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
Jason Edward Gera, OCT, a member of the Ontario College of Teachers.
PANEL: Ravi Vethamany, OCT, Chair
Tom Potter
Irene Dembek, OCT
BETWEEN: ) Eli Mogil,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers, ) assisted by Duane Crocker,
– and – ) Law Clerk
Jason Edward Gera )
(CERTIFICATE # 448106) )
) Jerry Raso,
) Ontario English Catholic
) Teachers’ Association
) for Jason Edward Gera
) Erica Richler,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: October 27, 2016
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 27, 2016 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated January 20, 2015 (Exhibit 1) was served on Jason Edward Gera (the “Member”), requesting his presence on March 6, 2015 to set a date for hearing, and specifying the charges. The hearing was subsequently set for October 27, 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 Jason Edward Gera 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 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 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);
(e) 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
(f) 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:
Jason Edward Gera was at all material times, 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 respecting the Member.
At all material times, the Member was employed by the Hamilton-Wentworth Catholic District School Board (the “Board”) as a Grade [XXX] teacher at [XXX] School in Hamilton, Ontario.
Student 1 was a male student in the Member’s Grade [XXX] class.
On or about May 28, 2013, students in the Member’s class were tidying up the classroom at the end of the school day. The Member stood by the closed classroom door to ensure that the classroom would be tidied before the students left for the day.
Student 1 attempted to go past the Member and open the door to leave, without permission. The Member prevented Student 1 from leaving the classroom, raising his hand at Student 1 as he yelled and screamed at Student 1, frightening him.
Student 1 started to cry and ran away from the Member. The Member tried to apologize to Student 1, but Student 1 would not stop to listen. As soon as the bell rang, Student 1 left the classroom and ran all the way home.
The Member reported the incident to the School’s administration. He explained that he instinctively reached out to move Student 1 back when Student 1 tried to grab the door handle to leave without permission. He explained that he tried to speak with Student 1, but Student 1 refused to speak with him. He acknowledged that he, too, would have felt scared had he been in Student 1’s place.
The Catholic Children’s Aid Society of Hamilton and the Hamilton Police Service’s Child Abuse Branch were notified. They conducted a joint investigation.
Following its investigation, the Catholic Children’s Aid Society of Hamilton verified the allegation of “causing risk that a child is likely to be physically harmed.” Attached hereto and marked as Exhibit “B” is a copy of the letter sent to the Member from the Catholic Children’s Aid Society of Hamilton, dated September 17, 2013.
On August 20, 2013, the Hamilton Police Services charged the Member with assault contrary to Section 266 of the Criminal Code (Canada). On July 17, 2014, the Member entered into a one-year Peace Bond and the criminal charge was withdrawn. Attached hereto and marked as Exhibit “C” is a copy of the Certified Court Information dated August 20, 2013. Attached hereto and marked as Exhibit “D” is a copy of the Peace Bond dated July 17, 2014.
The Member was assigned to home duties by the Board on May 29, 2013. As of November 1, 2013, the Board changed the Member’s status to inactive without pay. Attached hereto and marked as Exhibit “E” is a copy of the Board’s letter to the Member dated November 12, 2013.
The Member’s status with the Board has remained inactive without pay since November 1, 2013.
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(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 allegation of professional misconduct outlined in paragraph (c) of the Notice of Hearing, namely that the Member contravened subsection 1(7.1) 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(15), 1(18) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1-12 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(15), 1(18) and 1(19).
Paragraphs 5, 9, and 10 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).
Paragraph 5 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 5 and 9 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 5 and 9 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 5 and 9 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 4), the parties jointly submit 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 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 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) within three months of the date of the Order of the Discipline Committee, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding anger management and appropriate classroom management, subject to the following conditions:
(i) the Member will provide to the course practitioner 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) following review of the documents noted at paragraph (i) above, the course practitioner 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 practitioner 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 practitioner which:
(i) confirms that the Member has successfully completed the course and reports 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 case presented by College Counsel: Ontario College of Teachers v. Alexander, 2006 LNONCTD 2 (“Alexander”).
The Committee is of the view that the decision to reprimand the Member will serve as both a specific deterrent to the Member and a general deterrent to the members of the profession.
The Committee is satisfied that the coursework ordered to be completed by the Member on anger management and appropriate classroom management will serve to remediate the Member and improve his practice.
The decision with regard to publication also serves to educate members and acts as a general deterrent to the profession. Publication with name ensures the transparency of the discipline process and serves as a specific deterrent by holding the Member accountable for his actions.
The Committee finds the penalty is appropriate given the following factors:
the Member demonstrated immediate awareness that his actions were inappropriate and took responsibility for his misconduct;
he immediately notified his principal of the incident;
he attempted to apologize to the student;
the received sanctions from Hamilton-Wentworth Catholic School Board, Catholic Children’s Aid Society of Hamilton, the Hamilton Police Services, and the Ontario Court of Justice; and,
the Member was remorseful.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: October 31, 2016
Ravi Vethamany, OCT
Chair, Discipline Panel
Tom Potter
Member, Discipline Panel
Irene Dembek, OCT
Member, Discipline Panel