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
Laurene Elizabeth Green, OCT, a member of the Ontario College of Teachers.
PANEL: Monique Lapalme Arseneault, Chair
Irene Dembek, OCT
Wes Vickers, OCT
BETWEEN: ) Ava Arbuck,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
– and – )
LAURENE ELIZABETH GREEN ) Simon Blackstone,
(CERTIFICATE #167444) ) Ursel Phillips Fellows ) Hopkinson LLP,
) for Laurene Elizabeth Green
) Marc Spector,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: February 20, 2015
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on February 20, 2015 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing (Exhibit 1) dated March 22, 2013 was served on Laurene Elizabeth Green (the “Member”), requesting her presence on May 6, 2013 to set a date for hearing, and specifying the charges. The hearing was subsequently set for February 20, 2015.
The Member was in attendance for the hearing.
THE ALLEGATIONS
IT IS ALLEGED that Laurene Elizabeth Green is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teacher’s 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 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);
(c) 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);
(d) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
AGREED STATEMENT OF FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides as follows:
- At all material times, Laurene Elizabeth Green was 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 with respect to the Member.
At all material times, the Member was employed by the Toronto District School Board (the “Board”) as a teacher at Sir Wilfrid Laurier Collegiate Institute (the “School”). As Assistant Curriculum Leader for the School’s Technology Department, the Member held a Position of Responsibility with the Board.
Between 2009 and 2011, the Member removed two work benches belonging to the Board from the School, without authorization to do so.
In 2011, after the closure of one of the Board’s schools, two arc welders became available to other schools through the Board’s “Trading Post” web site. The Member placed a request for the welders to be transferred to the School. In late May 2011, the welders were delivered to the School.
Around June 2, 2011, the Member removed from the School a welder which belonged to the Board, without the authorization to do so. The welder was loaded into the Member’s truck, and the Member’s husband drove it to the Member’s home.
In September 2011 the Board initiated an investigation into the removal of the welder. In October 2011, the Toronto Police Service charged the Member with theft, contrary to the Criminal Code.
On or about January 27, 2012, the Member contacted another teacher at the School (“Teacher A”) by telephone on his personal cell phone. She told Teacher A that she wanted his help in relation to the Board investigation or criminal charges. She suggested that Teacher A should tell an investigator, retained on behalf of the Member, that the Member had taken the welder home to be retrofitted. In fact, Teacher A had no knowledge of why the Member removed the welder from the School and could not have truthfully confirmed her version of events. Teacher A did not provide the information suggested by the Member to the investigator.
On or about February 2, 2012, the Member facilitated a telephone call from her husband to Teacher A, in which the investigation was again discussed.
On February 21, 2012, the criminal charges against the Member were withdrawn. Later that day, the Member texted Teacher A, stating “Hey [Teacher A] the charges were dropped but now Paul wants to fire me over your statement”.
Following the Board’s investigation of the allegations, the Member received a letter of reprimand, a five-day suspension without pay, and was deemed to no longer be eligible to hold a Position of Responsibility. Attached to Exhibit 2 at Tab “B” is a copy of the Board’s May 23, 2012 letter to the Member.
The Member continues to teach for the Board.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 11 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts referred to above constitute conduct which is professional misconduct and admits the allegations of professional misconduct against her, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18), 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 Admitted Facts being presented to the Discipline Committee;
(c) she understands that by pleading guilty 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 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;
(e) she understands that any agreement between her Counsel and Counsel for the College with respect to the penalty proposed does not bind the Discipline Committee;
(f) she understands and acknowledges that she is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.
- In light of the Admitted Facts and circumstances and the plea of guilt, 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), 1(15), 1(18) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 11 of the Agreed Statement of Facts and Guilty Plea and pleaded guilty to the allegations of professional misconduct against her. She acknowledged, and the Committee finds, that the Admitted Facts constitute professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).
The Committee accepts the Member’s guilty plea, and finds that the facts contained in the Agreed Statement of Facts and Guilty Plea amount to professional misconduct as pleaded to by the Member.
The Committee finds that the Member failed to conduct herself in accordance with her professional and ethical obligations as a member of the teaching profession when she removed work benches from the School, without authorization to do so.
The Member requested that two arc welders that had become available to other schools, be transferred to the School. She subsequently removed from the School one of these welders, which belonged to the Board, without the authorization to do so. The welder was then loaded into the Member’s truck and driven to her home by her husband.
To make matters worse, the Member then asked a colleague, Teacher A, to provide false information to an Investigator in relation to her taking the welder to her home. The Member subsequently facilitated a phone call from her husband to Teacher A, in which the investigation was again discussed. Once the criminal charges against the Member were withdrawn, she then sent a text message to Teacher A, stating “Hey the charges were dropped but now Paul wants to fire me over your statement”.
The removal of these items from the School by the Member became the subject of a Police investigation and the Member was charged with theft, although the charges were subsequently withdrawn.
The Committee determines that the Member actions are disgraceful, dishonourable and unprofessional and constitute conduct unbecoming a member. The Member’s conduct was unethical and lacked the professional integrity expected of all teachers.
In light of the Member’s behaviour, the Committee finds the Member guilty of professional misconduct.
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:
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”);
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) the Member shall enrol in and successfully complete at her own expense, within 90 days of the date of this order, a course of instruction pre-approved by the Registrar regarding ethical behaviour;
(b) within 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 Agreed Statement of Facts and Guilty Plea 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
(ii) the Member has successfully completed the course.
- 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 RE: PUBLICATION
The Committee received submissions and previous cases of the Discipline Committee from Counsel for the College and Counsel for the Member with respect to publication of the Member’s name in Professionally Speaking/Pour parler profession.
Submissions of College Counsel
Counsel for the College submitted that the Joint Submission on Penalty asks the Committee to direct that the Member receive a reprimand, complete a course on ethical behaviour, and publish the findings in the official publication of the College. Counsel for the College indicated that these penalties satisfy the principles of general and specific deterrence, serve to rehabilitate the Member, protect the public interest and preserve public confidence in the teaching profession.
Counsel for the College submitted that publication with the name of the Member informs both the profession and the public that the College will not shield the names of members who have been found guilty of professional misconduct. Publication with name also addresses the need for transparency.
Counsel for the College further submitted that publication with the Member’s name serves as a specific deterrent to the Member and a general deterrent to the profession. As a general deterrent, publication with name informs the public and the profession that the Member’s behaviour has been addressed and sanctioned by the Committee.
Submissions of Member’s Counsel
Counsel for the Member submitted that the Member’s name should not be published in the official publication of the College. Member’s Counsel reminded the Committee that it was within their discretion whether or not to publish the Member’s name and that there was no presumption that the Member’s name be published. Member’s Counsel stated that the particulars of the decision are now broadcast globally, in that decisions are available to the general public on the College’s website, and submitted that this would be sufficient to meet the goals of openness and transparency.
Member’s Counsel stated that the Member has taught for 23 years, she has no history of misconduct prior to and since these incidents, and she continues to teach for the same Board. Member’s Counsel indicated that the Member’s misconduct was at the more modest end of the scale and directed the Committee to the comments of the principal on the Member’s performance appraisal dated March 29, 2013 (Exhibit 4) which indicate that she was “a valued member of the team”. Member’s Counsel noted that the Member has accepted responsibility for her actions and he asked the Committee to consider the effect that publication with name would have on the Member’s career.
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:
(a) the Member shall enrol in and successfully complete at her own expense, within 90 days of the date of this order, a course of instruction pre-approved by the Registrar regarding ethical behaviour;
(b) within 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 Agreed Statement of Facts and Guilty Plea 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
(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 penalty proposed in 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 Committee finds that the Member breached the ethical standards expected of the profession and engaged in conduct unbecoming a member. The Committee agrees that the reprimand is appropriate in the circumstances. It allows the profession to express its concerns to the Member about her misconduct.
The course of instruction in ethical behaviour will serve to clarify for the Member why her conduct was unethical and unprofessional. It will further serve to rehabilitate the Member and allow her to understand the nature of her misconduct and why this misconduct must not be repeated.
The Committee ordered publication of the findings and orders, in summary form, with the name of the Member. The Committee found the Members actions to be a serious breach of trust. The Member removed two workbenches from the School, without authorization. She first requested that two arc welders be delivered to the School, then removed one of them and had her husband transport it to her home without authorization. She then asked Teacher A to mislead an Investigator about why the Member may have removed the welder from the School. After Teacher A refused to mislead the investigator, the Member facilitated a telephone call from her husband to Teacher A where the investigation was discussed, and she subsequently sent Teacher A an accusatory text message indicating that because of Teacher A’s statement, the Member’s employer wanted to fire her.
The Committee heard submissions that the Member has had a long and unblemished teaching career prior to the events that gave rise to these proceedings. The Committee, however, was not persuaded that these mitigating factors were sufficient, in this case, to outweigh the important objectives of specific and general deterrence, and transparency, which are met through the publication of the Member’s name. The Committee finds that publication with the name of the Member in the official publication of the College will serve as a specific deterrent to the Member. As a general deterrent, publication with name informs the teaching profession of the nature of the Member’s misconduct and the consequences of such behaviour. Publication with name also serves to reassure and inform the public that the College takes seriously its obligation to impose appropriate sanctions on members of the profession who conduct themselves in an unethical and unprofessional manner, and it addresses the need for transparency in disciplinary proceedings by not concealing the names of members who have been found guilty of professional misconduct.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: February 27, 2015
Monique Lapalme Arseneault
Chair, Discipline Panel
Irene Dembek, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel