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
Charles Willard Demmery, OCT, a member of the Ontario College of Teachers.
PANEL: Ann Ciaschini, OCT, Chair
Colleen Landers, Ravi Vethamany, OCT
BETWEEN: ) Zirka Jakibchuk,
) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS )
– and – )
CHARLES WILLARD DEMMERY ) Charles Willard Demmery,
(CERTIFICATE #397371) ) Self-represented )
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: June 16, 2016
DECISION ON MOTION
Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from the Discipline Committee (the “Committee”) to withdraw the allegations set out in the Notice of Hearing dated June 2, 2016 (Exhibit 1).
Charles Willard Demmery (the “Member”) was self-represented, but was not present at the hearing.
SUBMISSIONS OF COLLEGE COUNSEL
College Counsel advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing and submitted that there was no reasonable prospect of obtaining a finding of professional misconduct, should the matter proceed to a hearing, due to insufficient evidence.
DECISION
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 the Member set out in the Notice of Hearing.
REASONS FOR DECISION
The Committee has 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. The Committee accepts the submission of College Counsel that there was no reasonable prospect of obtaining a finding of professional misconduct, if the matter were to proceed to a hearing, due to insufficient evidence.
The Committee finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate and protect the public interest.
Date: June 16, 2016
Ann Ciaschini, OCT
Chair, Discipline Panel
Colleen Landers
Member, Discipline Panel
Ravi Vethamany, OCT
Member, Discipline Panel