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
Harry Pott, OCT, a member of the Ontario College of Teachers.
PANEL: Christine Bellini, OCT, Chair
Irene Dembek
Pauline Smart
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Law Clerk
- and – )
HARRY POTT ) Andrea Wobick,
(CERTIFICATE #141513) ) Ursel Phillips Fellows Hopkinson LLP,
) for Harry Pott
) Rebecca Durcan,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) Heard: October 14, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on before a panel of the Discipline Committee (the “Committee”) on October 14, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated July 31, 2013 was served on Harry Pott (the “Member”), requesting his presence on August 27, 2013 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for October 14, 2014.
The Member was in attendance at the Hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated July 31, 2013 (Exhibit 1) are as follows:
IT IS ALLEGED that Harry Pott is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (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 psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(c) 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;
(d) 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);
(e) 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
(f) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
At the hearing of this matter on October 14, 2014, Counsel for the College requested the withdrawal of allegations (b) and (c) namely subsections 1(7.2) and 1(7.3) of Ontario Regulation 437/97. The Committee granted this request, and these allegations were subsequently withdrawn.
STATEMENT OF UNCONTESTED FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced a Statement of Uncontested Facts, and Plea of No Contest (Exhibit 2), which provides as follows:
Harry Pott (the “Member”) was at all material times, a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.
At all material times, the Member was employed by the Upper Canada District School Board (the “Board”) as a teacher at [XXX] (the “School”) in Brockville, Ontario.
The Student was a male student at the School.
On or about August 21, 2011, the Member engaged in a conversation with the Student on Facebook, a social media website.
The Member and the Student chatted about drinking at the Member’s home and having students of the School, including the Student’s brother, over to the Member’s home to drink. The Member gave the Student his home address and telephone number.
The Member made inappropriate remarks during the Facebook chat with the Student. Attached and marked as Exhibit “B” is the Facebook chat between the Member and the Student.
The Member received a disciplinary letter from the Principal of the School dated September 24, 2012. Attached and marked as Exhibit “C” is the letter regarding same.
The Member retired from his employment as a teacher on January 31, 2014.
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts and the exhibits referred to in paragraphs 1 to 8 above (the “Uncontested Facts”).
PLEA OF NO CONTEST
The Member hereby acknowledges that the Uncontested Facts referred to in paragraphs 4 to 6 above, constitute conduct which is professional misconduct, and pleads no contest to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Statement of Uncontested Facts being presented to the Discipline Committee;
(c) he understands that by pleading no contest to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he understands that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;
(e) he understands that any agreement between counsel for the College and himself with respect to the penalty proposed in this document does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee under protection of the Evidence Act, R.S.O. 1990, chapter E. 23, for the purpose of this proceeding under the Ontario College of Teachers Act 1996, chapter 12, and for no other purpose. The Member’s plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the Uncontested Facts, circumstances and plea of no contest, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION Having considered the evidence, onus and standard of proof, and the submissions made by Counsel for the College and counsel for the Member, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Harry Pott committed acts of professional misconduct as alleged, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(18) and 1(19).
REASONS FOR DECISION
The Member acknowledged that the Uncontested Facts referred to in paragraphs 4 to 6 in the Statement of Uncontested Facts, and Plea of No Contest (Exhibit 2) constitute conduct which is professional misconduct and pleaded no contest to the allegations of professional misconduct against him. The Committee accepts the Member’s plea of no contest and the statement tendered by the parties.
On one occasion, the Member engaged in inappropriate social media communication with a student where they discussed drinking alcohol at the Member’s residence.
In light of the Member’s behaviour and the plea of no contest, the Committee finds that the Member committed acts of professional misconduct, more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(18) and 1(19).
JOINT SUBMISSION ON PENALTY
Counsel for the College and counsel for the Member submitted a Joint Submission on Penalty (Exhibit 3) indicating the following:
The Ontario College of Teachers and the Member jointly submit that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:
directs that the Member 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 “Register”). The reprimand will be delivered in person at the offices of the College, 101 Bloor Street West, Toronto, Ontario;
directs the Registrar 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 Register until such as they are fulfilled:
(i) prior to commencing any position that requires a Certificate of Qualification and Registration, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding appropriate boundaries;
(ii) within thirty (30) days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:
A. he or she has reviewed a copy of the Statement of Uncontested Facts and Plea of No Contest and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee; and
B. the Member has successfully completed the course.
- directs that there be publication of the findings and Order of the Committee in summary form, in the official publication of the College, Professionally Speaking/Pour parler profession. The parties have not agreed on whether or not the Member’s name should be included and submissions will be made on that issue.
SUBMISSIONS ON PUBLICATION
Submissions of College Counsel
Counsel for the College submitted that the Member’s name should be published in Professionally Speaking/Pour parler profession. Counsel pointed to four sentencing factors that support publication of the Member’s name; being specific and general deterrence, remediation and public interest. Counsel stated that the hearing was open to the public, publication promotes transparency and should be made available to the public.
Submissions of Member’s Counsel
Counsel for the Member submitted that the Member’s name not be published in Professionally Speaking/Pour parler profession. Counsel submitted that specific and general deterrence can be satisfied without publication of the Member’s name. Counsel submitted that the Member’s misconduct was at the low end of the scale, that he had been teaching for over 30 years without incident, has had no further incidents up until he retired in January 2014. Member’s counsel also suggested that publication might harm his ability to supply teach. Counsel for the Member further argued that the reprimand and course work were sufficient to meet all aspects of penalty, and transparency was achieved by the broader publication of the findings.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Member is required to 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 College 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, or limitations to be recorded on the College register until such time as they are fulfilled:
(i) prior to commencing any position that requires a Certificate of Qualification and Registration, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding appropriate boundaries;
(ii) within thirty (30) days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:
A. the course provider has reviewed a copy of the Statement of Uncontested Facts and Plea of No Contest and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee; and
B. the Member has successfully completed the 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 PENALTY DECISION
The Committee carefully assessed the arguments presented by both counsel in determining an appropriate penalty. The Member and the College accepted the fundamental elements of the penalty, specifically a reprimand, a successfully completed course on appropriate boundaries and publication of the findings, in summary form, in the official publication of the College. It was left to the Committee to determine whether the name of the Member would be published in the official publication of the College, Professionally Speaking/Pour parler profession.
The Committee agreed that a reprimand was appropriate and that the fact of the reprimand on the Member’s Certificate will serve as a specific and general deterrent.
The requirement that the Member successfully complete a course on appropriate boundaries will address the conduct engaged in by the Member. Even though the Member admitted to making inappropriate comments in jest, he made them on a public forum where both parents and the community had access.
The Committee decided that publication of the Member’s name was appropriate in these circumstances as the misconduct occurred on social media and a parent initiated the complaint against the Member. The Committee determined that the name of the Member should be published along with the findings, in keeping with the transparency of the disciplinary process of a public hearing.
In conclusion, the Committee is confident that the decision is in the public interest.
Date: October 14, 2014
Christine Bellini Chair, Discipline Panel
______________________________ Irene Dembek, OCT
Member, Discipline Panel
Pauline Smart
Member, Discipline Panel