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
Morley Edward Pitts, OCT, a member of the Ontario College of Teachers.
PANEL: Shanlee Linton, OCT, Chair Wes Vickers, OCT
Jane Ishibashi
BETWEEN: ) Christine Wadsworth
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Duane Crocker,
) Law Clerk
– and – )
MORLEY EDWARD PITTS ) Bernie Hanson
(CERTIFICATE #276156) ) Cavalluzzo Shilton McIntyre Cornish
) LLP
) for Morley Edward Pitts
) Rebecca Durcan,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: May 24, 2016
DECISION ON MOTION
Counsel for 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 (Exhibit 1) dated April 5, 2012.
Morley Edward Pitts (the “Member”) was not in attendance but had legal representation at the hearing.
UNDERTAKING AND ACKNOWLEDGEMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of Morley Edward Pitts (the “Undertaking”), which provides as follows:
I hereby resign as a member of the Ontario College of Teachers with immediate effect.
I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.
I undertake that I will never teach again in any public or private school in Ontario or work in any position which requires membership in the Ontario College of Teachers.
I understand that a breach of this Undertaking and Acknowledgment may constitute professional misconduct and that in those circumstances, should I obtain a Certificate of Qualification and Registration, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation will read as follows:
“On May 18, 2016, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending.”
All disciplinary decisions are available on the College website.
- I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgment and am executing same voluntarily, unequivocally, and with the advice of legal counsel.
DECISION
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 in exchange for the Undertaking of the Member set out above.
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. Both parties submitted, and the Committee accepts, that the Undertaking was not an admission of guilt or a plea of no contest by the Member. The Committee finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking in these circumstances is reasonable and serves to protect the public interest.
Date: May 24, 2016
Shanlee Linton, OCT
Chair, Discipline Panel
______________________________ Wes Vickers, OCT
Member, Discipline Panel
Jane Ishibashi
Member, Discipline Panel