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 Mario Pelliccione, OCT, a member of the Ontario College of Teachers.
PANEL: Wes Vickers, OCT, Chair Alexander (Sandy) Bass, OCT
Marie-Claude Yaacov
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Bev Hodsdon,
) Law Clerk
- and – )
JOSEPH MARIO PELLICCIONE ) Jerry Raso,
(CERTIFICATE #488102) ) Ontario English Catholic
) Teachers’ Association,
) for Joseph Mario Pelliccione
) Marc Spector,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel )
) ) Heard: June 10, 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 22, 2013.
Neither the Member, Joseph Mario Pelliccione, nor his legal counsel were 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.
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 upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Joseph Mario Pelliccione set out in the Notice of Hearing dated July 22, 2013.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: June 10, 2015
______________________________ Wes Vickers, OCT
Chair, Discipline Panel
Alexander (Sandy) Bass, OCT
Member, Discipline Panel
Marie-Claude Yaacov
Member, Discipline Panel