Ontario College of Teachers v Oettershagen, 2014 ONOCT 78

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Oettershagen, 2014 ONOCT 78

Date: 2014-06-18

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

Renée Luise Oettershagen, OCT, a member of the Ontario College of Teachers

PANEL: Christine Bellini, OCT, Chair Stefanie Achkewich, OCT Jean-Luc Bernard, OCT

BETWEEN:

ONTARIO COLLEGE OF TEACHERS Joanne Excellent, Legal Counsel, for Ontario College of Teachers

• and -

RENÉE LUISE OETTERSHAGEN (CERTIFICATE # 430154) Renée Luise Oettershagen, was not present, nor was she represented

Rebecca Durcan, Steinecke Maciura LeBlanc, Independent Legal Counsel

Heard: June 18, 2014

DECISION, REASONS FOR DECISION AND ORDERS

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 18, 2014 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing dated September 9, 2013 (Exhibit 1) was served on Renée Luise Oettershagen (the “Member”) requesting her presence on September 26, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for June 18, 2014.

Neither the Member nor her legal counsel were in attendance. College Counsel noted that both the Member and her legal counsel were aware of the hearing set for June 18, 2014 and were informed that College Counsel would be presenting a Memorandum of Agreement on their behalf.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing dated September 9, 2013 are as follows:

IT IS ALLEGED that Renée Luise Oettershagen is guilty of professional misconduct and/or is incompetent as defined in subsections 30(2) and 30(3) of 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 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); and

(c) she displayed a lack of knowledge, skill or judgment and/or a disregard for the welfare of students of a nature or extent that demonstrates that the member is either unfit to carry out her professional responsibilities or that the member’s certificate should be made subject to terms, conditions or limitations.

At the outset of the hearing, Counsel for the College stated that the College only intended to proceed with the allegation of incompetence and therefore requested that the allegations of professional misconduct outlined in paragraphs (a) and (b) of the Notice of Hearing be withdrawn. The Committee considered this request and authorized the withdrawal of allegations (a) and (b), namely subsections 1(5) and 1(15) of Ontario Regulation 437/97.

College Counsel provided the Committee with the Registered Membership Information for Renée Luise Oettershagen (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 1999 and is currently a member in good standing.

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 (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.

1. At all material times, the Member was employed by the Halton District School Board (the “Board”) as a Grade 5 and Kindergarten Planner teacher at Captain R. Wilson Public School (the “School”). The member also covered the Behaviour Resource Class.

2. The Member commenced employment with the Board on September 1, 1999, and worked as a teacher from September 1, 1999 until March 31, 2012.

3. Between February 2009 and April 2010, the Member received two not satisfactory performance appraisals in accordance with section 277.40 of the Education Act relating to the Teacher Performance Appraisal for Experienced Teachers (TPA), with the following results:

(a) Summative Report dated February 10, 2009 – Not Satisfactory; and

(b) Summative Report dated April 23, 2010 – Not Satisfactory.

4. The performance appraisals noted concerns in the following areas: lesson planning; curriculum/lesson delivery; classroom management; communication; and evaluation and assessment.

5. After her second not satisfactory performance appraisal, the Member resigned from her employment with the Board on March 31, 2012.

6. By this document, the Member pleads no contest to incompetence for displaying a lack of knowledge, skill or judgment in respect of two performance evaluations as alleged in the Notice of Hearing, issued on September 23, 2013.

7. The Member voluntarily admits the above particulars 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:

8. the Parties agree and undertake that upon ratification of this MOA, there shall be no further action taken, 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;

9. 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;

10. the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall make a finding of incompetence against her;

11. 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 plea will be accepted, the finding will be made, and the order will be imposed;

12. the Member agrees and undertakes to, before August 31, 2014, successfully complete, at her own expense, a course of instruction, pre-approved by the Registrar. The course must be an Accredited Additional Basic Qualification or Additional Qualification course;

13. the Member agrees and undertakes to provide the Registrar with written confirmation of her successful completion of the course described above, prepared by the course practitioner, within 30 calendar days of completion;

14. the Member agrees and undertakes to provide the Registrar with a copy of her next Performance Appraisal, within 30 calendar days of her having it as completed;

15. the Member agrees that, until such time as the requirements of paragraphs 12, 13 and 14 of this Memorandum of Agreement are completed, her Certificate of Qualification and Registration will be subject to Terms, Conditions and Limitations as set out in paragraphs 12, 13 and 14;

16. the Member agrees and understands that if the Registrar is provided with an unsatisfactory Performance Appraisal with respect to her conduct, he has the discretion to initiate an new complaint against her;

17. 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 until such time as the requirement in paragraphs 12, 13 and 14 are completed. There may also be other amendments made to the Public Register to reflect this agreement between the Parties, including amendments to the Member’s Status, Status History and Terms, Conditions and Limitations;

18. 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;

19. 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;

20. 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;

21. the Member confirms that she understands the nature and effect of this MOA and that she has obtained independent legal advice in this regard;

22. the Parties agree that a signed fax or other copy of this MOA shall have the same force and effect as the original of this document; and

23. the Parties agree that this MOA may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

DECISION

Having examined the exhibits filed, and based on the Memorandum of Agreement, the plea of no contest to incompetence, and the submissions made by Counsel for the College, the Committee ratifies the Memorandum of Agreement. The Committee finds the Member to be incompetent in that she displayed a lack of knowledge, skill or judgment that demonstrates that the Member is unfit to continue to carry out her professional responsibilities or that her certificate should be made subject to terms, conditions or limitations.

REASONS FOR DECISION

The Committee finds the Member to be incompetent, having accepted the Member’s plea of no contest and the facts contained in the signed MOA (Exhibit 3).

The MOA confirms that between February 2009 and April 2010, the Member received two unsatisfactory performance appraisals in accordance with section 277.37 of the Education Act relating to Teacher Performance Appraisals.

In particular, the Member demonstrated difficulty in the areas of lesson planning, curriculum/lesson delivery, classroom management, communication, and evaluation and assessment. As an experienced teacher, the receipt of two unsatisfactory performance appraisals confirms a lack of knowledge and skill sufficient to meet the needs of her students.

This evidence, which the Member does not contest, allows the Committee to conclude that a finding of incompetence is appropriate in this matter.

RESOLUTION

The Committee accepts the Joint Submission on Resolution and makes the following order:

1. 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 to be recorded on the College’s public register until such time as they are fulfilled:

(i) Before August 31, 2014, the Member is to successfully complete, at her own expense, an Accredited Additional Basic Qualification or Additional Qualification course, to be pre-approved by the Registrar.

(ii) The Member must provide the Registrar with written confirmation of her successful completion of the aforementioned course, prepared by the course practitioner, within 30 calendar days of the completion.

(iii) The Member must provide the Registrar with a copy of her next Performance Appraisal, within 30 calendar days of her having it as completed.

REASONS FOR RESOLUTION

The Committee carefully considered and accepted the Joint Submission on Resolution.

The Member has acknowledged incompetence in her teaching practice. The Member is required to complete an Additional Qualification or Additional Basic Qualification course, and this measure will assist the Member in acquiring the skills needed to improve her practice and reinforce her awareness of the competencies expected of a teacher.

The Committee is satisfied that the public interest is served by imposing these terms, conditions and limitations on the Member’s certificate.

Date: June 18, 2014

Christine Bellini, OCT Chair, Discipline Panel

Stefanie Achkewich, OCT Member, Discipline Panel

Jean-Luc Bernard, OCT Member, Discipline Panel