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
Deborah Lynn MacNeill, OCT, a member of the Ontario College of Teachers.
PANEL: Marie-Claude Yaacov, Chair Jane Ishibashi Sara Nouini, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS David Leonard, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Law Clerk
– and –
DEBORAH LYNN MACNEILL (CERTIFICATE #491196) Jerry Raso, Ontario English Catholic Teachers’ Association for Deborah Lynn MacNeill
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: November 9, 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 January 24, 2014 (Exhibit 1).
Deborah Lynn MacNeill (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 and incompetence against the Member set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of Deborah Lynn MacNeill (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 not teach in any public or private school in Ontario or work in any position which requires membership with the Ontario College of Teachers following the cancellation of her Certificate of Qualification and Registration.
The Member undertakes that she will not seek reinstatement of her Certificate of Qualification and Registration unless she first provides evidence to the Registrar of her successful completion of coursework, approved in advance by the Registrar, in relation to classroom management skills, curriculum knowledge and delivery, lesson planning and preparation, evaluation of student work, and progress assessment practices.
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 November 9, 2015, the Member resigned her membership with the Ontario College of Teachers and has undertaken never to teach again. 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.
DECISION
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence 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: November 9, 2015
Marie-Claude Yaacov Chair, Discipline Panel
Jane Ishibashi Member, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel