Ontario College of Teachers v Jefferson, 2014 ONOCT 51

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Jefferson, 2014 ONOCT 51

Date: 2014-05-15

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 Louis William Jefferson, a member of the Ontario College of Teachers.

PANEL: Stefanie Achkewich, OCT, Chair Mel Greif Hanno Weinberger, OCT

BETWEEN:

ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk

• and –

LOUIS WILLIAM JEFFERSON (CERTIFICATE #416684) Louis William Jefferson, was not present or represented

Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel

Heard: May 15, 2014

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on before a panel of the Discipline Committee (the “Committee”) on May 15, 2014 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing dated December 18, 2013 (Exhibit 1) was served on Louis William Jefferson (the “Member”), requesting his presence on January 13, 2014 to set a date for a hearing and specifying the charges. The hearing was subsequently set for May 15, 2014.

The Member was not in attendance at the hearing.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated December 18, 2013 (Exhibit 1) are as follows:

IT IS ALLEGED that Louis William Jefferson is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of 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 psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(c) he 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;

(d) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(e) he contravened a law, the contravention of which may cause a student to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);

(f) 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

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

(h) he has been found to have committee professional misconduct by the Commissioner for Teacher Regulation in British Columbia based on facts that would constitute professional misconduct, contrary to Ontario Regulation 437/97, section 2.

PUBLICATION BAN

A non-publication order (Exhibit 3) was issued under subsection 486.5(1) of the Criminal Code (Canada), in the proceedings in the Provincial Court of British Columbia. The Committee is therefore required to uphold this publication ban imposed in the matter of Regina v. Louis William Jefferson in the Provincial Court of British Columbia. There shall be no publication of any information that might tend to identify the victim involved in this matter.

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 3), which provides as follows:

1. At all material times, the Member, Louis William Jefferson (the “Member”) was 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.

2. At all material times, the Member also held a Professional Certificate under the Teaching Profession Act in British Columbia, pursuant to section 33(2) of the Teachers Act, SBC 2011, c. 19. This Professional Certificate was cancelled on July 6, 2012.

The Conduct

3. The Member was employed as a secondary school teacher in Vancouver, British Columbia, with School District No. 39 (the “District”), at various schools in the District. He was employed as a teacher at a summer school at [XXX] School (the “School”) at all times material to this Agreement.

4. In the period of time between July and August 2010, Mr. Jefferson was teaching a summer school course in [XXX] at the School. One of his students was a [XXX] year old female student (“Student No. 1”).

5. During the course of teaching Student No. 1, the Member engaged in private e-mail communications with her.

6. In late August 2010, the Member drove Student No. 1 to an area near the [XXX] in [XXX], British Columbia to go [XXX]. While [XXX], the Member hugged Student No. 1, kissed her on the lips, and lay on the ground on top of her.

7. On October 8, 2010, the Member was charged with sexual exploitation contrary to section 153 of the Criminal Code of Canada, which resulted from the facts set out in Paragraph 6 above.

8. On November 1, 2010, the District made a report to the British Columbia College of Teachers regarding the Member, advising that he had been charged with sexual exploitation, contrary to section 153(1)(a) of the Criminal Code. The Member was suspended without pay, pending disposition of the criminal proceedings.

9. On October 4, 2012, the Member pleaded guilty to the lesser and included criminal charge of assaulting Student No. 1. Attached hereto and marked as Exhibit “B” is a copy of the transcript of the proceedings for the guilty plea.

10. On October 9, 2012, the Member was sentenced in the Provincial Court of British Columbia at Richmond, B.C. to one (1) day in jail, plus 18 months of probation. Included in the terms of probation were the conditions that the Member have no contact directly or indirectly with Student No. 1, and that he pay $2500 restitution to assist Student No. 1 with counselling costs. A further order was made that he provide [XXX]. Attached hereto and marked as Exhibit “C” is a copy of the transcript of the Reasons for Sentence.

The Proceedings between the Commissioner, Appointed in British Columbia under the Teachers Act, and the Member

11. Effective on or about the 11th day of July, 2013, the Commissioner, appointed under the Teachers Act, SBC 2011, c.19, and the Member entered into a Consent Resolution Agreement made pursuant to section 53 of the Teachers Act. Attached hereto and marked as Exhibit “D” is a copy of the signed Consent Resolution Agreement in the matter regarding the Member.

12. The Consent Resolution Agreement outlines the facts admitted by the Member to be true, as well as the fact that the conduct described in the Agreement constitutes professional misconduct and is contrary to Standards 1 and 2 of the Standards for the Education, Competence and Professional Conduct of Educators in British Columbia (third edition, February 2008).

13. The Consent Resolution Agreement also contains, at paragraph 16, the following statement: “Mr. Jefferson agrees not to make any statement orally or in writing which contradicts, disputes or calls into question the terms of this Agreement or the admissions made in this Agreement”.

14. The consequences of the Consent Resolution Agreement included cancellation of the Member’s certificate, as well as publication of the agreement in full, on the following website: www.bcteacherregulation.ca.

GUILTY PLEA

15. By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and exhibits referred to in paragraphs 1 to 14 above (the “Admitted Facts”).

16. The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct. The Member admits the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/9, subsections 1(5), 1(7.2), 1(7.3), 1(16), 1(17), 1(18), 1(19), and that he has been found to have committed professional misconduct by the Commissioner for Teacher Regulation in British Columbia based on facts that would constitute professional misconduct as defined in Ontario Regulation 437/97. The Member also admits that he engaged in sexual abuse of a student(s) of a nature defined in Sections 1 and 40(1.1) of the Act.

17. 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 Admitted Facts being presented to the Discipline Committee;

(c) he understands that by pleading guilty 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 his counsel and counsel for the College with respect to the penalty 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.

18. 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, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Louis William Jefferson committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(16), 1(17), 1(18), 1(19), and that he has been found to have committed professional misconduct by the Commissioner for Teacher Regulation in British Columbia based on facts that would constitute professional misconduct, contrary to Ontario Regulation 437/97, section 2. The Committee also finds that the Member engaged in sexual abuse of a student(s) of a nature defined in Sections 1 and 40(1.1) of the Act.

REASONS FOR DECISION

Through the Agreed Statement of Facts and Guilty Plea (Exhibit 3), the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 14 above (the “Admitted Facts”), and acknowledges that the Admitted Facts constitute conduct which is professional misconduct. The Member admits the allegations of professional misconduct against him and pleaded guilty to the allegations of professional misconduct against him. The Committee accepts the Member’s guilty plea and the Admitted Facts outlined in the agreement tendered by the parties.

The Committee finds that the Member’s conduct with one of his students, and subsequent conviction of assault of the Student and the sentence imposed amount to professional misconduct. In addition, as a result of a Consent Resolution Agreement, the Member has been found to have committed professional misconduct by the Commissioner for Teacher Regulation in British Columbia based on facts that would constitute professional misconduct as defined in Ontario Regulation 437/9, leading to the cancellation of the Member’s certificate in British Columbia.

JOINT SUBMISSION ON PENALTY

Counsel for the College and counsel for 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:

(a) directs the Registrar of the Ontario College of Teachers to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar; and

(b) 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:

1. The Registrar is directed to revoke the Certificate of Qualification and Registration of the Member.

2. 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

Revocation is the appropriate penalty for misconduct of this nature. The Member engaged in an inappropriate relationship with a student in his care, which included hugging the student, kissing the student on her lips and laying on the ground on top of the student. The Member was subsequently found guilty of assault and his teaching certificate was cancelled in British Columbia.

The Member has breached the trust between a teacher and a student under his care and has therefore forfeited the privilege of holding a teaching certificate and being a member of the teaching profession.

Publication with name has been agreed to by the Member and, in these circumstances, is warranted and appropriate. The Committee determined that publication with the Member’s name will provide specific deterrence to the Member and general deterrence to the teaching profession. Publication also demonstrates the transparency of the discipline process and advises the public and the profession that the College will not tolerate such behaviour.

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

Date: May 15, 2014

Stefanie Achkewich, OCT Chair, Discipline Panel

Mel Greif Member, Discipline Panel

Hanno Weinberger, OCT Member, Discipline Panel