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
Milka Ivanova, OCT, a member of the Ontario College of Teachers.
PANEL: Pauline Smart, Chair Irene Dembek, OCT Vicki Shannon, OCT
BETWEEN: ) Ava Arbuck, ) McCarthy Tétrault LLP, ) for Ontario College of Teachers, ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo, ) Law Clerk
- and – ) MILKA IVANOVA ) Robyn White, (CERTIFICATE #493470) ) Cavalluzzo Shilton McIntyre ) & Cornish LLP, ) for Milka Ivanova ) Marc Spector, ) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: July 22, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on July 22, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated April 11, 2014 was served on Milka Ivanova (the “Member”), requesting her presence on May 8, 2014 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for July 22, 2014.
The Member was in attendance.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated April 11, 2014 (Exhibit 1) are as follows:
IT IS ALLEGED that Milka Ivanova is guilty of professional misconduct as defined in subsection 30(2) 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 physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(d) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(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).
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:
Milka Ivanova (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.
At all material times, the Member was employed by the Toronto District School Board (the “Board”).
During the 2008-2009 and 2009-2010 academic years, the Member taught [XXX] to Grade [XXX] and [XXX] students at [XXX] School in Toronto, Ontario.
During the 2012-2013 academic year, the Member taught [XXX] to Grade [XXX] students at [XXX] School in North York, Ontario.
The allegations arise out of incidents that occurred at both schools.
2008-2009 and 2009-2010 Academic Years:
During the winter months of the 2009-2010 academic year, the Member believed her classroom was too cold for her students. Prior to the heating in the classroom being repaired, the Member brought in an electric heater and placed it in her classroom.
On or about January 5, 2010, Student No. 1, an [XXX] year old Grade [XXX] male student in the Member’s class, accidentally knocked over the heater and burned his hand when he attempted to pick it up, resulting in a slight red mark by his thumb. The Member immediately sent Student No. 1 to the office for ice. The Vice Principal advised the Member to move the heater to an area away from the students.
On April 22, 2010, Student No. 1 was talking to the student beside him while he was doing his work when the Member grabbed his wrist and removed him from the classroom.
The Vice Principal observed a red mark on the inside of Student No. 1’s wrist, which the student said was caused by the Member grabbing his wrist.
At times when students were off task during class, the Member verbally directed them to sit on their knees on the carpet in the middle of the classroom, and use their chair seats as desks, for brief periods of time as a form of discipline.
On occasion the Member put tape over the mouths of students and told them not to talk. On occasion, some students also placed tape over their own mouths. Some of the students thought it was funny. Others believed they were being punished for talking and annoying the Member.
As a result of the Board’s investigation, administrators concluded that the Member’s behaviour was unacceptable, and required that the Member attend classroom management courses and anger management counseling prior to September 1, 2010. In addition, she was required to move to another school. Attached hereto and marked as Exhibit “B” is a copy of the Board’s Letter to the Member dated June 28, 2010.
2012-2013 Academic Year:
On Thursday November 8, 2012, Student No. 2 was trying to write in the agenda book belonging to Student No. 3. Student No. 2 did not stop when Student No. 3 asked her to, but threw a pencil at him instead. In response, Student No. 3 threw the pencil back at Student No. 2, and it almost hit the eye of another student.
The Member questioned Student No. 3 about this misbehaviour and pushed him when he did not respond.
Board administrators investigated the incident and concluded that the Member had pushed Student No. 3 against a coat closet. By letter dated December 12, 2012, the Board notified the Member that she was suspended for ten (10) days without pay as a result of her conduct. Attached hereto and marked as Exhibit “C” is a copy of the Discipline Letter dated December 12, 2012.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1-15 above (the “Admitted Facts”).
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(7.1), 1(7.2), 1(15), 1(18), 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 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 with the advice of legal counsel.
- 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, 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 Milka Ivanova committed acts of professional misconduct as alleged, 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 acknowledged that the Admitted 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 her. The Committee accepts the Member’s guilty plea and the statement tendered by the parties.
The Member engaged in professional misconduct through inappropriate acts such as forcibly grabbing students, putting scotch tape over the mouths of students so they would be quiet, and directing them to sit or kneel on the floor using their seats as desks as a discipline measure. The Member exercised poor judgment in placing a heater within reach of her students, causing a student to slightly burn his hand. 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(7), 1(7.1), 1(7.2), 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:
directs that the Member appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
directs the Registrar to suspend the Certificate of Qualification and Registration of the Member for a period of one (1) month 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.
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) the Member shall enrol in and successfully complete at her own expense within three months of the date of this Order, a course of instruction pre-approved by the Registrar regarding classroom management skills;
(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 document made an exhibit at the hearing of this matter, and the Decision and Reasons of the Discipline Committee; and
(ii) 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 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.
Counsel stated that the intent of the penalty is to provide specific deterrence, general deterrence, rehabilitation, remediation and the protection of the public. The suspension, reprimand and the course in classroom management skills serve as a specific deterrent, and deliver the message that the Member has engaged in professional misconduct, and that any future misconduct will not be tolerated.
Counsel submitted that publication with name denounces the Member’s actions, acts as a specific and general deterrent and advises the profession that the College will not shield its members from such misconduct.
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. Counsel concluded that in the absence of a good reason not to publish with name, the name of the Member should be published.
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 stated that the Member did not agree that her name be published, and reminded the Committee that they had the discretion with respect to publication of the Member’s name. Counsel further stated that the Member’s suspension, reprimand and course work are more than sufficient to achieve the College’s mandate.
PENALTY DECISION
The Committee makes the following order as to penalty:
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.
The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of one (1) month commencing on July 22, 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.
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 her own expense, within three months of July 22, 2014, a course of instruction pre-approved by the Registrar regarding classroom management skills;
(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 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
B. the Member has successfully completed the course.
- 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 Committee carefully assessed the arguments presented by Counsel for the Member and Counsel for the College 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 regarding classroom management skills 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 her understand the serious nature of her misconduct. The registration of a reprimand on the Member’s Certificate will additionally serve as a general deterrent.
The length of the suspension is an appropriate specific deterrent to the Member, and serves as a general deterrent in that it informs the profession that such misconduct will merit a similar sanction.
The requirement that the Member successfully complete a course of instruction regarding classroom management skills will address the conduct engaged in by the Member and assist her in modifying it.
The Committee determined that publication with the name of the Member was appropriate in the circumstances, given the young age of the students, the seriousness of the Member’s actions and her continued pattern of behaviour despite having received previous warnings and a discipline letter from her Board.
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 is confident that the penalty is both appropriate and in the public interest.
Date: July 28, 2014
Pauline Smart Chair, Discipline Panel
Irene Dembek, OCT
Member, Discipline Panel
Vicki Shannon, OCT
Member, Discipline Panel