DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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 Donovan Anthony Patterson, a member of the Ontario College of Teachers
PANEL: Stefanie Achkewich, OCT, Chair Jean-Luc Bernard, OCT Monique Lapalme Arseneault
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Alyssa Brierley, Legal Counsel, for Ontario College of Teachers
- and -
DONOVAN ANTHONY PATTERSON (CERTIFICATE # 196605) James Cameron, Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l., for Donovan Anthony Patterson
Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: October 3, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 3, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated February 14, 2013 was served on Donovan Anthony Patterson (the “Member”) requesting his presence on February 27, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for October 3, 2014.
Neither the Member or his Counsel were present at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated February 14, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Donovan Anthony Patterson is guilty of professional misconduct as defined in subsection 30(2) 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 failed to keep records as required by his professional duties, contrary to Ontario Regulation 437/97, subsection 1(10);
(c) 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);
(d) he engaged in conduct unbecoming of a member, contrary to Ontario Regulation 437/97, subsection 1(19).
College Counsel tendered the Membership Information for Donovan Anthony Patterson (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 1994 and that he 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 November 11, 2013 (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.
On March 2, 2012, the College received a letter of notification from the Dufferin-Peel Catholic District School Board (the “Board”) regarding the conduct of Donovan Anthony Patterson, who was employed by the Board as a Vice-principal at Philip Pocock Secondary School, pursuant to its obligation under section 43.2 of the Ontario College of Teachers Act, 1996.
Donovan Anthony Patterson is a member of the College in good standing.
During a monthly audit of the January 2012 Board gas credit card statement, the budget secretary realized that they were short several invoices. Three of the missing receipts were from purchases made on January 21 and January 22, 2012 at the Petro-Canada station located at 995 Eglinton Avenue East, Mississauga.
The Board investigated these purchases and, with the assistance of the manager of the facility, viewed the Closed Caption Television recording system and observed, on each occasion, the Member putting gas in his personal vehicle and paying for the gas with Board’s procurement credit card.
On February 6, 2012, the Board suspended the Member with pay pending the outcome of their investigation.
On February 21, 2012, the Member was interviewed by the Board and admitted to using the Board gas credit card for personal use in all seven occasions involving the missing receipts.
On February 27, 2012, the Member resigned from the Board and provided a certified cheque in the amount of $561.51 to cover his personal usage of the Board gas card.
By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on February 14, 2013, and in so doing, accepts as true the particulars set out in this section of the MOA.
The Member voluntarily admits the above particulars and understands that by doing so, he is waiving the right to require the College to provide the case against him 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, 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 him guilty of professional misconduct;
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 Register of the Ontario College of Teachers. The reprimand shall be delivered at the offices of the College located at 101 Bloor Street West, Toronto, Ontario;
the Member agrees and undertakes to, within 90 calendar days of ratification of this MOA or prior to seeking or engaging in employment which requires a certificate of qualification and registration, whichever is later, he shall successfully complete, a course of instruction, pre-approved by the Registrar, covering ethical behaviour;
the Member agrees and undertakes that, within 30 days of completion of the above-noted course, the Registrar be provided with a written report by the course practitioner(s) confirming successful completion of the course of instruction;
the Member agrees and undertakes not to assume any financial responsibilities in any employment where a certificate of qualification and registration is required, for a period of two years following the completion of the above-noted course:
the Member agrees and understands that upon ratification of this MOA, a notation will be placed on the public Register, maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. 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;
the Member agrees and understands that upon ratification of this MOA, the College shall publish his name with a summary of the complaint and its resolution as contained in this MOA. Such publication shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College’s website, and in such other manner as deemed appropriate by the Registrar;
the Member agrees and understands that upon ratification of this MOA, the College will maintain a copy of the Reasons for Decision, Decision and Order of the Discipline Committee, including this MOA, on the College’s website. The Decision and Reasons will be available for review by the public;
the Member agrees and understands that upon ratification of this MOA, the College shall submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw, an online legal database;
the Member agrees and undertakes 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 will be made, and the penalty will be imposed;
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 was stricken from the MOA and an amended MOA shall remain in force and effect;
the Member agrees and understands that this MOA is the entire agreement between him and the College and that there have been no oral or written representation made by the College as an inducement or threat to enter into this MOA;
the parties agree and undertake that upon ratification of this MOA, there shall be no further action, no appeal to any forum, and no application for judicial review of the terms of the 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 Counsel for the College, the Committee ratifies the Memorandum of Agreement. The Committee finds that Donovan Anthony Patterson committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(10), 1(18) and 1(19).
REASONS FOR DECISION
Through the MOA the Member voluntarily admitted the particulars set out in the agreement and waived his right to require the College to prove the case against him. The Committee accepts the MOA and finds the Member guilty of professional misconduct.
The Committee finds the Member misused the Board procurement credit card for personal purposes. By his actions and admission, the Member has breached Ontario Regulation 437/97, subsections 1(5), 1(10), 1(18) and 1(19).
The Board reported that in 2012, the Member who was a Vice-principal of the school, had misappropriated Board funds when he used the Board procurement credit card for personal use on seven occasions. On February 6, 2012, the Board suspended the Member with pay pending the outcome of the Board’s investigation into the shortfall of the Board procurement credit card receipts. On February 27, 2012, the Member resigned from his employment with the Board after he provided a certified cheque in the amount of $561.51 in order to compensate the Board for the funds used for personal use.
The Committee finds that the Member’s had failed to conduct himself in accordance with his professional and ethical obligations when he used Board funds for his personal use.
RESOLUTION
The Committee accepts the Joint Submission on Resolution and submissions from College Counsel, and makes the following order as to penalty:
The Member is directed to appear before the Committee within six months of the date of the hearing of this matter to receive an oral reprimand, and that 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 or prior to seeking or engaging in employment where a Certificate of Qualification and Registration is required, whichever is later, the Member is to successfully complete, at his own expense, a course of instruction pre-approved by the Registrar, covering ethical behavior.
(b) The Member is to provide the Registrar with written confirmation of his successful completion of this course, prepared by the course practitioner, within 30 calendar days of completion.
The Member is directed not to assume any financial responsibilities in any employment where a certificate of qualification and registration is required, for a period of two years following the completion of the aforementioned course.
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.
The Committee determined that the Member abused his powers as an administrator by accessing the Board’s procurement credit card for his personal use on several occasions.
The Committee determined that an oral reprimand is reasonable and appropriate. However, the Committee accepts the submission of College Counsel and for compassionate reasons allows the reprimand to be delivered within six months of this hearing.
The Committee further determined that a course of instruction on ethical behaviour will provide the Member with an understanding of the ethical standards and obligations of the profession. It is the Committee’s expectation that the course will assist the Member in identifying appropriate decision-making.
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 as it sends a message to members that behaviour of this nature will result in publication with name in the College’s official magazine.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: October 3, 2014
Stefanie Achkewich, OCT Chair, Discipline Panel
Jean-Luc Bernard, OCT Member, Discipline Panel
Monique Lapalme Arsenault Member, Discipline Panel