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
Timothy Richard Jarzylo, a member of the Ontario College of Teachers.
PANEL: Irene Dembek, OCT, Chair Alexander (Sandy) Bass, OCT
Mel Greif
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Litigation Paraprofessional
- and – )
TIMOTHY RICHARD JARZYLO ) Robyn White,
(CERTIFICATE # 176741) ) Cavalluzzo Shilton McIntire
) Cornish LLP,
) for Timothy Richard Jarzylo
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: March 6, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on before a panel of the Discipline Committee (the “Committee”) on March 6, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated January 3, 2013 (Exhibit 1) was served on Timothy Richard Jarzylo (the “Member”), requesting his presence on February 12, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for March 6, 2014.
The Member was not in attendance at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated January 3, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Timothy Richard Jarzylo is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1966 (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 abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) 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);
(d) 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
(e) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
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:
Timothy Richard Jarzylo (the “Member”) is a member of the Ontario College of Teachers. He has retired from teaching. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information for the Member.
At all material times, the Member was employed by the Near North District School Board (the “Board”) as a teacher at [XXX] School (the “School”).
In or around September-October 2011, the Member sent two male students out of a class the Member was teaching, for talking. Student No. 1 and Student No. 2 went out into the hall by some lockers.
While the students were in the hall, the Member came out of the class and approached Student No. 1. The Member placed his hands on Student No. 1’s chest and pushed him away from the lockers. He then verbally directed Student No. 1 to stop talking and go to the office.
On April 19, 2011, the Member was admonished by a panel of the Investigation Committee in relation to a complaint involving two incidents of inappropriate physical interventions with students which occurred on December 1, 2008 and April 3, 2009. Attached hereto and marked as Exhibit “B” is a copy of the Investigation Committee’s decision, and the Memorandum of Agreement between the College and the Member.
PLEA OF NO CONTEST
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 1-5 above (the “Uncontested Facts”).
The Member hereby acknowledges that the Uncontested Facts constitute conduct which is professional misconduct, and pleads no contest to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(7.1), 1(15), 1(18), and 1(19).
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 Uncontested Facts being presented to the Discipline Committee;
(c) he understands that by pleading no contest 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.
- The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise 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 and circumstances, 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 Timothy Richard Jarzylo committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(15), 1(18) and 1(19).
REASONS FOR DECISION
Through the Statement of Uncontested Facts and Plea of No Contest (Exhibit 2), the Member acknowledged that his behaviour constituted professional misconduct and pleaded no contest to the allegations of professional misconduct against him. The Committee accepts the Member’s plea of no contest and the Uncontested Facts outlined in the agreement tendered by the parties.
On April 19, 2011, the Member was admonished by a panel of the Investigation Committee in relation to a complaint involving two incidents of inappropriate physical interventions with students which occurred on December 1, 2008 and April 3, 2009. In a Memorandum of Agreement between the College and the Member, signed in March 2011, the Member agreed to undertake and complete a course of instruction pertaining to appropriate discipline interventions.
The Member in or around September-October 2011, placed his hands on Student No. 1’s chest and pushed him away from the lockers.
The Committee finds that the facts set out in the Statement of Uncontested Facts constitute professional misconduct, which the Member did not contest. Based on these uncontested facts and the Member’s conduct, the Committee finds that Timothy Richard Jarzylo committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1), 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 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”);
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) at least thirty (30) days before commencing work as a teacher at any public or private school, the Member shall notify the Registrar of the date on which he intends to return to work as a teacher and the name of his employer;
(b) prior to commencing work as a teacher at any public or private school, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding appropriate discipline interventions;
(c) within thirty (30) days of his completion of the course outlined in (b) above, and prior to commencing work as a teacher at any public or private school, 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 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
(ii) the Member has successfully completed the course.
- 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.
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 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, or limitations to be recorded on the Register until such time as they are fulfilled:
(a) at least thirty (30) days before commencing work as a teacher at any public or private school, the Member shall notify the Registrar of the date on which he intends to return to work as a teacher and the name of his employer;
(b) prior to commencing work as a teacher at any public or private school, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding appropriate discipline interventions;
(c) within thirty (30) days of his completion of the course outlined in (b) above, and prior to commencing work as a teacher at any public or private school, 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 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
(ii) the Member has successfully completed the course.
- The findings and order 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 accepted the Joint Submission on Penalty. The Member has demonstrated a pattern of behaviour that speaks to a recidivist nature of using inappropriate physical contact in disciplining students. This behaviour was demonstrated during a time when the Member was under review by the Investigation Committee for the same inappropriate approach to discipline.
The reprimand by his peers and on behalf of the profession acts as a specific deterrent to the Member. The fact of the reprimand will remain on the Member’s certificate for a period of three years and will serve as a general deterrent to the profession.
The Committee was advised that the Member did not complete a course of instruction on appropriate discipline interventions as he had undertaken to do in the Memorandum of Agreement signed in March 2011. This Committee therefore orders that prior to a return to teaching the Member must successfully complete a course of instruction regarding appropriate discipline interventions. This course must be pre-approved by the Registrar. This course will assist the Member in developing appropriate discipline techniques.
These terms, conditions and limitations will appear on the Member’s certificate until successful completion and act as a specific deterrent to the member and a general deterrent to the profession.
Publication with name will serve as a specific deterrent to this Member and as a general deterrent to the members of the teaching profession as a whole. Such publication will demonstrate to the public that the College takes the issue of inappropriate physical contact seriously and that misconduct such as that engaged in by the Member will not be tolerated.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: March 6, 2014
Irene Dembek, OCT
Chair, Discipline Panel
Alexander (Sandy) Bass, OCT
Member, Discipline Panel
Mel Greif
Member, Discipline Panel