DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996, c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against Normand Lucien Lapointe, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair Stefanie Achkewich, OCT Annilee Jarvis, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk
- and -
NORMAND LUCIEN LAPOINTE (CERTIFICATE #455765) Howard Rubel, Heller, Rubel, Barristers, for Normand Lucien Lapointe
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: May 27, 2014
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated January 22, 2013, with the support of Counsel for the Member.
The Member, Normand Lucien Lapointe, was in attendance.
THE ALLEGATIONS
The allegations against Normand Lucien Lapointe in the Notice of Hearing, (Exhibit 1) dated January 22, 2013 are as follows:
IT IS ALLEGED that Normand Lucien Lapointe is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of the Ontario College of Teachers Act (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 sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;
(c) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) thereof or the Regulations made under those Acts, 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).
Counsel for the College submitted that the College was seeking to withdraw the Notice of Hearing in exchange for an undertaking signed by the Member. College Counsel stated that this was a difficult case. The focus of the Committee should be the public interest, which would be protected by the Member’s signed Undertaking and a notation on the public register regarding this undertaking. By withdrawing the allegations in exchange for an undertaking, the College would spare witnesses, including the Student, from having to continue on in the proceeding.
The Member has signed an Undertaking not to teach again or seek reinstatement of his Certificate. Counsel for the Member consented to the withdrawal of the allegations in the Notice of Hearing.
The Committee accepted the Member’s Undertaking and acknowledged that the notation on the Member’s Certificate of Qualification and Registration will be entered on the public register. Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Normand Lucien Lapointe set out in the Notice of Hearing dated January 22, 2013 in exchange for the Undertaking and Acknowledgment dated May 27, 2014.
The Undertaking and Acknowledgment provides as follows:
The Member resigned as a member of the Ontario College of Teachers effective May 27, 2014.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes that he will never teach again in any public or private school in Ontario which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking and Acknowledgment may constitute professional misconduct and in those circumstances the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges that his status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and that the notation will read as follows:
“On May 27, 2014, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was in process and the allegations were withdrawn”.
- The Member acknowledges his understanding about the scope, purpose and effect of his execution of this Undertaking and Acknowledgement and is executing same voluntarily, unequivocally and with the advice of legal counsel.
Independent legal counsel advised the Committee that it had jurisdiction to make the order requested pursuant to Rule 13(13) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
The Committee concludes that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment and the notation placed on the Public Register of the Ontario College of Teachers is appropriate and serves to protect the public interest.
Date: May 27, 2014
Robert Gagné Chair, Discipline Panel
Stefanie Achkewich, OCT Member, Discipline Panel
Annilee Jarvis, OCT Member, Discipline Panel