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
Michael William van Gentevoort, OCT, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair Stefanie Achkewich, OCT
Alexander (Sandy) Bass, OCT
BETWEEN: ) Ava Arbuck,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Law Clerk
- and – )
MICHAEL WILLIAM VAN GENTEVOORT) Heather Alden,
(CERTIFICATE #441701) ) Ontario Secondary School Teachers’
) Federation,
) for Michael William van Gentevoort
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel )
) ) Heard: February 12, 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 March 15, 2011.
Michael William van Gentevoort 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. She 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 Michael William van Gentevoort set out in the Notice of Hearing dated March 15, 2011.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: February 12, 2015
______________________________ Robert Gagné
Chair, Discipline Panel
Stefanie Achkewich, OCT
Member, Discipline Panel
Alexander (Sandy) Bass, OCT
Member, Discipline Panel