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
Doug James Luymes, OCT, a member of the Ontario College of Teachers.
PANEL: Ravi Vethamany, OCT, Chair Jane Ishibashi Stéphane Vallée, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Christine Wadsworth, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk
– and –
DOUG JAMES LUYMES (CERTIFICATE #202856) Mandy Wojcik and Serwaah Frimpong, Student-at-Law, Goldblatt Partners LLP, for Doug James Luymes
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: May 3, 2016
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 3, 2016 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated August 14, 2014 (Exhibit 1) was served on Doug James Luymes (the “Member”), requesting his presence on September 18, 2014 to set a date for hearing, and specifying the charges. The hearing was subsequently set for May 3, 2016.
The Member was not in attendance for the hearing but had legal representation.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing are as follows:
IT IS ALLEGED that the Member is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (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 committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and
(c) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
IT IS FURTHER ALLEGED that the Member is guilty of professional misconduct as defined in subsection 30(2) of the Act, pursuant to Ontario Regulation 437/97, Section 2, in that a finding of professional misconduct or a similar finding against the Member was made by the governing authority of the teaching profession in the province of British Columbia that is based on facts that would, in the Committee’s opinion, constitute professional misconduct as defined in Section 1, in particular the aforementioned subsections.
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 the following:
At all material times, Doug James Luymes was a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed as a teacher by the Burnaby Board of Education – School District No. 41, in the province of British Columbia.
On or around May 23, 2008, the Member attended at the home of an adult female (“Person A”) in response to an advertisement placed on Craigslist offering sexual services. While at the home, a dispute and physical confrontation ensued between the Member and Person A, resulting in a call to police.
The Member was charged with assault and forcible entry contrary to sections 266 and 72(1) of the Criminal Code of Canada. The charges were later stayed in exchange for the Member entering into a Peace Bond, in which he acknowledged that his conduct had caused Person A fear of personal injury to a person or property.
In or about April 2013, the Member admitted that his conduct constituted conduct unbecoming a teacher and was contrary to Standard #2 of the Standards for the Education, Competence & Professional Conduct of Educators in British Columbia, Fourth Edition, January 2012.
As a result of the Member’s admission:
a) the Director of Certification in British Columbia cancelled the Member’s certificate of qualification pursuant to section 64(e) of the British Columbia Teachers Act;
b) for a period of three years, the Director of Certification is not to issue to the Member a certificate of qualification, an independent school teaching certificate or a letter of permission, should the Member re-apply in that period.
- Attached hereto and marked as Exhibit “B” is a copy of the Consent Resolution Agreement between British Columbia’s Commissioner appointed under the Teachers Act and the Member, dated April 24, 2013.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 7 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(18), and 1(19) and that he has been found to have committed professional misconduct by the Commissioner for Teacher Regulation in British Columbia based on facts that would constitute professional misconduct as defined in Ontario Regulation 437/97, including Section 2 thereof.
By this document the Member states that:
a) he understands fully the nature of the allegations against him;
b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to otherwise prove the case against him and the right to have a hearing;
d) he understands that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;
e) he understands that any agreement between him and counsel for the College with respect to the penalty does not bind the Discipline Committee;
f) he understands and acknowledges that he 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 guilty of professional misconduct.
DECISION
Having considered the Agreed Statement of Facts and Guilty Plea, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that the Member committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(18) and 1(19) and Section 2.
REASONS FOR DECISION
The Committee finds the Member guilty of professional misconduct contrary to Ontario Regulation 437/97, subsections 1(5), 1(18) and 1(19) and Section 2, based on the Agreed Statement of Facts and Guilty Plea, exhibits, and the submissions of College Counsel and Counsel for the Member, and in particular paragraphs 3, 4, 5, 6 and 7 of the Agreed Statement of Facts and Guilty Plea.
The Committee further accepts the submission of College Counsel and Counsel for the Member that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5) in that he failed to maintain the ethical standards of respect and integrity.
JOINT SUBMISSION ON PENALTY
Counsel for the College and Counsel for the Member submitted a Joint Submission on Penalty (Exhibit 3) that recommended that the Committee:
direct that prior to commencing a teaching position or any position for which a Certificate of Qualification and Registration is required (a “Teaching Position”), the Member appear before the Committee to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
direct the Registrar of the Ontario College of Teachers (the “Registrar”) to suspend the Certificate of Qualification and Registration of the Member for a period of three months commencing on the date of the Order of the Discipline Committee relating to this matter and the fact of the suspension is to be recorded on the Register.
direct the Registrar 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:
(a) prior to commencing a Teaching Position, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding professional ethics, subject to the following conditions:
(i) the Member shall provide to a course provider approved by the Registrar copies of the Agreed Statement of Facts and Guilty Plea and the Joint Submission on Penalty made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Order of the Discipline Committee;
(ii) after having reviewed the documents set out at paragraph (i) above, the course provider shall provide to the Registrar for approval, a syllabus for the proposed course which will specifically address the concerns of the Discipline Committee regarding the Member’s professional misconduct. The course proposed by the course provider will also specify the length of the course and its objectives;
(b) within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:
(i) the Member has successfully completed the course, and describing the Member’s progress with respect to the stated objective of the course.
- direct that there be publication of the finding and order of the Committee in summary form, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
PENALTY DECISION
The Committee orders the terms set out above in the Joint Submission on Penalty.
REASONS FOR PENALTY DECISION
The Committee finds that it has jurisdiction to make the order requested and that the Joint Submission on Penalty is reasonable and would not bring the administration of justice or the discipline process into disrepute. Although the Member was not in good standing when his misconduct occurred (because his Certificate of Qualification and Registration had been suspended for non-payment of fees), he was still a member of the College in accordance with subsection 14(1) of the Act, and the Committee therefore has jurisdiction over the Member’s conduct.
The Committee finds that the Joint Submission on Penalty is reasonable based on the submissions of College Counsel and Counsel for the Member, including the rationale for each component of the penalty, and the mitigation of the Member’s guilty plea.
The reprimand, three-month suspension of the Member’s Certificate of Qualification and Registration, course of instruction regarding professional ethics, and publication with the Member’s name in Professionally Speaking/Pour parler profession are intended to be a specific deterrent for the Member, to remediate the Member’s conduct, and to protect the public.
Recording of the sanctions on the Register, as set out above, and publication with the Member’s name in Professionally Speaking/Pour parler profession are intended to be a general deterrent for members of the profession, to inspire public confidence in the teaching profession, and to express public disapproval of the Member’s misconduct.
Teachers are role models who must maintain the ethical standards of the teaching profession in their conduct in the community and the Committee denunciates the Member’s misconduct in this case as disgraceful, dishonourable and unprofessional and as conduct unbecoming a member of the teaching profession. The Committee finds that the Joint Submission on Penalty is reasonable and that the penalty serves and protects the public interest.
Date: May 18, 2016
______________________________
Ravi Vethamany, OCT Chair, Discipline Panel
______________________________ Jane Ishibashi Member, Discipline Panel
______________________________
Stéphane Vallée, OCT Member, Discipline Panel