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 Joseph Kingsley Eyiah, OCT, a member of the Ontario College of Teachers.
PANEL: Wes Vickers, OCT, Chair Alexander (Sandy) Bass, OCT Marie-Claude Yaacov
BETWEEN: ) David Leonard, ) McCarthy Tétrault LLP, ) for Ontario College of Teachers, ONTARIO COLLEGE OF TEACHERS ) assisted by Bev Hodsdon, ) Law Clerk -and- ) JOSEPH KINGSLEY EYIAH ) Patricia D’Heureux, (CERTIFICATE #431213) ) Cavalluzzo Shilton McIntyre ) Cornish LLP, ) for Joseph Kingsley Eyiah ) ) Marc Spector, ) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) Heard: June 10, 2015
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on before a panel of the Discipline Committee (the “Committee”) on June 10, 2015 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing (Exhibit 1), dated December 1, 2011 was served on Joseph Kingsley Eyiah (the “Member”), requesting his presence on December 19, 2011 to set a date for a hearing, and specifying the charges. The hearing was subsequently set for June 10, 2015.
The Member was in attendance for the hearing.
THE ALLEGATIONS
IT IS ALLEGED that Joseph Kingsley Eyiah is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) 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 or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(d) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(e) he abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3), and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;
(f) he failed to comply with the Act and the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) thereof or the Regulations made under those Acts, contrary to Ontario Regulation 437/97, subsection 1(15);
(g) 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
(h) he engaged in conduct unbecoming a Member, contrary to Ontario Regulation 437/97, subsection 1(19).
At the hearing on June 10, 2015, College Counsel requested that the allegations of professional misconduct outlined in paragraphs (b), (c), (d), (e), (f) and (h) of the Notice of Hearing be withdrawn and the Committee granted the request.
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:
Joseph Kingsley Eyiah is a member of the Ontario College of Teachers. Attached to Exhibit 2 at Tab 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 Toronto District School Board (the “Board”) and taught [XXX] at [XXX] School (the “School”), in Toronto, Ontario.
During the 2008-2009 academic year, Student No. 1, Student No. 2 and Student No. 3 were female Grade [XXX] students at the School and were taught by the Member.
During the 2008-2009 academic year, during [XXX] class, the Member:
(a) referred to girls in the class as his girlfriends;
(b) told students in the class “I really love you”;
(c) referred to Student No. 1 as a special girl;
(d) patted Student No. 1 on her back or shoulder.
- In May or June 2009, while alone in the [XXX] classroom with Student No. 1, the Member:
(a) told Student No. 1 that she was a special person;
(b) told Student No. 1 that if she needed money or anything else from him, she should just ask;
(c) asked Student No. 1 what prizes she would like to receive at graduation.
In June 2009, while leaving the [XXX] classroom alone with Student No. 1, the Member put his arm around Student No. 1.
Student No. 1 reported that, as a result of the Member’s conduct as described in paragraphs 4-6 above, she felt uncomfortable and frightened.
During the 2008-2009 school year, during [XXX] class, the Member patted Student No. 2 on her shoulder. Student No. 2 reported that she found this awkward.
During the 2008-2009 school year, during [XXX] class, the Member held Student No. 3’s hands while providing assistance with her drawing. She reported that this made her feel scared and uncomfortable.
If the Member were to testify, he would say that none of his conduct had any sexual intention. Rather, he was attempting to express his care for the students involved in his capacity as a teacher.
PLEA OF NO CONTEST
The Member does not contest the facts referred to in paragraph 1-10 (the “Uncontested Facts”) above and agrees that the Discipline Committee accepts these facts as correct for the purposes of this procedure only.
The Member hereby acknowledges that the Uncontested Facts include facts which constitute 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) and 1(18 - unprofessional).
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 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 him and Counsel for the College with respect to the penalty proposed 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 and of the Fitness to Practise 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 the 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 the Member committed acts of professional misconduct as alleged, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5) and 1(18 - unprofessional).
REASONS FOR DECISION
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 him. The Committee accepts the Member’s plea and the facts contained in the Statement of Uncontested Facts and Plea of No Contest.
The Member was a [XXX] teacher at the School during the 2008-2009 academic year. During this academic year, the Member made repeated inappropriate comments to Grade [XXX] female students. He also touched Student No. 1 on her back or shoulder and on another occasion put his arm around her, which made the student feel uncomfortable and frightened. The Member also patted Student No. 2 on her shoulder, which made the student feel awkward, and the Member also held Student No. 3’s hands while providing assistance with her [XXX], which made the student feel scared and uncomfortable.
In light of the Member’s behaviour, the Committee finds that the Member committed acts of professional misconduct as alleged, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5) and 1(18 – unprofessional).
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty (Exhibit 3), Counsel for the College and Counsel for the Member jointly submitted that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:
(a) direct that the Member appear before the Committee immediately following the hearing of this matter 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”);
(b) 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:
(i) within three months of the date of the Order of the Discipline Committee, the Member shall enrol in and successfully complete at his own expense, courses of instruction pre-approved by the Registrar regarding appropriate boundaries and boundary violation issues, and effective oral communication;
(ii) within 30 days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written certificate from each of the course providers 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, made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Orders of the Discipline Committee; and
B. the Member has successfully completed the course.
(c) direct 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 for the College argued that publication with the Member’s name is an important aspect of specific and general deterrence. College Counsel reminded the Committee that discipline hearings are open to the public, that decisions are publicly available, and that publication with the Member’s name fosters transparency and public confidence in the discipline process.
Submissions of Member’s Counsel
Counsel for the Member submitted that the Member’s name should not be published in Professionally Speaking/Pour parler profession. Counsel for the Member reminded the Committee that there was no presumption of publication of the Member’s name and that the Committee had discretion to publish or not to publish the Member’s name. Member’s Counsel submitted that the penalty of a reprimand and the course work accomplishes the goals of the College with respect to specific deterrence, rehabilitation and general deterrence and it is therefore not necessary to publish the Member’s name. Member’s Counsel also submitted that public confidence in the discipline process is appropriately addressed as the decision will be publicly available.
Member’s Counsel stated that the events referenced in the Statement of Uncontested Facts and Plea of No Contest occurred several years ago and that there have been no further incidents since the Member’s return to teaching.
PENALTY DECISION
The Committee makes the following order as to penalty:
The Member is directed 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 Register.
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:
(i) within three months of June 10, 2015, the date of the Order of the Discipline Committee, the Member shall enrol in and successfully complete at his own expense, courses of instruction pre-approved by the Registrar regarding appropriate boundaries and boundary violation issues, and effective oral communication;
(ii) within 30 days of his completion of each course outlined in (i) above, the Member shall provide to the Registrar a written certificate from each of the course providers 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, Reasons for Decision and Orders of the Discipline Committee; and
B. 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 considered and accepted the Joint Submission on Penalty. The Committee finds that a reprimand, along with courses on appropriate boundaries, boundary violation issues, and effective oral communication are the appropriate penalty for conduct of this nature.
The reprimand of the Member by his peers in respect of his inappropriate conduct serves to emphasize the necessity to maintain appropriate boundaries with students. The fact that the reprimand will be recorded on the Register also serves as a specific deterrent to the Member.
Members of the profession must be aware of expectations regarding professional behaviour and the consequences of engaging in unprofessional conduct. The Member’s behaviour demonstrated a lack of understanding of student and teacher boundaries. The courses that the Member is required to take will clarify and reinforce for the Member the need to maintain appropriate professional conduct. The courses will also assist in the process of remediation and rehabilitation of the Member.
The Committee determined that publication of the findings, with the name of the Member, was warranted in this case because the Member engaged in a pattern of inappropriate communication and touching of several students, which the Committee found to be of a serious nature.
The Committee finds that 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 provides both a specific deterrent to the Member and a general deterrent to the profession. As a general deterrent, the public and the teaching profession will know that this type of conduct will not be condoned and that members of the profession are expected to maintain appropriate boundaries with students.
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.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: June 10, 2015
Wes Vickers, OCT Chair, Discipline Panel
Alexander (Sandy) Bass, OCT Member, Discipline Panel
Marie-Claude Yaacov Member, Discipline Panel