DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996 (the "Act") and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Maria Shah, OCT, a member of the Ontario College of Teachers
PANEL: Robert Gagné, Chair Shanlee Linton, OCT
Marie-Claude Yaacov
BETWEEN: )
) Eli Mogil,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Bev Hodsdon,
) Law Clerk
- and - )
) Heather Alden,
MARIA SHAH ) Ontario Secondary School Teachers'
(CERTIFICATE #214742) ) Federation,
) for Maria Shah
) Julie Maciura,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: June 16, 2015
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the "Committee") on June 16, 2015 at the Ontario College of Teachers (the "College") at Toronto.
A Notice of Hearing (Exhibit 1) dated August 13, 2013 was served on Maria Shah (the "Member") requesting her presence on September 18, 2013 to set a date for a hearing and specifying the charges. The hearing was subsequently set for June 16, 2015.
The Member was not in attendance at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated August 13, 2013 are as follows:
IT IS ALLEGED that Maria Shah is guilty of professional misconduct and/or is incompetent as defined in subsections 30(2) and 30(3)of the Ontario College of Teachers Act, 1996 (the "Act") in that:
(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15); and
(c) she displayed a lack of knowledge, skill or judgment and/or disregard for the welfare of her students of a nature or extent that demonstrates that the Member is either unfit to carry out her professional responsibilities or that the Member's certificate should be made subject to terms, conditions or limitations.
Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs (a) and (b) of the Notice of Hearing be withdrawn and the Committee granted the request.
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 as follows:
Maria Shah is a member of the Ontario College of Teachers. Included in Exhibit 2 at Tab "A" is a copy of the Ontario College of Teachers Registered Member Information regarding the Member.
At all material times, the Member was employed by the York Region District School Board (the "Board") as a teacher at King City Secondary School (the "School").
In the 2010-2011 academic year, the Member underwent two performance appraisals performed by the principal of the School. During the course of those appraisals the Member's principal determined that her teaching was unsatisfactory.
For the first appraisal conducted in January 2011, the Member received an overall performance rating of unsatisfactory. Included in Exhibit 2 at Tab "B" is a copy of the January 26, 2011 Summative Report Form for the Member, and the Member's comments regarding the Form.
The appraisal identified that the Member required improvement in the following areas:
(a) use of effective questioning techniques to promote a balance of teacher and student directed discussion and ensure higher level learning;
(b) preparation of detailed daily lesson plans including both overall and specific expectations, instructional strategies and assessment strategies;
(c) use of diagnostic, formative, and summative assessments for each unit of study;
(d) implementation of the behaviour code;
(e) use of students' Individual Education Plans (IEPs) to accommodate individual student needs and modify lesson plans and activities accordingly.
As a result of the unsatisfactory performance appraisal, an Improvement Plan was put into place. The Improvement Plan outlined the competencies requiring development, the expectations, steps to be taken for improvement, and available supports. Included in Exhibit 2 at Tab "C" is a copy of the February 16, 2011 Improvement Plan.
The Member underwent a second performance appraisal in May 2011, in which she again received an overall performance rating of unsatisfactory. Included in Exhibit 2 at Tab "D" is a copy of the June 9, 2011 Summative Report Form for the Member and the Member's response to it. Little improvement was noted since the January 2011 performance appraisal.
In December 2011, the process for a third performance appraisal of the Member was begun. The process was not completed. In January 2012, the Member and the Board entered into a Memorandum of Settlement whereby the Member resigned her regular teaching position and commenced employment with the Board as an occasional teacher. Included in Exhibit 2 at Tab "E" is a copy of the January 19, 2012 Memorandum of Settlement.
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 admits the allegation of incompetence in that she has displayed a lack of knowledge, skill or judgment or disregard for the welfare of her students of a nature or extent that demonstrates that her Certificate should be made subject to terms, conditions or limitations, as defined in subsection 30(3) of the Act.
By this document the Member states that:
(a) she understands fully the nature of the allegations against her;
(b) she understands that by signing this document she is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) she understands that by pleading guilty to the allegations, she is waiving the right to require the College to otherwise prove the case against her and the right to have a hearing;
(d) she understands that any agreement between her counsel and Counsel for the College with respect to the penalty proposed does not bind the Discipline Committee;
(e) she understands and acknowledges that she 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 to be incompetent.
DECISION
Having considered the evidence and onus and standard of proof, and the submissions made by College Counsel and Counsel for the Member, the Committee finds the Member to be incompetent in that she displayed a lack of knowledge, skill or judgment or disregard for the welfare of her students of a nature or extent that demonstrates that her Certificate should be made subject to terms, conditions or limitations, as defined in subsection 30(3) of the Act.
REASONS FOR DECISION
The Member admitted the truth of the facts referred to in paragraphs 1 to 8 of the Agreed Statement of Facts and Guilty Plea. The Committee accepts the Member's plea and accepts that the Admitted Facts amount to incompetence as pleaded to by the Member.
In the 2010-2011 academic year, the Member underwent two performance appraisals and, on each occasion, the Member's performance was deemed to be unsatisfactory. As a result of the unsatisfactory performance appraisal conducted in January 2011, an Improvement Plan was put into place. The Member underwent a second performance appraisal in May 2011, in which she again received an overall performance rating of unsatisfactory. Little improvement was noted since the January 2011 performance appraisal.
In December 2011, the process for a third performance appraisal of the Member began but the process was not completed. In January 2012, the Member and the Board entered into a Memorandum of Settlement whereby the Member resigned her regular teaching position and commenced employment with the Board as an occasional teacher.
In light of this evidence and in light of the Member's plea, the Committee determines that a finding of incompetence is appropriate in this matter.
JOINT SUBMISSION ON PENALTY
Counsel for the College tendered a Joint Submission on Penalty (Exhibit 4) signed by the Member and stating the following:
The Ontario College of Teachers and the Member jointly submit that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:
- direct the Registrar to impose the following terms, conditions, or limitations on the Member's Certificate of Qualification and Registration, and to record the fact of such terms, conditions, or limitations on the Register until such time as they are fulfilled:
(i) within 12 months of June 16, 2015, the date of the Decision, Reasons for Decision and Orders of the Discipline Committee, the Member shall enroll in and successfully complete, at her own expense, the following course pre-approved by the Registrar:
A. an Additional Qualification course or Additional Basic Qualification course which covers curriculum, lesson planning, instructional strategies and assessment of student learning;
B. within thirty days of her completion of the course referred to at paragraph A above, the Member shall provide evidence to the Registrar in writing, of her successful completion of same.
PENALTY DECISION
The Committee makes the following order as to penalty:
- The Registrar is directed to impose the following terms, conditions or limitations on the Member's Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register until such time as they are fulfilled:
(i) within 12 months of June 16, 2015, the date of the Decision, Reasons for Decision and Orders of the Discipline Committee, the Member shall enroll in and successfully complete, at her own expense, the following course pre-approved by the Registrar:
A. an Additional Qualification course or Additional Basic Qualification course which covers curriculum, lesson planning, instructional strategies and assessment of student learning;
B. within thirty days of her completion of the course referred to at paragraph A above, the Member shall provide evidence to the Registrar in writing, of her successful completion of same.
REASONS FOR PENALTY DECISION
The Committee has carefully reviewed and accepts the Joint Submission on Penalty. The Member has acknowledged her demonstrated incompetencies in her teaching practice. In spite of additional supports offered by School administration, the Member failed to remediate the deficiencies in her teaching practice. An Additional Qualification course that addresses curriculum, lesson planning, instructional strategies and assessment of student learning will assist the Member in acquiring the necessary and effective skills to resume any teaching responsibilities in publicly funded schools in Ontario.
The Committee is satisfied that the public interest will be served by imposing these terms, conditions or limitations on the Member's Certificate of Qualification and Registration.
Date: June 16, 2015
Robert Gagné
Chair, Discipline Panel
Shanlee Linton, OCT
Member, Discipline Panel
Marie-Claude Yaacov
Member, Discipline Panel