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
Jonathan K. Eltis, OCT, a member of the Ontario College of Teachers.
PANEL: Tom Potter, Chair
Colleen Landers
Sara Nouini, OCT
BETWEEN: ) Christine Wadsworth,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
– and – )
JONATHAN K. ELTIS ) Vanora Simpson,
(CERTIFICATE #275258) ) Goldblatt Partners LLP, ) for Jonathan K. Eltis
) Erica Richler,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: September 22, 2016
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on September 22, 2016 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated April 9, 2015 (Exhibit 1) was served on Jonathan K. Eltis (the “Member”), requesting his presence on April 29, 2015 to set a date for hearing, and specifying the charges. The hearing was subsequently set for September 22, 2016.
The Member was in attendance for the hearing and had legal representation.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing are as follows:
IT IS ALLEGED that Jonathan K. Eltis is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1) 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 abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);1
(d) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(e) he abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;2
(f) 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);
(g) 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);
(h) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
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:
Jonathan K. Eltis is 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 Kawartha Pine Ridge District School Board (the “Board”). In the academic year 2009-2010, the Member taught at [XXX] School [XXX]. In the academic year 2012-2013, the Member taught at [XXX] School [XXX] In the academic year 2013-2014, the Member taught at [XXX] School [XXX].
In or around March 2010, administrators at [XXX] received a complaint from a parent that the Member had exhibited inappropriate behaviour towards her daughter, a student at [XXX]. The Board investigated the matter, and the Durham Children’s Aid Society was contacted by the parent.
Following its investigation of the matter, the Board determined that in the academic year 2009-2010 the Member had:
(a) used profanity in the classroom;
(b) on one occasion, made a sexualized joke to students;
(c) referred to female students by pet names, including but not limited to “sweetheart”.
Following its investigation of the incidents, the Durham Children’s Aid Society substantiated concerns related to the Member, regarding boundary issues. Attached hereto and marked as Exhibit “B” is a copy of the May 10, 2010 letter from the Durham Children’s Aid Society to the Board.
As a result of these incidents, the Board issued a letter of discipline to the Member. Attached hereto and marked as Exhibit “C” is a copy of the June 28, 2010 letter of discipline from the Board to the Member.
During the first week of March 2013, while teaching at [XXX], the Member was walking in the hallway where a Grade [XXX] female student (“Student 2”) was drinking at the water fountain. As he walked by, the Member made contact with Student 2’s buttocks with a textbook. Attached hereto and marked as Exhibit “D” is a copy of the handwritten statement prepared by Student 2, in which she describes the incident.
On or around March 19, 2013, the Member was sitting beside a Grade [XXX] female student (“Student 1”) during a school assembly. The Member squeezed Student 1’s knee, and discussed with Student 1 whether she was ticklish.
Following the incidents reported by Student 1 and Student 2, administrators at [XXX] conducted an investigation and interviewed Student 1, Student 2, and other students. The Durham Children’s Aid Society also conducted an investigation and participated in the student interviews.
During the investigation, other students reported other incidents that had occurred during the academic year 2012-2013. In particular, during the 2012-2013 academic year, the Member had:
(a) put his cold hands on the neck and/or or back of a student or students;
(b) tapped a student or students with a book in response to a funny comment.
Following its investigation of the incidents, the Durham Children’s Aid Society verified the following: a risk that the child is likely to be sexually harmed, and a risk that the child is likely to be sexually harmed/questionable sexual activity. Attached hereto and marked as Exhibit “E” is a copy of the April 16, 2013 letter from the Durham Children’s Aid Society to the Board.
As a result of these incidents, the Board issued a letter of discipline to the Member. Attached hereto and marked as Exhibit “F” is a copy of the June 21, 2013 letter of discipline from the Board to the Member. The Member was suspended for five instructional days. He was also administratively transferred to [XXX] for the following school year.
In October 2013, while the Member was teaching at [XXX], the Member made inappropriate and insensitive comments to a male student (“Student 3”) in the presence of students, including:
(a) asking Student 3 whether he was a boy or a girl, while seeking a female participant for a [XXX] activity;
(b) referring to Student 3 as “Mademoiselle”;
(c) walking by Student 3 and his sister and saying words to the effect of “Bye ladies, have a good weekend”.
As a result of these incidents, the Board issued a letter of discipline to the Member. Attached hereto and marked as Exhibit “G” is a copy of the November 11, 2013 letter of discipline from the Board to the Member.
Pursuant to a Memorandum of Agreement signed November 19, 2013, the Member resigned from his employment with the Board on January 1, 2014.
The Member began teaching in Ontario in 1991. The College is unaware of any complaints about the Member’s professional conduct apart from incidents in the 2009-2010, 2012-2013, and 2013-2014 academic years.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs 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(7), 1(7.2), 1(15), 1(18), and 1(19).
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 proposed 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
Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs (c) and (e) of the Notice of Hearing, namely that the Member contravened subsections 1(7.1) and 1(7.3) of Ontario Regulation 437/97, be withdrawn. The Committee granted the request.
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, 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(7), 1(7.2), 1(15), 1(18), and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 16 of the Agreed Statement of Facts and Guilty Plea and pleaded guilty to the allegations of professional misconduct against him. He acknowledged and the Committee accepts that the Admitted Facts constitute conduct which is professional misconduct, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.2), 1(15), 1(18), and 1(19).
Paragraphs 4, 7, 8, 10, and 13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5).
Paragraphs 4 and 13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7).
Paragraphs 4, 7, 8, 10, and 13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).
Paragraphs 4, 7, 8, 10, and 13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member 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).
Paragraphs 4, 7, 8, 10, and 13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member 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).
Paragraphs 4, 7, 8, 10, and 13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty (Exhibit 3), Counsel for the College and Counsel for the Member jointly submitted that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:
direct that the Member appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor St. West, 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 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 or any position for which a Certificate of Qualification and Registration is required (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 boundary violations and sensitivity issues, subject to the following conditions;
(i) the Member will provide to a course provider approved by the Registrar, a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Order of the Discipline Committee;
(ii) upon review of the documents noted at paragraph (i) above, the course provider will provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course provider shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member;
(b) within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course provider:
(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals 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 accepts the Joint Submission on Penalty presented by the parties and makes an order in accordance with its terms, as set out above
REASONS FOR PENALTY DECISION
The Committee accepts the penalty jointly proposed by the parties. The Committee recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Committee’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of justice or the discipline process into disrepute. The Committee finds that the penalty proposed in the Joint Submission on Penalty is proportionate to the misconduct committed by the Member and is reasonable given the circumstances of this case.
The penalty proposed by the parties is also within a reasonable range, based on the following analogous cases presented by College Counsel: Ontario College of Teachers v. Towler, 2015 LNONCTD 98 (“Towler”); Ontario College of Teachers v. French (11 May 2016) (“French”); and Ontario College of Teachers v. Green-Johnson, 2016 LNONCTD 6 (“Green-Johnson”).
The Committee finds that the Member’s repeated pattern of inappropriate, unprofessional, and psychologically or emotionally, and verbally abusive behaviour towards students warrants a reprimand by his peers. The reprimand will allow the Committee to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.
The Committee finds that suspending the Certificate of Qualification and Registration of the Member for a period of three months is proportionate to the misconduct committed by the Member. The Member’s conduct involved a repeated pattern of inappropriate, unprofessional and abusive behaviour towards students, and is completely unacceptable. In particular, the Committee was troubled by the lack of awareness and insight into the effect of his professional misconduct on the wellbeing of his students. The duration of the suspension is also appropriate given that it is within a reasonable range as established by other similar cases before the College’s Discipline Committee, including Towler, French and Green-Johnson. Finally, recording the fact of the suspension on the Register will serve as a general deterrent to other members of the profession.
The Committee finds that the course of instruction regarding boundary violations and sensitivity issues will assist in the rehabilitation of the Member. The coursework will remind the Member of his obligations as a teacher, including the need to treat all students with respect and to maintain appropriate professional boundaries. Further, the coursework will serve a rehabilitative function and will help the Member make better decisions in the event he chooses to resume his teaching career.
The Committee finds that publication with the Member’s name in Professionally Speaking/Pour parler profession is warranted. Publication with the name of the Member identifies to the profession the serious nature of the Member’s misconduct and the consequences of such behaviour. Publication with name acts as a specific deterrent to the Member as it holds the Member accountable for his actions. It also serves as a general deterrent by reminding the profession that such behaviour is not tolerated. Moreover, publishing the Member’s name ensures the transparency of the discipline process and reassures the public that the College acts decisively and does not shield its members when matters of this nature are brought to its attention.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: October 19, 2016
Tom Potter
Chair, Discipline Panel
______________________________ Colleen Landers
Member, Discipline Panel
Sara Nouini, OCT
Member, Discipline Panel