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 Jocelyne Gagnon, a member of the Ontario College of Teachers.
PANEL: Christine Bellini, OCT, Chair Alexander (Sandy) Bass, OCT Jean-Luc Bernard, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk
- and –
JOCELYNE GAGNON (CERTIFICATE #216347) Jocelyne Gagnon was not present or represented
Marc Spector, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: May 25, 2015
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated November 1, 2012.
The Member did not attend the hearing and did not have legal representation.
Having reviewed the facts of this case, College Counsel sought to withdraw the allegations of professional misconduct set out in the Notice of Hearing. College Counsel determined that there was insufficient evidence to support the allegations. She indicated that should the matter proceed to a hearing, there was no reasonable prospect of obtaining a finding of professional misconduct or incompetence.
Independent Legal Counsel advised the Committee that it had jurisdiction to make the order requested pursuant to Rule 13(13) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
Having considered the submissions of College Counsel, and upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against Jocelyne Gagnon set out in the Notice of Hearing dated November 1, 2012.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: May 25, 2015
Christine Bellini, OCT Chair, Discipline Panel
Alexander (Sandy) Bass, OCT Member, Discipline Panel
Jean-Luc Bernard, OCT Member, Discipline Panel