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 Christopher Michael Spence, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair Sara Nouini, OCT Vicki Shannon, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Caroline Zayid, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Law Clerk
-and-
CHRISTOPHER MICHAEL SPENCE (CERTIFICATE # 184667) Christopher Michael Spence, self-represented
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: October 21, 2016
DECISION ON FINDING
This matter came on for hearing before a panel of the Discipline Committee (the "Committee") on October 21, 2016 at the Ontario College of Teachers (the "College") at Toronto.
The Member was self-represented and did not attend the hearing. Prior to the hearing, the Member requested that the matter be adjourned through his correspondence with Counsel for the College. The College opposed the request.
The Committee denied the request for adjournment, with written reasons to follow.
As the Member was not present, a plea of not guilty was entered on his behalf.
DECISION
Onus and Standard of Proof
The College bears the burden of proving the allegations in accordance with the standard of proof set out in F.H. v. McDougall, 2008 SCC 53, which is proof on a balance of probabilities.
Decision
Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that Christopher Michael Spence committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(12), 1(15), 1(18) and 1(19).
Written reasons for this decision will follow.
PENALTY
The Committee will schedule a subsequent date on which to hear submissions with respect to penalty.
Date: November 11, 2016
Robert Gagné, Chair, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel
Vicki Shannon, OCT Member, Discipline Panel