally loud voice could be misconstrued as angry.

6. Over the course of the 2008-2009, 2009-2010, and 2010-2011 academic years, the Member would not assist students when they asked her for help unless she believed they had tried to help themselves first. Given their young age, some students did not understand this and believed the Member refused to help them with their work.

7. In and around May 2011, the Member disciplined one of her Grade [XXX] male students for excessive talking in class by telling him he was not allowed to talk during work periods for the remainder of the day.

8. On another occasion in May 2011, the Member told one of her students that his locker was a mess and reprimanded him about it in the presence of other students in the hallway at their lockers at the time.

9. On another occasion, the Member asked a student who had provided an incorrect answer to a question in class to remain standing, while she asked the other students whether or not they thought his answer was correct. The student felt singled out.

10. If the Member were to testify, she would say that she believed several of her students were making the same mistake as the student, and she was focused on attempting to figure out what part of the question was difficult for them.

11. The Member received two written warnings in May 2011 from the Principal regarding her behaviour and classroom management skills. Attached hereto and marked as Exhibit "B" is a copy of the Letter of Warning dated May 5, 2011. Attached hereto and marked as Exhibit "C" is a copy of the Letter of Warning dated Thursday May 12, 2011.

12. The Member was terminated on May 19, 2011. Attached hereto and marked as Exhibit "D" is a copy of the Letter of Termination received by the Member dated May 19, 2011.

13. The Member was frustrated with her inability to manage her students and sought out, attended and successfully completed a six week long workshop in classroom management. Attached hereto and marked as Exhibit "E" is a copy of a letter dated June 21, 2011, from the course provider.

GUILTY PLEA

14. By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1-13 above (the "Admitted Facts").

15. 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), 1(7.2) [emotional], 1(18) [unprofessional], 1(19).

16. 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 counsel 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.

17. 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 and onus and standard of proof, and the submissions made by College counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Heather Anne Ashford-Smith committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1 (7), 1(7.2) [emotional], 1(18) [unprofessional] and 1(19).

REASONS FOR DECISION

The Member acknowledged that the Admitted Facts in the Agreed Statement of Facts and Guilty Plea (Exhibit 3) constitute conduct which is professional misconduct and pleaded guilty to the allegations of professional misconduct against her. The Committee accepts the Member's guilty plea and the agreed statement tendered by the parties.

The Member, over the course of three academic school years, spoke in a loud and shrill voice and/or yelled at her Grade [XXX] and [XXX] students. In addition, her facial expressions were interpreted as angry and frustrated by some of her students. The students felt that the Member's anger and frustration were directed towards them.

As well, some of the Member's teaching strategies were inappropriate for the age group for which she was responsible. Specifically, the Member's expectation that the children help themselves before she offered her support was interpreted by the students as a refusal to provide help.

Furthermore, some of the Member's classroom management strategies were not suitable, respectful or conducive to learning. The Member disallowed a student to speak during work periods for the remainder of the day as a punishment for excessive talking. In addition, the Member singled out students on multiple occasions: a) by reprimanding a student about the condition of his locker in front of his peers, and b) by requiring a student to remain standing while his peers commented on his incorrect answer.

The Member was aware of her inappropriate behaviour, as it was brought to her attention by the school administration on multiple occasions. In fact, the Member acknowledged that on occasion she used a loud voice to get the students' attention and that her loud voice could be misconstrued as angry.

In light of the Member's behaviour 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(7.2) [emotional], 1(18) [unprofessional] and 1(19).

JOINT SUBMISSION ON PENALTY

Counsel for the College 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:

1. directs that prior to undertaking any teaching position or any other position for which a Certificate of Qualification and Registration is required, the Member shall appear before the Committee, on a date to be arranged by the Member, to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the "Register");

2. 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, or limitations to be recorded on the Register until such time as they are fulfilled:

(a) prior to undertaking any teaching position or any other position for which a Certificate of Qualification and Registration is required, the Member shall enroll in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding classroom management and discipline strategies;

(b) within thirty (30) days of her completion of the course outlined in (a) above, 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.

3. 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

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 submitted that publication with name ensures transparency and openness of the process, and restores public confidence. Counsel stated that the profession and the public have a right to know how the College deals with professional misconduct.

PENALTY DECISION

The Committee makes the following order as to penalty:

1. Prior to undertaking any teaching position or any other position for which a Certificate of Qualification and Registration is required, the Member shall appear before the Committee, on the date to be arranged by the Member, to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the "Register");

2. 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:

(a) prior to undertaking any teaching position or any other position 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 classroom management and discipline strategies;

(b) within thirty (30) days of her completion of the course outlined in (a) above, the Member shall provide the Registrar with a written certificate from the course provider stating that:

(i) he or she has reviewed a copy of 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.

3. The Committee directs that there 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 Committee determined that the Joint Submission on Penalty is proportionate to the misconduct committed by the Member and is appropriate under the circumstances. Therefore, the Committee accepted the proposed penalty presented by the parties.

The reprimand addresses the need for a specific deterrent and instructs the Member to consider her actions in the future. Coursework will provide the Member with classroom management and discipline strategies which are appropriate to students in [XXX].

The Committee determined that publication with the Member's name assures transparency and accountability of the disciplinary process and reinforces the mandate of the College to serve the public interest. Publication with name serves as a general deterrent by reminding the profession that such behaviour is not condoned.

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

Date: October 31, 2014

Stefanie Achkewich, OCT Chair, Discipline Panel

Jean-Luc Bernard, OCT Member, Discipline Panel

Annilee Jarvis, OCT Member, Discipline Panel