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
Catherine Ellen Darlington, OCT, a member of the Ontario College of Teachers
PANEL: Stefanie Achkewich, OCT, Chair Irene Dembek, OCT Pauline Smart
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Joanne Excellent, Legal Counsel, for Ontario College of Teachers
- and -
CATHERINE ELLEN DARLINGTON (CERTIFICATE # 463801) Catherine Ellen Darlington, was not present, nor was she represented
Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: February 20, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on February 20, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated May 16, 2013 was served on Catherine Ellen Darlington (the “Member”) requesting her presence on June 3, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for February 20, 2014.
The Member was not in attendance.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated May 16, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Catherine Ellen Darlington is guilty of professional misconduct and/or is incompetent as defined in subsection 30(2) and 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 in her professional responsibilities a lack of knowledge, skill or judgement and/or a disregard for the welfare of students of a nature or extent that demonstrates that she is either unfit to carry out her professional responsibilities or that her certificate should be made subject to terms, conditions or limitations.
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the allegations of professional misconduct outlined in paragraphs (a) and (b) of the Notice of Hearing (Exhibit 1) be withdrawn.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 considered this request and authorized the withdrawal of allegations (a) and (b), namely subsections 1(5) and 1(15) of Ontario Regulation 437/97.
College counsel tendered a Proof of Membership document (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 2003 and that she is currently a member in good standing.
MEMORANDUM OF AGREEMENT
Counsel for the College advised the Committee that an agreement was reached between the parties and introduced a Memorandum of Agreement (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.
The Member commenced employment with the Trillium Lakelands District School Board (the “Board”) on September 1, 2003, and worked as a permanent teacher from September 3, 2003 until February 3, 2012.
Between June 2010 and December 2010 while assigned to Archie Stouffer Elementary School and Cardiff Elementary School and Wilberforce Elementary School, the Member received two performance appraisals in accordance with subsection 277.37(1) of the Education Act relating to Teacher Performance Appraisal of Experienced Teachers, with the following results:
(a) Summative Report dated June 10, 2010 – Unsatisfactory; and
(b) Summative Report dated December 9, 2010 – Unsatisfactory.
The performance appraisals noted concerns in the following areas: lesson planning; curriculum/lesson delivery; classroom management; communication; and evaluation and assessment.
The Member was placed on review status following receipt of the second unsatisfactory performance appraisal.
In September 2011, the Member was assigned a permanent position in Kindergarten at Archie Stouffer Elementary School, while teaching at Wilberforce Elementary School.
A third performance appraisal was conducted in November 2011.
The Member was advised by the Board in November 2011 that she would be receiving a third unsatisfactory performance appraisal. On or about November 25, 2011, the Board, the Federation and the Member entered into a Memorandum of Agreement in which it was agreed that the Member would resign her employment with the Board effective February 3, 2012 and, in the interim, be placed on a leave of absence with pay.
The Member resigned from her employment with the Trillium Lakelands District School Board effective February 3, 2012.
By this document, the Member pleads to incompetence as alleged in the Notice of Hearing, issued on May 16, 2013.
The Member voluntarily admits the above particulars and understands that by doing so, she is waiving the right to require the College to prove the case against her 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, no appeal of any or all of the terms 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 make a finding of incompetence;
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 plea will be accepted, the finding will be made, and the order will be imposed;
the Member agrees and undertakes to, prior to seeking or engaging in employment where a certificate of qualification and registration is required, successfully complete, at her own expense, a course of instruction, pre-approved by the Registrar. The course must be an Accredited Additional Basic Qualification or Additional Qualification course.
the Member agrees and undertakes to provide the Registrar with written confirmation of her successful completion of the course described above, prepared by the course practitioner, within 30 calendar days of completion.
the Member agrees that, until such time as the requirements of paragraphs 15, 16 and 18 of this Memorandum of Agreement are completed, her Certificate of Qualification and Registration will be subject to Terms, Conditions and Limitations as set out in paragraph 15, 16 and 18.
the Member agrees and undertakes to provide the Registrar with a copy of her next Performance Appraisal, within 30 calendar days of its completion;
the Member agrees and understands that if the Registrar is provided with an unsatisfactory Performance Appraisal with respect to her conduct, he has the discretion to initiate an additional complaint against her;
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. There may also be other amendments made to 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 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 her 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;
the Member confirms that she understands the nature and effect of this MOA and that she has obtained independent legal advice in this regard;
the Parties agree that a signed fax or other copy of this MOA shall have the same force and effect as the original of this document; and
the Parties agree that this MOA may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
DECISION
Having examined the exhibits filed, and based on the Memorandum of Agreement, the plea of incompetence, and the submissions made by counsel for the College, the Committee ratifies the Memorandum of Agreement. The Committee finds the Member to be incompetent in that she displayed a lack of knowledge, skill or judgment and/or disregard for the welfare of students of a nature or extent that demonstrates that the Member is unfit to continue to carry out her professional responsibilities or that her certificate should be made subject to terms, conditions or limitations.
REASONS FOR DECISION
The Committee finds the Member to be incompetent, having accepted the Member’s plea and the agreed facts contained in the signed MOA (Exhibit 3).
The Memorandum of Agreement confirms that the Member received two Teacher Performance Appraisals of Experienced Teachers between June and December 2010. On each occasion, the Member’s performance was deemed to be “unsatisfactory” in the areas of lesson planning, curriculum/lesson delivery, classroom management, communication and evaluation and assessment. A third performance appraisal was conducted in November 2011, also deemed unsatisfactory. Subsequently, the Board, the Member and her Federation entered into a Memorandum of Agreement where the Member agreed to resign her employment.
This evidence, to which the Member has admitted, allows the Committee to conclude that a finding of incompetence is appropriate in this matter.
RESOLUTION
The Committee accepts the Joint Submission on Resolution and makes the following order:
- 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 of the College until such time as they are fulfilled:
(i) Before seeking or engaging in employment requiring a Certificate of Registration and Qualification, the Member is to successfully complete, at her own expense, an Accredited Additional Basic Qualification or Additional Qualification course, to be pre-approved by the Registrar.
(ii) The Member must provide the Registrar with written confirmation of her successful completion of this course, prepared by the course practitioner, within thirty calendar days of the completion.
(iii) The Member must provide the Registrar with a copy of her next Performance Appraisal, within thirty calendar days of its completion.
REASONS FOR RESOLUTION
The Committee carefully considered and accepted the Joint Submission on Resolution.
The Member has acknowledged incompetence in her teaching practice. The Member is required to complete an Additional Qualification or Additional Basic Qualification course prior to resuming any teaching responsibilities in publicly funded schools in Ontario. This will assist the Member in acquiring the necessary skills to improve her practice and reinforce her awareness of the competencies expected of a teacher.
The Committee is satisfied that the public interest is served by imposing these terms, conditions and limitations on the Member’s certificate.
Date: February 20, 2014
Stefanie Achkewich, OCT Chair, Discipline Panel
Irene Dembek, OCT Member, Discipline Panel
Pauline Smart Member, Discipline Panel