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 Maureen Lena Lowery, a member of the Ontario College of Teachers.
PANEL: Shanlee Linton, OCT, Chair Jean-Luc Bernard, OCT Marie-Claude Yaacov
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk
– and –
MAUREEN LENA LOWERY (CERTIFICATE #163001) Patricia D’Heureux, Cavalluzzo Shilton McIntyre Cornish LLP, for Maureen Lena Lowery
Rebecca Durcan, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: September 29, 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 (Exhibit 1) dated June 6, 2011.
Maureen Lena Lowery (the “Member”) was not in attendance for the hearing but had legal representation.
UNDERTAKING AND ACKNOWLEDGEMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of Maureen Lena Lowery (the “Undertaking”), which provides as follows:
The Member will resign as a member of the Ontario College of Teachers with immediate effect.
The Member undertakes that she will never seek reinstatement of her Certificate of Qualification and Registration.
The Member undertakes that she will never teach again in any public or private school in Ontario or work in any position which requires membership in the Ontario College of Teachers.
The Member understands that a breach of this Undertaking may constitute professional misconduct and should the Member obtain a Certificate of Qualification and Registration, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
The Member acknowledges that her status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation on the public register will read as follows:
“On September 29, 2015, the Member resigned her membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of her Certificate of Qualification and Registration. The Member resigned her membership while a disciplinary proceeding was pending”.
The Member acknowledges that she understands the scope, purpose and effect of her execution of this Undertaking and executes the same voluntarily, unequivocally, and with the advice of legal counsel.
The Undertaking does not constitute any admission on the part of the Member in relation to any of the allegations set out in the Notice of Hearing referred to above, nor is it to be interpreted as such in this or any related proceeding.
DECISION
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing in exchange for the Undertaking of the Member set out above.
REASONS FOR DECISION
The Committee has 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. The Committee finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking in these circumstances is reasonable and serves to protect the public interest.
Date: September 29, 2015
Shanlee Linton, OCT Chair, Discipline Panel
Jean-Luc Bernard, OCT Member, Discipline Panel
Marie-Claude Yaacov Member, Discipline Panel