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 Kenneth Gavin Bernard Williamson, a member of the Ontario College of Teachers.
PANEL: Ravi Vethamany, OCT, Chair Jean-Luc Bernard, OCT Pauline Smart OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Andrew Matheson, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela De Bartolo, Law Clerk
– and –
Kenneth Gavin Bernard Williamson (CERTIFICATE # 150105) Kenneth Gavin Bernard Williamson was not present nor represented
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: December 5, 2016
ORAL DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on December 5, 2016 at the Ontario College of Teachers (the “College”) at Toronto.
The Member was not in attendance for the hearing and did not have legal representation.
DECISION
Having considered the evidence of the witness for the College, the documentary evidence, and the submissions of College Counsel, 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(16), 1(17), 1(18), 1(19), subsection 229(1)(c) of the Education Act, 1974 and subsection 235(1)(c) of the Education Act, R.S.O. 1980, c. 129 (as described in s. 1(15) of Ontario Regulation 437/97).
The Committee also finds that the facts would support a finding under s. 13 of the Regulation (the “TPA Regulation”) made under the Teaching Profession Act, made pursuant to Section 12 of the Teaching Profession Act, R.S.O. 1970, c. 456, but this is not defined as an act of professional misconduct in Ontario Regulation 437/97.
DECISION ON PENALTY
The Committee makes the following order as to penalty:
The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar; and
There shall be publication of the findings 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.
The Committee imposes a fine in the amount of $5,000, to be paid by the Member to the Minister of Finance for payment into the Consolidated Revenue Fund (to be sent to the College for submission to the Minister of Finance), to be paid within three months of the order becoming final.
The Committee imposes costs in the amount $10,839, to be paid to the College within three months of the order becoming final.
Date: December 5, 2016
Ravi Vethamany, OCT Chair, Discipline Panel
Jean-Luc Bernard, OCT Member, Discipline Panel
Pauline Smart Member, Discipline Panel