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
Mary Roberta McEwen, OCT, a member of the Ontario College of Teachers
PANEL: Robert Gagné, Chair Vicki Shannon, OCT Louis Sloan, OCT
BETWEEN: )
) Alyssa Brierley,
) Legal Counsel,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers
- and - )
) Allyson Otten, Legal Counsel,
MARY ROBERTA MCEWEN ) Ontario Principals’ Council (CERTIFICATE # 282578) ) for Mary Roberta McEwen
) Marc Spector,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: November 20, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 20, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated August 1, 2014 was served on Mary Roberta McEwen (the “Member”) requesting her presence on August 28, 2014 to set a date for a hearing and specifying the allegations. The hearing was subsequently set for November 20, 2014.
The Member and her Counsel were in attendance at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated August 1, 2014 (Exhibit 1) are as follows:
IT IS ALLEGED that Mary Roberta McEwen is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (the “Act”) in that:
(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) she failed to keep records as required by her professional duties, contrary to Ontario Regulation 437/97, subsection 1(10);
(c) she signed or issued, in her professional capacity, a document that she knows or ought to know contains a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);
(d) she 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);
(e) she 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) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
College Counsel tendered the Membership Information for Mary Roberta McEwen (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 1998 and that she was registered with the College during the period of the alleged events.
MEMORANDUM OF AGREEMENT
Counsel for the College advised the Committee that an agreement had been reached between the parties and introduced a Memorandum of Agreement dated October 26, 2014 (the “MOA”) (Exhibit 3), which provides as follows:
Agreed Statement of Facts
The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.
At all material times, the Member was employed by the Algoma District School Board (the “Board”). In September 2007, the Member was hired by the Algoma District School Board as a Principal of Spanish Public School and served in the position until the school’s closure in 2011. Subsequently, the Member worked as a Vice-Principal and Ojibwe Language Teacher at Blind River Public School before her 2012 transfer to a Principal position at Kiwedin Public School (the “School”).
Mary Roberta McEwen (the “Member”) is a member of the College in good standing.
In December 2012, the School hosted its Annual Turkey Dinner. In previous years, the food had been prepared by an outside catering company. However, in 2012 the caterer used in the previous year projected the event would cost $5,000, which was beyond what the School could afford in light of its 2012 budget. According to the Member, she still wanted to hold the event and, since she had formal training and work experience as a caterer, she prepared the food at School with the assistance of the Parent Council.
The staff reported this to the Board, as they were concerned that the preparation of food in this manner was a violation of the Algoma Public Health rules. As a result, the Board commenced an investigation.
The investigation found that, during her employment at the Kiwedin Public School, the Member purchased a bladeless fan in the amount of $90.35 for her office, using a $500.00 gift card obtained through the Parent Council funding, and a D-Link Modem in the amount of $109.98, purchased using the School Fund. According to the Member, when she was provided with the gift card at the beginning of her tenure at the School, she was not advised of any limits in respect of how the funds could be spent and believed that these purchases were permitted.
During the 2012-2013 school year, the School hosted an annual Little Caesars Pizza fundraising event. The Member organized the fundraiser and helped to manage it with her office assistant, but was placed on home assignment three weeks prior to the end of the fundraiser. There was a shortfall of $194.00 in the money raised. According to the Member once she was assigned to home, she was no longer involved in managing the fundraiser. The Board investigation concluded that the Member had failed to maintain and/or safeguard the funds, resulting in the shortfall.
During the 2012-2013 school year, teachers regularly submitted receipts to the Member for reimbursement out of petty cash. In approximately December 2012, four teachers submitted receipts for a total of $216.19 of which $180.45 was submitted as part of petty cash reimbursement. These teachers deny being paid for these receipts. The Member maintains that she did reimburse the teachers and did so following her usual process of immediately paying the teachers in cash for the receipts out of the petty cash. The Board investigation concluded that the Member requisitioned a cheque in the amount of $180.45 payable to herself. The Member maintains this was consistent with her usual practice of submitting the expenses, requisitioning a cheque in her name which the Member then cashed and used to restore the petty cash.
The Board investigation concluded that the Member also submitted and received a duplicate payment of travel expenses in the amount of $129.72 from both the School funds and the Budgetary Accounting System. According to the Member, this was not a duplicate payment, but rather a correct reimbursement of two identical expenses which the Member incurred travelling to Sault Ste. Marie twice: once to attend an Aboriginal Focus Group with ADSB students and once, two days prior, to ensure all of the planning was ready for the Aboriginal Focus Group at the request of the Superintendent.
On January 29, 2013, the Member was head butted by a student and she left the school that day not feeling well and to seek medical attention from her family physician. The Member did not go to work the next day, nor did she notify anyone of her absence. According to the Member, she attempted to notify Board staff of her absence, but was unable to reach anyone and so no one was placed in charge during her absence.
During the 2012- 2013 school year, food vouchers were purchased by Kiwedin Public School to augment student lunches and provide snacks for students. A teacher was responsible for food purchases using the vouchers from September to November; however, the vouchers were turned over to the Member in November as a result of ETFO’s “pause on non-instructional duties.” According to the Member, no accounting of the vouchers was done when the responsibility for the snack program was transferred to her, nor was an accounting done when she was assigned to home in February. In the Spring of that year, $137.00 in food vouchers ultimately could not be located.
During the Member’s previous assignment at Spanish Public School, she used the Board’s Purolator Courier account for personal use. The Member acknowledged having used the Purolator Courier account for personal use on a couple occasions between September 2009 and April 2010, and reimbursed the school. In addition, the Member applied for approved credit from the Loblaw store on behalf of the school. This permitted the Member to purchase items for Spanish Public School’s Breakfast and Snack program at the No Frills in Elliott Lake on credit. The Member states that she would then return to the school with the invoice and it would be paid by the School Secretary. In August 2011, the Member acknowledges having purchased a few personal items while she was shopping for the school. The Member indicates that she obtained two receipts one for the school items and one for her personal items; the school Secretary sent a cheque for the school purchases and the Member paid her personal invoice by personal cheque. The Member was advised by the Board to stop this practice and she complied.
The Board also reported that they had received several Health & Safety concerns, including the improper storage and administering of student medications, which were not kept under lock and key. The Member maintains that the lock of the cabinet in which student medications were kept was broken when she began her tenure at the School. After requesting that the lock be fixed, which was not possible, the Member ordered a new cabinet. According to the Member, between September and October 2013, while the School was waiting for a new locked cabinet to be delivered, student medicines were kept in a cabinet that while not locked, was always under the supervision of office staff.
On February 7, 2013, the Member was assigned to home with pay. On May 3, 2013, the Member resigned from the Board.
By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on August 1, 2014 subject to the clarifications and admissions made in this MOA.
The Member voluntarily admits the above particulars, for the purpose of this proceeding only, and understands that by doing so, she is waiving the right to require the College to prove the case against her and the right to a contested hearing.
Joint Submission on Resolution
The Parties agree to resolve the matter as follows:
the Parties agree and undertake that upon ratification of this MOA, there shall be no further action taken in this administrative proceeding, no appeal of any or all of the terms of this agreement, and no application for judicial review, providing the terms of this MOA are adhered to;
the Parties agree and understand that if any phrase or paragraph of this MOA is deemed null and void, the MOA shall be read as though the phrase or paragraph that was stricken from the MOA and the amended MOA shall remain in force and effect;
the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find her guilty of professional misconduct and she shall receive a reprimand from the Committee;
the Member shall 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’s public Register. The reprimand shall be delivered at the offices of the College located at 101 Bloor Street West, Toronto, Ontario;
the Member agrees and understands that for the purpose of considering this matter, the Discipline Committee will be provided with this MOA and the Notice of Hearing, which will be marked as Exhibits and will constitute the evidence upon which the guilty plea will be accepted, the finding of guilt or finding will be made, and the penalty or order will be imposed;
the Member agrees and undertakes that she will, within ninety (90) days of ratification of this MOA successfully complete, at her own expense, a course(s) of instruction covering professional ethics, pre-approved by the Registrar;
the Member agrees and undertakes to provide the Registrar with written confirmation of her successful completion of this course(s), prepared by the course practitioner(s), within 30 calendar days of completion. The course practitioner will also confirm that he/she reviewed the Decision, Reasons and Orders of the Discipline Committee and MOA before commencing the course and that, based on his/her interactions with the Member, he/she is satisfied that the Member understands that his/her conduct was inappropriate;
the Member agrees and understands that upon ratification of this MOA, a notation shall be placed on the Public Register, maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. This information will also be contained on the Certificate of Qualification and Registration, public register, and Statement of Professional Standing. There may be amendments made to these documents and the Public Register to reflect this agreement between the Parties, including amendments to the Member’s Status, Status History and Terms, Conditions and Limitations;
the Member agrees and understands that the College shall publish a summary of the complaint and its resolution as contained in this MOA. Such publication shall include the Member’s name and shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College web site, and in any other manner the Registrar deems appropriate;
the Member agrees and understands that upon ratification of this MOA, the College shall make the Decision and Reasons of the Discipline Committee available for review by the public in the College’s Margaret Wilson Library, on the College’s website and in any other forum the Registrar deems appropriate;
the Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw and/or any other on-line legal database;
the Member agrees and understands that this MOA is the entire agreement between her and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MOA; and,
each party may sign a separate copy of this MOA which, when so signed and delivered, shall be an original copy even though not signed by the other parties. All such separately signed copies shall together constitute evidence of all parties’ consent to be bound by this agreement.
DECISION
Having examined the exhibits filed, and based on the Memorandum of Agreement and the submissions made by both Counsel, the Committee ratifies the Memorandum of Agreement. The Committee finds that Mary Roberta McEwen committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(10), 1(12), 1(15) 1(18) and 1(19).
REASONS FOR DECISION
Through the MOA, the Member voluntarily admitted the particulars set out in the agreement and waived her right to require the College to prove the case against her. The Committee accepts the MOA and finds the Member guilty of professional misconduct.
The Committee finds the Member had failed to conduct herself in accordance with her professional and ethical obligations. As a principal, the Member was in a position of trust and added responsibility. The Member had a duty to serve as a leader and role model for the students, teachers and the parents of her school, as well as the larger school community.
It was the Member’s responsibility as principal to manage funds ethically, and to keep and maintain proper accounting records. If the Member was unclear with respect to appropriate practices to follow, it was her responsibility to seek clarification. The appearance of propriety is important to build and maintain trust with the school community. The lack of transparency in the Member’s administrative practices drew her conduct into question, and undermined the respect and confidence which the public places on the role of principal. As such, the Board commenced an investigation, during which the Member was assigned to home duties, pending the result.
The Member pled guilty to professional misconduct. By her actions and admission, the Member has breached Ontario Regulation 437/97, subsections 1(5), 1(10), 1(12), 1(15) 1(18) and 1(19). As a principal, the Member occupied a position of trust and responsibility, and the Member’s failure to follow the ethical standards of the profession brought the position of principal and school leader into disrepute.
RESOLUTION
The Committee accepts the Joint Submission on Resolution and submissions from both Counsel, and makes the following order as to penalty:
The Member shall 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's public 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 and limitations are to be recorded on the College’s public Register until such time as they are fulfilled:
(a) Within 90 calendar days of ratification of this MOA, the Member is to successfully complete, at her own expense, a course of instruction covering professional ethics, pre-approved by the Registrar.
(b) The Member is to provide the Registrar with written confirmation of her successful completion of this course, prepared by the course practitioner(s), within 30 calendar days of completion. The course practitioner will also confirm that he/she reviewed the Decision, Reasons and Orders of the Discipline Committee and the MOA before commencing the course and that, based on his/her interactions with the Member, he/she is satisfied that the Member understands that her conduct was inappropriate.
- 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 RESOLUTION
The Committee carefully considered and accepted the Joint Submission on Resolution. It is determined that the Member failed to act in a professional and ethical matter. In her role as principal, the Member was required to ethically and effectively manage School and Board funds, and to follow appropriate practices.
The Committee found that the Member was not transparent in her practices, nor did she seek advice or guidance to ensure appropriate procedures were followed. The Committee determined that a reprimand is reasonable and appropriate, as it will serve as a specific deterrent to the Member.
The Committee further determined that a course of instruction covering professional ethics will provide the Member with an understanding of the ethical standards and obligations of the profession. This serves a remedial purpose and better prepares the Member for maintaining the standards of the profession.
The Committee determined that publication of the findings and order, with the Member’s name, responds to the need for transparency and accountability and serves the public interest, as well as informing the profession of the consequences of unethical behaviour. Publication with the Member’s name acts as a specific deterrent to the Member, as well as a general deterrent to the profession. It sends a message to members that behaviour of this nature will be shared in Professionally Speaking/Pour parler profession, and will inform the profession of appropriate practice.
The Committee is satisfied that the penalty is appropriate in the circumstances, and serves to protect the public interest.
Date: November 20, 2014
Robert Gagné Chair, Discipline Panel
Vicki Shannon, OCT Member, Discipline Panel
Louis Sloan, OCT Member, Discipline Panel