DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996 (the “Act”) and Ontario Regulation 437/97 thereunder;
AND IN THE MATTER OF a discipline proceeding against Joseph Mpitabakana, a member of the Ontario College of Teachers.
PANEL: Monique Lapalme Arseneault, Chair
Louis Sloan, OCT
Marie-Louise Chartrand
BETWEEN: )
) Christine Lonsdale and Dina Awad of
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Annie Lacroix, Law Clerk
– and – )
) Joseph Mpitabakana
Joseph Mpitabakana ) was not present at this hearing
(CERTIFICATE #522280) ) nor was he represented by legal counsel
) Renée A. Kopp,
) Jones Harley LLP,
) Independent Legal Counsel )
) Heard: September 2, 2014
PENALTY DECISION
On March 24, 2014, a panel of the Discipline Committee (the “panel”) handed down a decision finding Joseph Mpitabakana (“the Member”) guilty of professional misconduct. The hearing resumed on September 2, 2014 for a briefing on the question of the penalty.
Joseph Mpitabakana was not in attendance at the penalty hearing nor was he represented by legal counsel.
Penalty Decision
The discipline panel makes the following order as to penalty:
The Discipline Committee directs the Registrar to suspend the Member’s Certificate of Qualification and Registration for three months as of September 2, 2014.
The Discipline Committee directs the Registrar to impose the following conditions and limitations on the Member’s Certificate of Qualification and Registration, and to publish this decision in the public register:
(i) Prior to accepting any teaching position requiring a Certificate of Qualification and Registration, the Member must enrol, at his own expense, in a course, approved in advance by the Registrar, on maintaining appropriate boundaries between teachers and students.
(ii) Within 30 days of completion of the course, the Member must provide the Registrar directly with proof of successful completion of the course.
The Discipline Committee further directs that prior to accepting any teaching position requiring a Certificate of Qualification and Registration, the Member is to appear before the Discipline Committee at the College’s offices in Toronto to receive a verbal reprimand from the Committee. The fact of this reprimand is to be published in the College’s public register.
The Discipline Committee directs that the decision and order of the Committee are to be published in summary form, including the Member’s name as it appears in the public register, in the next regular issue of Professionally Speaking/ Pour parler profession.
Reasons for Penalty Decision
The panel carefully considered the arguments put forward by Counsel for the College. It accepted the basic elements of the penalty and order; that is, a three-month suspension, successful completion of a course on maintaining the boundaries between teachers and students, a reprimand and publication in the College magazine.
In the panel’s estimation, the three-month suspension sends a clear message to the Member and to the members of the teaching profession that such conduct is taken very seriously and will not be tolerated. Nevertheless, while taking into consideration the fact that the Member is not in the classroom, it is important to underscore the seriousness of his actions by imposing an appropriate penalty. The three-month suspension, to take effect on September 2, 2014, will deter the Member from repeating the inappropriate conduct; that is, failing to maintain the boundaries between a teacher and a student or students.
In the Committee’s opinion, the Member must take a course to thoroughly familiarize himself with and to apply the professional standards governing relationships with students. This course serves both an educational and a rehabilitative purpose.
In the Committee’s estimation, a reprimand is a penalty proportionate to the misconduct, which will serve as a specific deterrent for the Member, given that he will have to appear before the panel prior to accepting any teaching position in Ontario, and will impress upon him the seriousness of his misconduct. The fact that the reprimand will be published in the College’s public register of members will serve as a general deterrent and will also demonstrate to the public that the College continues to take such misconduct very seriously. Although the Member was not in attendance during this proceeding, in the panel’s estimation, this fact ought not to limit its discretion as to the imposition of a reprimand.
The Committee takes seriously its responsibility to hand down decisions which act as a general deterrent. With respect to publishing, the only way to make the members of the teaching profession aware of the seriousness of such misconduct is to publish the most comprehensive information possible, and particularly the name of the Member. Accordingly, the Committee believes that the publication of the Member’s name is appropriate and constitutes an important element of the penalty.
The Committee finds that this penalty is appropriate, preserves the integrity of the teaching profession, maintains public confidence in the teaching profession and serves and protects the public interest.
September 2, 2014 ______________________________
Monique Lapalme Arseneault
Chair, Discipline Committee Panel
Louis Sloan, OCT
Member, Discipline Committee Panel
Marie-Louise Chartrand
Member, Discipline Committee Panel