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
Nicolae Gusita, OCT, a member of the Ontario College of Teachers.
PANEL: Wes Vickers, OCT, Chair
Thomas (Tom) Potter
Marie-Claude Yaacov
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Duane Crocker,
) Law Clerk
– and – )
NICOLAE GUSITA ) Jerry Raso,
(CERTIFICATE #206378) ) Ontario English Catholic
) Teachers’ Association,
) for Nicolae Gusita )
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: November 2, 2015
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 2, 2015 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated January 12, 2015 (Exhibit 1) was served on Nicolae Gusita (the “Member”), requesting his presence on January 30, 2015 to set a date for hearing, and specifying the charges. The hearing was subsequently set for November 2, 2015.
The Member was in attendance for the hearing and had legal representation.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing are as follows:
IT IS ALLEGED that the Member 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 contravened a term, condition or limitation imposed on his certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(9);
(b) 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);
(c) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19); and
(d) he failed to comply with an order of the panel of the Discipline Committee, contrary to Ontario Regulation 437/97, subsection 1(21).
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 the following:
Nicolae Gusita 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.
On or about February 28, 2013, the Discipline Committee of the Ontario College of Teachers directed the Registrar of the College to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration:
(i) the Member shall enroll in and successfully complete by August 31, 2013, at his own expense, either of the following courses which shall be pre-approved by the Registrar:
A. an Additional Qualification course in Special Education, or
B. a course that address the deficiencies outlined in Paragraph 4 of the Statement of Uncontested Facts and Plea of No Contest document made as Exhibit 2 at the hearing of this matter;
(ii) within thirty days of his completion of the course referred to in paragraph A or B above, the Member shall provide evidence to the Registrar in writing, of his successful completion of same.
Attached to Exhibit 2 at Tab “B” is a copy of the Decision of the Discipline Committee dated February 28, 2013.
The terms, conditions or limitations referred to in paragraph 2 above were contained in the Statement of Uncontested Facts and Plea of No Contest, and Joint Submission on Penalty which had been agreed to by the Member. Attached to Exhibit 2 at Tab “C” and Tab “D” respectively are copies of the Statement of Uncontested Facts and Plea of No Contest, and the Joint Submission on Penalty documents (previously marked as Exhibits 2 and 3 respectively at the hearing of this matter on February 28, 2013).
The Member has failed to comply with the terms, conditions or limitations referred to in paragraph 2 above.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1-4 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(9) and 1(21).
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 Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to otherwise 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.
- 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
Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs (b) and (c) of the Notice of Hearing be withdrawn. The Committee granted the request.
Having considered the Agreed Statement of Facts and Guilty Plea, 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, contrary to Ontario Regulation 437/97, subsections 1(9) and 1(21).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 4 of the Agreed Statement of Facts and Guilty Plea and pleaded guilty to the allegations of professional misconduct against him. He acknowledged and the Committee accepts that the Admitted Facts constitute conduct which is professional misconduct, contrary to Ontario Regulation 437/97, subsections 1(9) and 1(21).
Paragraphs 2, 3 and 4 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member contravened a term, condition or limitation imposed on his certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(9).
Paragraphs 2, 3 and 4 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to comply with an order of a panel of the Discipline Committee, contrary to Ontario Regulation 437/97, subsection 1(21).
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:
directs 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”);
directs 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 any return to teaching or any position for which a Certificate of Qualification and Registration is required the Member shall enrol in and successfully complete at his own expense, within sixty days of the Decision of the Discipline Committee and, a course of instruction pre-approved by the Registrar:
(i) an Additional Qualification course in Special Education, or
(ii) a course that addresses the deficiencies outlined in Paragraph 4 of the Statement of Uncontested Facts and Plea of No Contest document made an exhibit at the Discipline Hearing on August 31, 2013 and attached as Exhibit “C” to the Agreed Statement of Facts made an exhibit at the hearing of this matter;
(iii) the Member will provide to the course provider approved by the Registrar, 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 and Reasons of the Discipline Committee;
(iv) upon review of the documents noted at paragraph (iii) above, the course provider will provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course provider shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member;
(b) within thirty (30) days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course provider:
(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.
- Directs that there be publication of the finding 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:
The Member is directed to 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”);
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 not return to teaching or any position for which a Certificate of Qualification and Registration is required until the following terms, conditions or limitations are fulfilled:
(i) no later than 60 days from the date of the Oral Decision of the Committee, the Member shall, at his own expense, enrol in either of the following courses of instruction pre-approved by the Registrar, and he shall successfully complete the course by no later than July 1, 2016:
A. an Additional Qualification course in Special Education; or
B. a course that addresses the deficiencies outlined in Paragraph 4 of the Statement of Uncontested Facts and Plea of No Contest document, made an exhibit at the Discipline Hearing on February 28, 2013 [incorrectly drafted as August 31, 2013 in the Joint Submission on Penalty] and attached as Exhibit “C” to the Agreed Statement of Facts and Guilty Plea made an exhibit at the hearing of this matter;
(ii) the Member will provide to the course provider approved by the Registrar, 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;
(iii) upon review of the documents noted at paragraph (ii) above, the course provider will provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course provider shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member;
(b) within 30 days of his completion of the course outlined in (i) above, the Member shall provide to the Registrar a written report from the course provider:
(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.
- There shall be publication of the finding 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 accepts the penalty jointly proposed by the parties and accordingly orders the penalty set out therein, with two changes as agreed to by the parties at the hearing. The Committee was first concerned that the Member might not be able to actually complete the required course within 60 days and the parties were content to revise paragraph 2(a)(i) of the order so that it reads:
2(a)(i) no later than 60 days from the date of the Oral Decision of the Committee, the Member shall, at his own expense, enrol in either of the following courses of instruction pre-approved by the Registrar, and he shall successfully complete the course by no later than July 1, 2016.
As such, the Member must provide proof of enrolment in the course within 60 days of November 2, 2015, but the Member has until July 1, 2016 to provide proof of completion of the course.
The Committee was also concerned that the Member disregarded the Committee’s orders following his prior discipline hearing. As a result of this breach, the Committee finds it necessary to order a more severe penalty in this case. Accordingly, the Committee orders that the Member shall not return to teaching or any position for which a Certificate of Qualification and Registration is required until he fulfills the terms, conditions or limitations listed at paragraph 2(a) of the above penalty order.
The Committee recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Committee’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of justice or the discipline process into disrepute. The Committee finds that the penalty proposed in the Joint Submission on Penalty, with the amendments made in the penalty order above (that were agreed to by the parties) is proportionate to the misconduct committed by the Member and is reasonable given the circumstances of this case.
The Committee finds that the Member’s misconduct warrants a reprimand. The reprimand will serve as a specific deterrent and will allow the Committee to address its concerns with the Member’s lack of respect for the discipline process. Additionally, recording the fact of the reprimand on the Register will serve as a general deterrent as it will inform the teaching profession that the College does not tolerate non-compliance with its penalty orders.
The Committee condemns the breach of the prior order at issue. The Committee is concerned that the Member, by his failure to comply with the terms of the prior order, demonstrated contempt for the governing authority of his profession, the Ontario College of Teachers. The terms, conditions or limitations ordered in the present matter will ensure that the Member does not return to teaching until he complies with the Committee’s orders. Such measures are necessary given the Member’s previous failure to respect the authority of the Committee. As a result of his failure to comply with the orders of the Discipline Committee, the Member will not be permitted to teach until his fulfills the terms, conditions or limitations ordered by the Committee. The coursework that the Member must successfully complete satisfies the objectives of penalty in that it will assist in the Member’s rehabilitation.
The Committee finds that there shall be publication of its finding and order in summary form, in the official publication of the College, Professionally Speaking/Pour parler profession, with the name of the Member. Publication with name is required in this case to ensure that members of the profession are aware that the discipline process is serious and is not to be taken lightly. Publication with name acts as a specific deterrent to the Member as it holds him accountable for his actions. It also serves as a general deterrent by reminding other members of the profession that the failure to comply with the orders of the Committee is unacceptable. Finally, publishing the Member’s name ensures the transparency of the discipline process and reassures the public that the College acts decisively and does not shield its members when matters of this nature are brought to its attention.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: November 9, 2015
Wes Vickers, OCT
Chair, Discipline Panel
______________________________ Thomas (Tom) Potter
Member, Discipline Panel
Marie-Claude Yaacov
Member, Discipline Panel