DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Dale Vincent Gerald Maheux, a member of the Ontario College of Teachers at the time of the conduct dealt with in this matter.
PANEL: Stefanie Achkewich, OCT, Chair Mel Greif
Ruth Ann Penny
BETWEEN: ) ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Law Clerk
- and – )
) Dale Vincent Gerald Maheux was ) not present or represented
DALE VINCENT GERALD MAHEUX )
(CERTIFICATE #537156) )
) Marc Spector,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: May 8, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 8, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing (Exhibit 1), dated March 19, 2014 was served on Dale Vincent Gerald Maheux, requesting his attendance before the Discipline Committee of the Ontario College of Teachers on April 17, 2014 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for May 8, 2014.
The Member did not appear, nor was he represented.
Counsel for the College submitted an Affidavit of Daniela De Bartolo, Law Clerk at McCarthy Tétrault, sworn May 5, 2014 (Exhibit 2) detailing service of documents and communications she had sent to the Member with respect to the date and time of the hearing. The Committee was satisfied with the evidence in the Affidavit that the Member had been properly served with the Notice of Hearing and all disclosure documents and was aware of the time and date of the hearing and the penalty being sought.
The Committee therefore proceeded to hear the matter in the absence of the Member, commencing at 9:40 a.m., forty minutes past the time scheduled for the hearing.
THE ALLEGATIONS
The allegations against Dale Vincent Gerald Maheux (the “Member”) in the Notice of Hearing are as follows:
IT IS ALLEGED that Dale Vincent Gerald Maheux 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 physically contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) 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;
(e) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(f) 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);
(g) 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);
(h) 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
(i) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS:
At all material times, Dale Vincent Gerald Maheux (the “Member”) was a member of the Ontario College of Teachers.
At all material times, the Member was employed by the Lambton District School Board (the “Board”) as a teacher in Sarnia, Ontario.
At all material times, Person A was a [XXX] year old female person.
From September 2008 and including November 2012, the Member:
(a) had inappropriate physical contact with Person A on more than one occasion;
(b) had sexual contact with Person A on more than one occasion.
- On or about April 29, 2013, the Member was found guilty of the following charge that:
(a) between the 1st day of January in the year 2008 and the 17th day of November in the year 2012 at the City of Windsor in the Southwest Region did, being a person who was in a position of trust and authority towards a young person, with a part of his body for a sexual purpose touch that young person, namely Person A contrary to subsection 153(1)(a) of the Criminal Code (Canada).
On or about April 29, 2013, the Member was sentenced to three (3) years imprisonment.
The Member has not appealed the conviction and/or sentence.
PUBLICATION BAN
A non-publication order (Exhibit 4, Tab A) was issued under subsection 486.4 of the Criminal Code (Canada), in the proceedings in the Ontario Court of Justice. The Committee is therefore required to uphold this publication ban imposed in the matter of Her Majesty The Queen v. Dale Vincent Maheux by the Ontario Court of Justice. There shall be no publication of any information that might tend to identify the victim or witnesses involved in this matter.
MEMBER’S PLEA
As the Member was not present or represented by counsel, the Committee proceeded on the basis that the Member denied the allegations set out in the Notice of Hearing. The Chair, on behalf of the Member, entered a plea of not guilty to the allegations.
THE EVIDENCE
College Counsel entered into evidence the following additional documents:
Registered Member Information (Exhibit 3); and Brief of Court Documents - Her Majesty The Queen v. Dale Vincent Maheux (Exhibit 4).
The Brief of Court Documents (Exhibit 4) with respect to the criminal proceedings contained the following documents:
TAB
DOCUMENT
PAGE No.
A.
Warning and Certified Copy of Information dated 21 Nov 2012
1-6
B.
Certified Copy of Prohibition Order Imposed at Sentencing dated 29 April 2013
Certified Copy of Prohibition Order dated 29 April 2013
1-2
1
C.
Transcript of Proceedings at Guilty Plea (and Sentencing) before Mr. Justice G. DeMarco at Windsor dated 29 April 2013
1-49
The evidence presented in the Brief of Court Documents (Exhibit 4) confirmed that on or between the 1st day of January in the year 2008 and the 17th day of November in the year 2012 at the City of Windsor in the Southwest Region did, being a person who was in a position of trust and authority towards a young person, with a part of his body for a sexual purpose touch that young person, namely Person A contrary to subsection 153(1)(a) of the Criminal Code (Canada). On April 29, 2013, the Member was sentenced three (3) years months imprisonment.
SUBMISSIONS ON FINDING
College Counsel submitted the Brief of Court documents (Exhibit 4) in support of the allegations in the Notice of Hearing. The Member was represented by counsel in the criminal proceedings.
College Counsel made submissions that the Member’s conduct was the most egregious case of any matter brought before the College that he has seen. College Counsel stated the Member’s behaviour as detailed in the record of the criminal proceedings and the resultant criminal conviction provided a sufficient basis to justify a finding of professional misconduct under all the heads of misconduct alleged in the Notice of Hearing.
DECISION
Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Dale Vincent Gerald Maheux committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(7.2), 1(7.3), 1 (15), 1(16), 1 (17), 1(18) and 1(19).
REASONS FOR DECISION
The Committee accepts as fact, as detailed in the Brief of Court Documents contained within Exhibit 4, that on April 29, 2013 the Member was convicted of sexual exploitation and on April 29, 2013 was sentenced to three years imprisonment. The Member has not appealed the criminal conviction and sentence.
The law of evidence and Rules 13.03 and 13.04 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee of the Ontario College of Teachers allow the Committee to accept a certificate of conviction as proof that an offence was committed by a person, where there is a finding of guilt and conviction in a Canadian court, provided that there is no evidence to the contrary and that no appeal has been granted.
The Member sexually assaulted a [XXX] year old female person, for which he was criminally convicted and sentenced to three (3) years imprisonment.
The Committee finds that the Member’s actions and attendant criminal conviction for sexual exploitation of the victim constitute acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1),1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19).
SUBMISSIONS ON PENALTY
College Counsel clarified that the Member’s certificate was revoked on December 11, 2013 by a panel of the Discipline Committee and provided a copy of the Committee’s prior decision. College Counsel submitted that even though the Member had been revoked, the behaviour occurred while he was a member and is therefore subject to the jurisdiction of the Discipline Committee, pursuant to subsection 14(5) of the Act. Counsel therefore submitted that the only remedy available to the Committee was publication of the findings with the Member’s name, to make his behaviour fully transparent.
PENALTY DECISION
The Committee makes the following order as to penalty:
There shall 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.
REASONS FOR PENALTY
The Member, over a four year period, sexually assaulted a [XXX] year-old female person, conduct for which he was subsequently convicted criminally and sentenced to prison for three (3) years.
The Committee concurs with the submissions of College Counsel that in spite of the fact that the Member’s certificate was already revoked, which is the most severe penalty available to be imposed by a panel of the Discipline Committee, that the Committee still had an obligation and a right to make public the ongoing misconduct of the Member.
The conduct of the Member towards a young person sinks to the level of abhorrence and was fundamentally reprehensible – in fact it was vile. Having been convicted of sexual assault and sexual exploitation of another young person, the Member, while waiting for the imposition of a sentence in that matter, repeated the sexual interference with another young person.
The Committee determined that had the Member not already been revoked, revocation would have been the result. The Committee, pursuant to subsection 33(6.6) of the Act, would also have imposed a lengthy period of time before which the Member could apply for reinstatement. The Committee is convinced of the unlikelihood of any possible reinstatement.
Publication of the findings with the Member’s name serves to advise the profession and the public that sexual misconduct will result in the severest penalty available and certain public denunciation.
The Committee is satisfied that the finding and the publication order protect the public interest and uphold the standards of the teaching profession.
Dated: May 8, 2014
______________________________ Stefanie Achkewich, OCT
Chair, Discipline Panel ______________________________ Mel Greif Member, Discipline Panel
Ruth Ann Penny
Member, Discipline Panel