DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996, c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against Leo Oja, a member of the Ontario College of Teachers.
PANEL: Pauline Smart, Chair Christine Bellini, OCT Wes Vickers, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Law Clerk
- and -
LEO OJA (CERTIFICATE #249874) Jerry Raso, Ontario English Catholic Teachers’ Association, for Leo Oja
Rebecca Durcan, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: November 20, 2014
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing (Exhibit 1) dated May 30, 2013.
The Member, Leo Oja was not in attendance.
THE ALLEGATIONS
The allegations against Leo Oja in the Notice of Hearing, dated May 30, 2013 are as follows:
IT IS ALLEGED that Leo Oja is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) of 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 abused a student sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student 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 subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(f) 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
(g) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
College Counsel submitted that the College was seeking to withdraw the Notice of Hearing in exchange for an undertaking signed by the Member. Counsel for the College advised that the matter would be strongly contested if it were to proceed to a full hearing.
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Leo Oja set out in the Notice of Hearing dated May 30, 2013 in exchange for the Undertaking and Acknowledgment, dated November 17, 2014 of the Member as follows:
The Member will resign as a member of the Ontario College of Teachers with immediate effect.
The Member undertakes that he will never seek reinstatement of his Certificate of Qualification and Registration.
The Member undertakes that he will never teach again in any public or private school in Ontario or work in any position which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking and Acknowledgment may constitute professional misconduct and that in those circumstances, should he obtain a Certificate of Qualification, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges that the Public Register of the Ontario College of Teachers will reflect the fact that the status of his Certificate of Qualification and Registration will be “Resigned-Cancelled” and the notation will read as follows:
“On November 20, 2014, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of his Certificate of Qualification and Registration. The Member gave notice of his retirement from the teaching profession prior to becoming aware of the allegations against him, and resigned his membership while a disciplinary proceeding was pending”.
- The Member acknowledges that he understands the scope, purpose and effect of his execution of this Undertaking and Acknowledgement and executes the same voluntarily, unequivocally, and with the advice of legal counsel.
Independent legal counsel advised the Committee that it had jurisdiction to make the order requested pursuant to Section 4.1 of the Statutory Powers Procedure Act.
The Committee concludes that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment in these circumstances is reasonable and serves to protect the public interest.
Date: December 15, 2014
Pauline Smart Chair, Discipline Panel
Christine Bellini, OCT Member, Discipline Panel
Wes Vickers, OCT Member, Discipline Panel