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
David Gregory Marcotte, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair Shanlee Linton, OCT
Marie-Claude Yaacov
BETWEEN: ) Eli Mogil,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Bev Hodsdon,
) Law Clerk
- and – )
DAVID GREGORY MARCOTTE ) Heather Alden,
(CERTIFICATE #240632) ) Ontario Secondary School
) Teachers’ Federation,
) for David Gregory Marcotte
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel )
) ) Heard: June 16, 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 July 25, 2014.
David Gregory Marcotte was not in attendance.
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. He indicated that should the matter proceed to a hearing, there was no reasonable prospect of obtaining a finding of professional misconduct. Counsel for the Member concurred.
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 Counsel for the Member, and upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against David Gregory Marcotte set out in the Notice of Hearing dated July 25, 2014.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: June 16, 2015
______________________________ Robert Gagné
Chair, Discipline Panel
Shanlee Linton, OCT
Member, Discipline Panel
Marie-Claude Yaacov
Member, Discipline Panel