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
Pamela Margaret Peever, member of the Ontario College of Teachers.
PANEL: Wes Vickers, Chair , OCT
Pauline Smart
Ruth Ann Penny, OCT
BETWEEN: ) ) Joanne Excellent,
) Legal Counsel,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers )
- and – )
) Pamella Margaret Peever,
PAMELLA MARGARET PEEVER ) was not present,
(CERTIFICATE #480515) ) nor was she represented
) Marc Spector,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: January 30, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on January 30, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
Pamella Margaret Peever (the “Member”) was not in attendance at the hearing.
A Notice of Hearing dated September 13, 2013 was served on the Member, requesting her attendance before the Discipline Committee of the College on September 26, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for January 30, 2014.
THE ALLEGATIONS
The allegations in the Notice of Hearing (Exhibit 1), dated September 13, 2013, are as follows:
IT IS ALLEGED that Pamella Margaret Peever 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.
Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs a) and b) of the Notice of Hearing (Exhibit 1) be withdrawn.
College counsel also tendered a Proof of Membership document (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 2004 and that her current status is “Suspended – Non-payment of fees”.
MEMORANDUM OF AGREEMENT
Counsel for the College advised the Committee that an agreement was reached on the facts 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.
At all material times, the Member was employed by the Northeastern Catholic District School Board (the “Board”) as a Grade 1/2 and long term occasional teacher at St. Jerome School (the “School”).
The Member commenced employment with the Board on September 6, 2005, and worked as a long term occasional teacher during the 2004/2005 school year, and taught Grade 1/2 from September 6, 2005 until February 14, 2012.
Between April and June 2011, the Member received two not satisfactory performance appraisals in accordance with subsection 277.37(1) of the Education Act relating to Teacher Performance Appraisal of Experienced Teachers, with the following results:
(a) Summative Report dated April 21, 2011 – Not Satisfactory; and
(b) Summative Report dated June 22, 2011 – Not Satisfactory.
The performance appraisals noted concerns in the following areas: lesson planning; curriculum/lesson delivery; communication; and evaluation and assessment.
After her second not satisfactory performance appraisal, the Member resigned from her employment with the Board on February 14, 2012.
By this document, the Member pleads to incompetence as alleged in the Notice of Hearing, issued on September 24, 2013.
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:
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 make a finding of incompetence against her;
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;
the Member agrees and undertakes to, prior to seeking or engaging in employment where a certificate of qualification and registration is required, 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. The Member’s Certificate of Qualification and Registration will be subject to Terms, Conditions and Limitations;
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;
the Member agrees and undertakes to provide the Registrar with a copy of her next Performance Appraisal, within 30 calendar days of the completion;
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 additional complaint against her;
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. 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 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;
the Member confirms that she understands the nature and effect of this MOA and has been given the opportunity to obtain independent legal advice in this regard, but has voluntarily elected not to do so;
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
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 considered the College’s request to withdraw the allegations of professional misconduct found in paragraphs (a) and (b) of the Notice of Hearing, namely subsections 1(5) and 1(15) of Ontario Regulation 437/97, the Committee agrees to withdraw these allegations.
Further, having examined the exhibits filed, and based on the Memorandum of Agreement, the plea 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 and/or disregard for the welfare of students of a nature or extent 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 and the agreed facts contained in the signed Memorandum of Agreement (Exhibit 3).
By having shown disregard for her obligations, specifically to properly plan and deliver curriculum, assess and evaluate student progress or communicate, the Member displayed a lack of judgment and a disregard for the welfare of her students. Further, 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.
RESOLUTION
The Committee accepts the Joint Submission on Resolution and makes the following order:
- The Registrar is directed to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register of the College until such time as they are fulfilled:
(i) Before seeking or engaging in employment requiring a Certificate of Registration and Qualification, 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 this course, prepared by the course practitioner, within thirty calendar days of the completion.
(iii) The Member must provide the Registrar with a copy of her next Performance Appraisal, within thirty calendar days of the completion.
REASONS FOR RESOLUTION
The Committee carefully considered and accepted the Joint Submission on Resolution.
The Committee concurs that the Member must demonstrate willingness to remediate the deficiencies outlined in the Memorandum of Agreement. Further, the Committee finds that the Member’s willingness to accept her professional responsibilities may be demonstrated, and her accountability to the public ensured, by incurring the costs of the course work demanded in the Joint Submission on Resolution, and by following the prescriptions pre-approved by the Registrar. The Committee acknowledges the willingness of the Member to accept this resolution as evidence of her understanding of the need to improve her knowledge and skills before re-entering the classroom.
The Committee is satisfied that this decision is appropriate in the circumstances and serves and protects the public interest.
Date: February 27, 2014 ______________________________
Wes Vickers, OCT
Chair, Discipline Panel
Pauline Smart
Member, Discipline Panel ______________________________
Ruth Ann Penny, OCT
Member, Discipline Panel