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
Joseph Robert Millward, a member of the Ontario College of Teachers.
PANEL: Wes Vickers, OCT, Chair
Jane Ishibashi
Stéphane Vallée, OCT
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
– and – )
JOSEPH ROBERT MILLWARD ) Claire Hatcher,
(CERTIFICATE #388422) ) Bolton Hatcher Dance LLP,
) for Joseph Robert Millward
) Rebecca Durcan,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: November 11, 2015
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 11, 2015 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated April 8, 2015 (Exhibit 1) was served on Joseph Robert Millward (the “Member”), requesting his presence on April 29, 2015 to set a date for hearing, and specifying the charges. The hearing was subsequently set for November 11, 2015.
Neither the Member nor his legal counsel was in attendance for the hearing.
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 failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) he abused a student sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student as defined in section 1 of the Act;
(e) 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); and
(f) he 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 the following:
Joseph Robert Millward was at all material times, 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 respecting the Member.
At all material times, the Member was also a member of the British Columbia College of Teachers and/or held a Professional Certificate under the Teaching Profession Act and/or Teachers Act in British Columbia.
Student 1 and Student 2 were female Grade [XXX] and Grade [XXX] students respectively being tutored by the Member in [XXX].
While tutoring Student 1, the Member:
(a) sat very close to her, in that they were shoulder to shoulder;
(b) brushed his hand up against her leg;
(c) periodically patted her on the back.
- While tutoring Student 2, the Member:
(a) sat very close to her, in that their shoulders were touching;
(b) periodically placed his hand on her thigh;
(c) brushed her hair away from her face with his hand and moved it over her shoulder;
(d) moved her hair and shirt collar in order to place a heating pad on her neck even though she had indicated that she did not want it.
As a result of the Member’s conduct, both Student 1 and Student 2 felt uncomfortable.
Subsequently, the Member resigned from his teaching position in 2013.
On or about November 28, 2013, the Member was found guilty of professional misconduct by the Teacher Regulation Branch in British Columbia. Attached to Exhibit 2 at Tab “B” a copy of the Consent Resolution Agreement dated November 28, 2013. Attached to Exhibit 2 at Tab “C” is a copy of the Membership form printout for the Member from the Teacher Regulation Branch in British Columbia.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 8 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(5), 1(18), and 1(19).
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 the parties with respect to the penalty proposed in this document 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), (c) and (d) of the Notice of Hearing, namely that the Member contravened subsections 1(7.1), 1(7.2) and 1(7.3), 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(5), 1(18), and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 8 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(5), 1(18), and 1(19).
Paragraphs 4, 5 and 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5).
Paragraphs 4, 5 and 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member 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).
Paragraphs 4, 5 and 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty (Exhibit 4), 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, prior to commencing any teaching position which requires a Certificate of Qualification and Registration in the province of Ontario, appear before the Committee on a date pre-arranged by the Hearings Co-ordinator of the College, 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;
direct 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 accepts the Joint Submission on Penalty proposed by the parties and makes an order in accordance with its terms, as set out above.
REASONS FOR PENALTY DECISION
The Committee accepts the penalty jointly proposed by the parties. 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 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 College to address its concerns with the Member, should he decide to commence a teaching position in Ontario. Additionally, recording the fact of the reprimand on the Register also serves as a general deterrent as it informs other members of the teaching profession of the consequences for engaging in professional misconduct.
The Committee finds that publication with the Member’s name in Professionally Speaking/Pour parler profession is also warranted. Publication with the name of the Member identifies to the profession the serious nature of the Member’s misconduct and the consequences of such behaviour. Publication with name acts as a specific deterrent to the Member as it holds the Member accountable for his actions. It also serves as a general deterrent by reminding the profession that such behaviour is not tolerated. Moreover, 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 18, 2015
Wes Vickers, OCT
Chair, Discipline Panel
______________________________ Jane Ishibashi
Member, Discipline Panel
Stéphane Vallée, OCT
Member, Discipline Panel