DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996 (the "Act") and Ontario Regulation 437/97;
AND IN THE MATTER OF a discipline proceeding against Mansour Joseph Mafane Thiaw, OCT, a member of the Ontario College of Teachers.
PANEL: Monique Lapalme Arseneault, Chair
Darlene Mead, OCT
Louis Sloan, OCT
BETWEEN: )
) Joanne Excellent,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers
– and – )
) Mansour Joseph Mafane Thiaw
Mansour Joseph Mafane Thiaw ) was not in attendance at the hearing
(CERTIFICATE #617374) ) and was not represented by legal counsel
) Renée Kopp,
) Jones LLP,
) Independent Legal Counsel
) Heard: April 29, 2015
DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the "Committee") of the Ontario College of Teachers (the "College") on April 29, 2015 at Toronto.
A Notice of Hearing dated August 11, 2014 (Exhibit 1) was served on Mansour Joseph Mafane Thiaw ("the Member") requesting his attendance before the College's Discipline Committee on August 28, 2014 to set a date for a hearing. The hearing was subsequently set for April 29, 2015.
The Member was not in attendance at the hearing and was not represented by legal counsel.
ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated August 11, 2014 are as follows:
IT IS ALLEGED that Mansour Joseph Mafane Thiaw is guilty of professional misconduct or is incompetent as defined in sections 30(2) and 30(3) of 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 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) he demonstrated a lack of knowledge, skill or judgment or disregard for the welfare of students of a nature or extent that demonstrates that the member is unfit to continue to carry out his professional responsibilities or that a certificate held by the member should be made subject to terms, conditions or limitations.
At the hearing on April 29, 2015, Counsel for the College announced the College's intention to withdraw allegations 1(5) and 1(15) as outlined in paragraphs (a) and (b) of the aforementioned Notice of Hearing. The Committee agreed to the withdrawal of these allegations.
MEMORANDUM OF AGREEMENT
Counsel for the College informed the Committee that the parties had reached an agreement on the facts, and produced the Memorandum of Agreement (the "MOA") (Exhibit 3), which provides as follows:
Agreed Statement of Facts
The parties acknowledge, for the purposes of this proceeding only, the truth and accuracy of the facts set out in this document [the MOA] and agree to submit it to the Discipline Committee.
At all material times, the Member was employed by the Board as a teacher at École publique Saint-Joseph and at École élémentaire Jeanne-Lajoie.
During the 2011-2012 school year, the Member worked as a Grades 3/4 teacher at École publique Saint-Joseph.
During the 2011-2012 school year, the Member's performance was appraised twice under the New Teacher Induction Program ("NTIP"): on March 20, 2012 and June 12, 2012. The Member received a Development Needed rating and an Unsatisfactory rating in his second performance appraisal in the following domains: Commitment to Pupils and Pupil Learning; Professional Knowledge; and Teaching Practice. An Improvement Plan was developed on March 20, 2012 after the first appraisal.
On June 12, 2012, after obtaining the Unsatisfactory rating after his first appraisal for which he received a Development Needed rating under NTIP, the Member was placed on review status.
For the 2012-2013 school year, the Member was transferred to another school in the Board, École élémentaire Jeanne-Lajoie, and no Improvement Plan was prepared by the Board in relation to this new assignment. The Member resigned from his teaching position with the Board on March 6, 2013.
Plea of No Contest
For the purposes of this proceeding only, the Member hereby admits the truth of the facts and evidence referred to in the aforementioned Agreed Statement of Facts.
The Member pleads no contest to the allegations of incompetence against him in the Notice of Hearing dated August 11, 2014.
The Member voluntarily admits the above particulars, for the purposes of this proceeding only, and understands that by doing so, he is waiving his right to require the College to prove the case against him, and his right to have a hearing on this matter.
The Member is providing a Plea of No Contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee under protection of the Evidence Act, R.S.O. 1990, c. E. 23, chap. 12, as amended, for the purpose of this proceeding under the College of Teachers Act, S.O. 1996, c. 12, as amended. The Member's Plea of No Contest does not constitute an admission by him as to the facts or findings in any other civil, criminal or administrative proceeding.
Joint Submission on Resolution
The parties agree to resolve the complaint as follows:
The Parties agree, for the purposes of this administrative proceeding, that upon ratification of this MOA, there shall be no further action taken in the complaint, no appeal of any or all of the terms of this MOA and no application for judicial review, providing the terms are observed.
The Parties understand that if any provision of this MOA is declared null and void, the MOA will be interpreted as if this provision had been deleted and the MOA so amended shall then be in effect.
The Member agrees and understands that upon ratification of this MOA, the Discipline Committee will find him incompetent.
The Member acknowledges and understands that for the purposes of the examination of this matter, the Discipline Committee shall receive a copy of this MOA and of the Notice of Hearing which will be produced as exhibits at the hearing and will constitute the evidence against him on which the Plea of No Contest, the finding of incompetence and the penalty will be based.
Prior to seeking or accepting any position requiring a Certificate of Qualification and Registration, the Member must undertake to enrol, at his own expense, in a teacher education course approved in advance by the Registrar. This course must lead to an Additional Qualification or Additional Basic Qualification. The Member accepts and acknowledges that certain terms, conditions and limitations will be imposed on his Certificate of Qualification and Registration until the conditions set out in paragraphs 14, 15 and 16 have been met.
The Member undertakes to provide the Registrar with written confirmation from the course provider of his successful completion of the above-mentioned course, within 30 calendar days of the date of his completion of the course.
The Member undertakes to provide the Registrar with a copy of his next teacher performance appraisal, within 30 calendar days of the date of the appraisal.
The Member agrees and understands that, if an Unsatisfactory performance appraisal rating is submitted to the Registrar, the latter has discretionary power to file a new complaint against him.
The Member acknowledges and understands that upon ratification of this MOA, a notation will be made on the public registry maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. This information will also appear on his Certificate of Qualification and Registration, the public registry and his Statement of Professional Standing. Any changes to these documents or to the public registry may reflect this agreement between the Parties, including changes to the Member's status, to his membership history and to any terms, conditions or limitations imposed on him.
The Member acknowledges and understands that upon ratification of this MOA, the College shall make the decision and reasons for decision of the Discipline Committee available for review by the public in the Margaret Wilson Library, on its web site and in any other manner deemed appropriate by the Registrar.
The Member acknowledges and understands that upon ratification of this MOA, the College may post a copy of the decision and reasons for decision of the Discipline Committee on Quicklaw and any other online legal database.
The Member agrees and understands that this MOA constitutes the entire agreement between the College and himself, and that no oral or written inducement or threat of any kind has been made by the College to the Member to enter into this MOA.
The Member confirms that he understands the nature and effect of this MOA, and that he obtained legal advice from independent legal counsel in this regard.
The Parties agree that a signed copy of the MOA that is sent by facsimile or another similar method shall have the same force and effect as the original.
The Parties agree that this MOA may be signed in several copies, each of which shall be considered an original, and together shall constitute a single MOA.
DECISION
After reviewing the evidence introduced, and in light of the Memorandum of Agreement, the Plea of No Contest and the submissions by Counsel for the College, the Committee ratifies the Memorandum of Agreement. The Committee accepts that the facts produced support a finding of incompetence as defined in section 30(3) of the Act, and that the Member demonstrated a lack of knowledge, skill or judgment or disregard for the welfare of students of a nature or extent that demonstrates that the member is unfit to continue to carry out his professional responsibilities or that a certificate held by the member should be made subject to terms, conditions or limitations.
REASONS FOR DECISION
The Member acknowledges the truth and accuracy of the facts set out in paragraphs 1 to 5 of the MOA. The Committee accepts these facts and finds the Member incompetent.
The MOA confirms that the Member's performance was appraised twice under NTIP and that he received a Development Needed rating in his first performance appraisal and an Unsatisfactory rating in his second performance appraisal.
Specifically, the Member experienced difficulties in the following domains: Commitment to Pupils and Pupil Learning; Professional Knowledge; and Teaching Practice. The fact that he received an Unsatisfactory performance appraisal rating, after his first appraisal which identified a need for improvement (Development Needed), confirms that his knowledge and skills were inadequate to meet his students' needs. This evidence, which he does not contest, leads the Committee to determine that a finding of incompetence is appropriate in this case.
RESOLUTION
The Committee accepts the Joint Submission on Resolution and makes the following order:
- The Committee directs the Registrar to impose the following terms, conditions and limitations on the Member's Certificate of Qualification, and to enter them on the public registry:
(a) Prior to seeking or accepting any position requiring a Certificate of Qualification and Registration, the Member must undertake to enrol, at his own expense, in a teacher education course approved in advance by the Registrar. This course must lead to an Additional Qualification or Additional Basic Qualification. The Member accepts and acknowledges that certain terms, conditions and limitations will be imposed on his Certificate of Qualification and Registration until the conditions set out in the Resolution have been met.
(b) The Member undertakes to provide the Registrar with written confirmation from the course provider of his successful completion of the above-mentioned course, within 30 calendar days of the date of his completion of the course.
(c) The Member undertakes to provide the Registrar with a copy of his next teacher performance appraisal, within 30 calendar days of the date of the appraisal.
REASONS FOR RESOLUTION
The Committee accepts the Joint Submission on Resolution. The fact that two parties have reached an agreement should indicate that an appropriate balance of interests has been achieved. In the Committee's opinion, the Resolution is appropriate, because it addresses a number of expectations relating to professional responsibility.
The Member has acknowledged the incompetence demonstrated by him in his teaching. He must take a course leading to an Additional Qualification or Additional Basic Qualification. This course of action will help him to acquire the skills he needs to improve his teaching practice and make him aware of the competencies expected of a teacher.
The Committee finds that the Resolution is appropriate and that it serves and protects the public interest.
June 12, 2015
Monique Lapalme Arseneault
Chair, Discipline Panel
Darlene Mead, OCT
Member, Discipline Panel
Louis Sloan, OCT
Member, Discipline Panel