DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against Margaret Elizabeth Reeds Alexander, a member of the Ontario College of Teachers.
PANEL: Christine Bellini, OCT, Chair Irene Dembek, OCT Pauline Smart
BETWEEN:
ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk
- and –
MARGARET ELIZABETH REEDS ALEXANDER (CERTIFICATE # 239821) Robyn White, Cavalluzzo Shilton McIntyre Cornish LLP, for Margaret Elizabeth Reeds Alexander
Erica Richler, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: November 19, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 19, 2014, at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated February 7, 2014 was served on Margaret Elizabeth Reeds Alexander (the “Member”), requesting her presence on March 4, 2014 to set a date for a hearing, and specifying the allegations. The hearing was subsequently set for November 19, 2014.
The Member was not in attendance at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated February 7, 2014 (Exhibit 1) are as follows:
IT IS ALLEGED that Margaret Elizabeth Reeds Alexander is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (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 abused a student or students physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) she abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(d) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(e) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically section 264(1)(c) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(f) she 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);
(g) she engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19); and
At the hearing on November 19, 2014, College counsel requested that the allegations of professional misconduct outlined in paragraphs (b), (c), (d) and (e) of the Notice of Hearing (Exhibit 1) be withdrawn. The Committee was in agreement 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:
Margaret Elizabeth Reeds Alexander (the “Member”) is a member of the Ontario College of Teachers. The Member is currently retired, effective December 20, 2010. Attached to Exhibit 2, Tab A is a copy of the Member’s Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the Greater Essex County District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in [XXX], Ontario.
During the 2009-2010 academic year, the Member taught Grade [XXX] students at the School.
On or about March 30, 2010, the Member yelled at Student No. 1, a male student in Grade [XXX], and pushed him in class. Student No. 1 reported the incident to his mother later that day. Student No. 1’s mother reported the incident to the Principal.
On or about March 31, 2010, the Principal investigated the incident and interviewed fourteen (14) students in the Member’s class. Some of the students interviewed confirmed the fact that the Member had yelled at and pushed Student No. 1 when Student No. 1 wasn’t listening to the Member.
During the 2009-2010 academic year:
(a) the Member yelled at a student when he didn’t listen;
(b) the Member would push students out the door, on occasion;
(c) the Member required a student to leave her classroom and work in the hallway when the student was misbehaving and/or had trouble focusing;
(d) the Member verbally directed a student to turn and face the wall when he was not listening or misbehaving;
(e) on occasion when students were misbehaving, the Member would take them by their arms and physically escort them to another seat in the classroom.
The Principal contacted the Windsor-Essex Children’s Aid Society (“Society”) regarding the above allegations. The Society’s investigation verified concerns relating to the Member’s use of excessive discipline. Attached to Exhibit 2, Tab B is a copy of the letter from the Society to the School dated June 18, 2010.
The Member retired from the Board effective May 31, 2010.
PLEA OF NO CONTEST
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1-8 above (the “Uncontested Facts”).
The Member hereby acknowledges that the Uncontested Facts referred to above constitute conduct which is professional misconduct, and pleads no contest to the allegations of professional misconduct against her, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(18-unprofessional), and 1(19).
By this document the Member states that:
(a) she understands fully the nature of the allegations against her;
(b) she understands that by signing this document she is consenting to the evidence as set out in the Uncontested Facts being presented to the Discipline Committee;
(c) she understands that by pleading no contest to the allegations, she is waiving the right to require the College to prove the case against her and the right to have a hearing;
(d) she understands that the Discipline Committee can accept the Uncontested Facts as correct, and can accept that those facts constitute professional misconduct;
(e) she 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 her name, may be published in the official publication of the College;
(f) she understands that any agreement between her counsel and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;
(g) she understands and acknowledges that she 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 and 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 Margaret Elizabeth Reeds Alexander committed acts of professional misconduct as alleged, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(18 - unprofessional) and 1(19).
REASONS FOR DECISION
The Committee accepts the Member’s admission of the truth of the facts and exhibits referred to in paragraphs 1 to 8 above. The Member acknowledged that the Uncontested Facts referred to above constitute conduct which is professional misconduct, and pleaded no contest to the allegations of professional misconduct against her, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(18 - unprofessional) and 1(19).
The Committee accepts the Member’s plea, and accepts that the facts in the Statement of Uncontested Facts and Plea of No Contest amount to professional misconduct as pleaded to by the Member.
The Member, for the period of the 2009-2010 school year, engaged in inappropriate discipline conduct with her Grade [XXX] class, which included yelling, pushing and physically escorting students to their seats. The Member also directed a student to leave the classroom and work in the hallway unsupervised. These incidents were reported to the Children’s Aid Society and the investigation verified concerns relating to the Member’s use of excessive discipline.
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:
direct that prior to undertaking any teaching position or any other position for which a Certificate of Qualification and Registration is required, the Member shall appear before the Committee, on a date to be arranged by the Member, to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
direct the Registrar 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 until such time as they are fulfilled:
(a) prior to undertaking any teaching position or any other position for which a Certificate of Qualification and Registration is required, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding classroom management and discipline strategies;
(b) within thirty (30) days of her completion of the course outlined in (a) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:
(i) 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
(ii) the Member has successfully completed the course.
- direct that there be publication of the findings and Order of the Committee in summary form, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
PENALTY DECISION
The Committee makes the following order as to penalty:
Prior to undertaking any teaching position or any other position for which a Certificate of Qualification and Registration is required, the Member is directed to appear before the Committee, on a date to be arranged by the Member, to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers;
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 until such time as they are fulfilled:
(a) prior to undertaking any teaching position or any other position for which a Certificate of Qualification and Registration is required, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding classroom management and discipline strategies;
(b) within thirty (30) days of her completion of the course outlined in (a) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:
(i) 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
(ii) the Member has successfully completed the course.
- There shall be publication of the findings and Order of the Committee 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 determined that the Joint Submission on Penalty is proportionate to the misconduct committed by the Member and is appropriate under the circumstances. Therefore, the Committee accepted the proposed penalty presented by the parties.
The reprimand addresses the need for a specific deterrent and instructs the Member to consider her actions in the future. Coursework will provide the Member with classroom management and discipline strategies which are appropriate to students in primary grades, should she return to teaching.
The Committee determined that publication with the Member’s name assures transparency and accountability of the disciplinary process and reinforces the mandate of the College to serve the public interest. Publication with name serves as a general deterrent by reminding the profession that such behaviour is not condoned.
The Committee is satisfied that the penalty is appropriate in the circumstances, and serves and protects the public interest.
Date: November 19, 2014
Christine Bellini, OCT Chair, Discipline Panel
Irene Dembek, OCT Member, Discipline Panel
Pauline Smart Member, Discipline Panel