Ontario College of Teachers v. Levesque, 2014 ONOCT 58

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Levesque, 2014 ONOCT 58

Date: 2014-09-15

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

Denis Joseph Marcel Levesque, OCT, a member of the Ontario College of Teachers.

PANEL: Louis Sloan, OCT, Chair

Irene Dembek, OCT

Pauline Smart

BETWEEN: ) Eli Mogil,

) McCarthy Tétrault LLP, ) for Ontario College of Teachers,

ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,

) Law Clerk

• and – )

DENIS JOSEPH MARCEL LEVESQUE ) Kate Hughes,

(CERTIFICATE #265721) ) Cavalluzzo Shilton McIntyre ) Cornish LLP, for Denis Joseph

) Marcel Levesque

) Marc Spector,

) Steinecke Maciura LeBlanc, ) Independent Legal Counsel

) ) Heard: September 15, 2014

DECISION, REASONS FOR DECISION AND ORDERS

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

A Notice of Hearing dated October 3, 2012 was served on Denis Joseph Marcel Levesque (the “Member”), requesting his presence on November 6, 2012 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for September 15, 2014.

The Member was in attendance at the hearing.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated October 3, 2012 (Exhibit 1) are as follows:

IT IS ALLEGED that Denis Joseph Marcel Levesque is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (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 physically contrary to Ontario Regulation 437/97, subsection 1(7.1);

(c) he abused a student psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(d) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);

(e) 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

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

Counsel for the College requested the withdrawal of allegations (b) and (c), namely subsections 1(7.1) and 1(7.2) of Ontario Regulation 437/97. The Committee granted this request, and the allegations were subsequently withdrawn.

AGREED STATEMENT OF FACT

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:

1. At all material times, Denis Joseph Marcel Levesque (“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 with respect to the Member.

2. At all material times, the Member was employed by the Halton District School Board (the “Board”) as an [XXX] teacher at [XXX] School in [XXX], Ontario (the “School”). The Member was also a [XXX] at the School.

3. During the 2008-2009 academic year, Student No. 1 was a female student in Grade [XXX] at the School, and the Member was her teacher. During the 2009-2010 academic year, Student No. 1 was in Grade [XXX], and the Member was her teacher.

4. Between January 2009 and January 2010, the Member:

(a) provided Student No. 1 with his personal e-mail address and contact information for the purpose of communicating with the student's father regarding [XXX] activities. Thereafter, the Member engaged in personal communications with Student No. 1 via MSN instant messaging;

(b) drove Student No. 1 with other students in his personal vehicle to a [XXX]. On one occasion, the Member drove Student No. 1 alone home from a [XXX] after her father failed to pick her up;

5. From time to time, the Member took photographs of students to be used for a graduation slide show. During the 2009-2010 academic year, the Member photographed Student No. 1 and other students after they had stated that they did not want their photographs to be taken.

6. Between January 2009 and February 2010, the Member used a computer belonging to the Board (“the Board computer”) to access dating sites, and other sites. As a result of the Member’s personal use of the Board computer, pornographic images were present on the Board computer.

GUILTY PLEA

7. By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 6 above (the “Admitted Facts”).

8. The Member hereby acknowledges that the Admitted Facts referred to above constitute conduct which is professional misconduct and admits the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18), and 1(19).

9. 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 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.

10. 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 Denis Joseph Marcel Levesque committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18), and 1(19).

REASONS FOR DECISION

The Member acknowledged that the Admitted Facts in the Agreed Statement of Facts and Guilty Plea (Exhibit 2) constitute conduct which is professional misconduct and pleaded guilty to the allegations of professional misconduct against him. The Committee accepts the Member’s guilty plea and the facts contained in the Agreed Statement of Facts and Guilty Plea.

The Member acknowledges he engaged in unprofessional behaviour with students such as taking photographs of students after they had stated they did not want their photographs taken. The Member also admits engaging in personal communication with a student after providing his personal email address and contact information for the purpose of communicating with the student’s father. The Member showed a lack of judgement by driving students in his personal vehicle to a [XXX]. Further, on one occasion, the Member drove the student home alone after her father failed to pick her up.

Finally, the Member visited dating and other inappropriate websites on a computer belonging to the Board, resulting in the presence of images on the Board computer that could have been inadvertently viewed by students.

In light of the Member’s behaviour and guilty plea, the Committee finds that the Member committed acts of professional misconduct, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 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:

1. 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 West, Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);

2. 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 his own expense, within ninety (90) days of the Decision of the Discipline Committee, a course of instruction pre-approved by the Registrar regarding boundary violations;

(b) within thirty (30) days of his 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.

3. 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 and Member’s Counsel

College and Member’s Counsel submitted that the parties have now agreed that the Member’s name be published in Professionally Speaking/Pour parler profession. Publication serves as a specific deterrent to the Member, acts as a general deterrent to the profession and is in the public interest. Publication with name is consistent with the principles of specific and general deterrence.

Submissions of Member’s Counsel

Counsel for the Member provided the Committee with the Member’s curriculum vitae (Exhibit 4). Counsel used the exhibit to portray the Member as a highly engaged, responsible and active professional in the community with an unblemished record. It contained an exemplary account of the Member’s accomplishments over the past 20 years with the same board, which includes significant professional and community involvement.

PENALTY DECISION

The Committee makes the following order as to penalty:

1. 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.

2. 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. the Member shall enrol in and successfully complete at his own expense, within ninety (90) days of the Decision of the Discipline Committee, a course of instruction pre-approved by the Registrar regarding boundary violations;

B. within thirty (30) days of his 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) the course provider 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.

3. 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 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 presented by the parties.

A reprimand addresses the need for a specific deterrent and instructs the Member to consider his actions in the future. Coursework will provide the Member with strategies for understanding and

avoiding boundary violations and, therefore, satisfies the need for rehabilitation.

Personal communications with students is the subject of much debate, both in the profession and in the public sphere. It is now firmly established that teachers who engage in personal communications with students, could be disciplined in some manner. The development of electronic media is now firmly entrenched and has revealed many dangers for members of the profession. The ease of communication with students that this form of contact allows makes it easy to fall into precarious communication practices that could be deemed conduct unbecoming a member.

The Committee determined that publication with name as agreed to by the parties was appropriate in the circumstances. Publication of summary with the Member’s name contributes and guides other teachers in choosing appropriate personal and professional practises.

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

Date: September 15, 2014

Louis Sloan, OCT Chair, Discipline Panel

Irene Dembek, OCT

Member, Discipline Panel

Pauline Smart

Member, Discipline Panel