DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against Maria Gowans, a member of the Ontario College of Teachers.
PANEL: Christine Bellini, OCT, Chair Monique Lapalme Arseneault Wes Vickers, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Caroline Zayid, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Law Clerk
- and –
(MARIA GOWANS) (CERTIFICATE # 201293) Maria Gowans, on her own behalf
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: July 3, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on July 3, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated June 11, 2013 (Exhibit 1) was served on Maria Gowans (the “Member”), requesting her presence on July 9, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for July 3, 2014.
The Member was in attendance at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated June 11, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Maria Gowans is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) 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 physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) she abused a student psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) she abused a student sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student as defined in section 1 of the Act;
(e) 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);
(f) 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); and
(g) she engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
At the outset of the hearing, Counsel for the College requested the withdrawal of allegations (b), (c) and (d) in the Notice of Hearing, namely subsections 1(7.1), 1(7.2) and 1(7.3) of Ontario Regulation 437/97.
The Committee granted this request, and these allegations were subsequently withdrawn.
STATEMENT OF UNCONTESTED FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced a Statement of Uncontested Facts, and Plea of No Contest (Exhibit 2), which provides as follows:
Maria Gowans (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.
At all material times, the Member was employed by the Toronto District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in Toronto, Ontario.
The Student attended the School, and thereafter continued as a student of the Board. The Member was the Student’s Grade [XXX] teacher. The Student was in Grade [XXX] during the 2007-2008 academic year.
Between June 2008 and January 2010, the Member crossed the boundaries of professional teacher-student conduct as described in the following paragraphs:
(a) In June 2008 the Student asked the Member about providing [XXX] and/or [XXX] services for the Member’s children. These arrangements were on consent of the Student’s mother. Over the summer of 2008, the [XXX] and/or [XXX] occurred two times per week and sometimes more often. The [XXX] and/or [XXX] would also occur when the Member’s husband and/or the Member’s mother was at home;
(b) On one occasion, the Member took the Student and her children to [XXX] for the Student’s birthday at her son’s request and gave the Student a hug and a kiss on the cheek;
(c) The [XXX] and/or [XXX] continued throughout the 2008-2009 academic year while the Student was in Grade [XXX] and in [XXX] and no longer a student at the School;
(d) During the Fall of 2008, the Student [XXX] and/or [XXX] the Member’s children at least once a week;
(e) The Student returned the School in the fall of 2008 and arranged through the Member to help the Member with the Grade [XXX] School [XXX] team. The Student was doing this to gain community service hours. The Member drove the Student and other students in her personal vehicle to and from [XXX] practices and games, with the permission of their parents;
(f) In the spring of 2009, the Student helped the Member do [XXX] drills for the School’s [XXX] team. Again the Student was doing this to gain community service hours;
(g) Also in the spring of 2009, the Member and the Student [XXX] together in preparation for a community [XXX] being held in June 2009. The Member and the Student [XXX] approximately 10 to 12 times alone throughout the neighbourhood usually on a Saturday or Sunday. On or about June 13, 2009, the Member and the Student participated in the [XXX] together, along with approximately 20 to 30 other students, as well as other members of the public;
(h) The Student’s mother was aware of the Student’s involvement in activities with the Member (the [XXX] and/or [XXX], assisting with the School [XXX] team, helping the Member with the School’s [XXX] team and [XXX] with the Member to prepare for the community [XXX]);
(i) The Student did not provide any [XXX] and/or [XXX] through the summer of 2009 and into September and early October 2009. In late October or early November 2009, the Student decided to return to [XXX] and/or [XXX] the Member’s children; and
(j) The Member and the Student communicated via text messages with regards to schedules having to do with [XXX] and/or [XXX], [XXX] and/or [XXX] and to chat about personal issues. Details of the texting are as follows:
(i) Between February 2009 and January 2010, approximately 2,200 text messages were sent between the Member and the Student;
(ii) During the text message exchanges the Member would often refer to the Student as “Babe”;
(iii) Text messages were exchanged between the Member and the Student during the Christmas holidays, including a text message sent by the Member to the Student on Christmas morning 2009, which stated something to the effect of “Christmas came early, Babe”; and
(iv) Many text message conversations between the Member and the Student occurred during school nights, late in the evening, 10:30 p.m. or 11:00 p.m. or early in the morning around 12:30 a.m.
The Member resigned from the Board on or about January 31, 2011 on the advice of the Elementary Teachers’ Federation counsel and has not been employed in the education sector since.
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 5 above (the “Uncontested Facts”).
PLEA OF NO CONTEST
The Member hereby acknowledges that the Uncontested Facts, taken as a whole in describing her relationship with the Student, referred to in paragraph 4 above, constitute conduct which is professional misconduct, and pleads no contest to the allegations of professional misconduct against her, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18-unprofessional) and 1(19).
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 Statement of 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 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 counsel for the College and herself 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.
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 Ontario 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 the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the Uncontested Facts, circumstances and plea of no contest, 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 College Counsel and by the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Maria Gowans committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18-unprofessional) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 5 of the Statement of Uncontested Facts, and Plea of No Contest (Exhibit 2). The Member acknowledged that the Uncontested Facts, taken as a whole in describing her relationship with the Student, referred to in paragraph 4 above, constitute conduct which is professional misconduct, and pleaded no contest to the allegations of professional misconduct against her. The Committee accepts the Member’s plea of no contest and the statement tendered by the parties.
The Committee finds that the Member’s actions, in particular, excessive texting with the Student during late hours in the evening, and during holidays and referring to the Student as “babe”, constitute acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18-unprofessional) and 1(19).
JOINT SUBMISSION ON PENALTY
Counsel for the College and 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:
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;
directs the Registrar of the Ontario College of Teachers (the “Registrar”) to suspend the Certificate of Qualification and Registration of the Member for a period of one (1) year, with such suspension having been served from July 2, 2013 to July 2, 2014. The fact of the suspension set out in this paragraph is to be recorded on the Register immediately.
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 as they are fulfilled:
(i) prior to the Member returning to the classroom, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding appropriate boundaries with students and boundary violation issues;
(ii) within thirty (30) days of her 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 Statement of Uncontested Facts, Plea of No Contest 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.
- 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 PENALTY
Submissions of College Counsel
College Counsel submitted that there was a Joint Submission on Penalty, yet the parties had not come to an agreement as to publication of the Member’s name, in the College’s official magazine, Professionally Speaking/Pour parler profession.
College Counsel spoke to the various elements of the proposed penalty and how they addressed both specific and general deterrence, rehabilitation, protection of the public and denunciation. Counsel presented mitigating factors stating that the Member was present for the hearing, she acknowledged her behaviour as being inappropriate and a willingness to change it, demonstrated respect for the disciplinary process, and spared the Student the emotional stress of attending a hearing. Aggravating factors were that this was a repeated behaviour over a period of a year, that the Student was very young, and that the Member’s boundary violations may have an impact on the Student’s emotional development.
Although Counsel requested that the Member’s name be published, she did not advance any specific arguments in support of this request.
Submissions of the Member
The Member requested that her name not be published in Professionally Speaking/Pour parler profession. The Member stated she has taught for the past sixteen years and has had no previous allegations made against her. She has taught over 1,000 students and this incident involves one. The Member stated that she went through a very public trial in which her photograph was in the media and she was acquitted. For the past four years and seven months the Member has not been able to find gainful employment. She asked that her name not be published since it will harm her children who are current students in the same school board where the incidents took place.
PENALTY DECISION
The Committee makes the following order as to penalty:
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 Register of the Ontario College of Teachers (the “Register”);
The Registrar of the Ontario College of Teachers (the “Registrar”) is directed to suspend the Certificate of Qualification and Registration of the Member for a period of one (1) year, with such suspension having been served from July 2, 2013 to July 2, 2014. The fact of the suspension set out in this paragraph is to be recorded on the 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 Register until such as they are fulfilled:
(i) prior to the Member returning to the classroom, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding appropriate boundaries with students and boundary violation issues;
(ii) within thirty (30) days of her 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 Statement of Uncontested Facts, Plea of No Contest 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.
- The findings and orders of the Committee shall be published in summary form, without the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR PENALTY
The Committee determined that the Joint Submission on Penalty (Exhibit 3) was proportionate to the misconduct committed by the Member and appropriate in the circumstances. Therefore, the Committee accepted the proposed penalty as agreed to by the parties.
The retroactive suspension, the reprimand, course work, and publication of the finding in summary, satisfied the appropriate penalty in this case as they serve as a specific deterrent to the Member. As well, the course work will be both educative and rehabilitative for the Member. The Committee felt that publishing the summary alone, without the name of the Member, still serves as a general deterrent to the profession. It also informs the public that the College deals with members of the profession who conduct themselves in an inappropriate and unprofessional manner.
The Committee considered the submissions made by the Member regarding publication without name. The Member stated that she had already gone through a very public trial and was acquitted, had learned her lesson and assured the Committee that she would never again place herself in such a situation. The Committee considered the Member’s conduct, on the Uncontested Facts as presented, to be low on the spectrum of professional misconduct. For these reasons, the Committee determined there was no further deterrence value in publishing the Member’s name.
The Committee is satisfied that the penalty is appropriate in the circumstances, and serves and protects the public interest.
Dated: July 3, 2014
Christine Bellini, OCT Chair, Discipline Panel
Monique Lapalme Arseneault Member, Discipline Panel
Wes Vickers, OCT Member, Discipline Panel