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
Kafayat Adenike Ojoawo, a retired member of the Ontario College of Teachers.
PANEL: Tom Potter, Chair Sara Nouini, OCT Alexander (Sandy) Bass
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Janice Duggan, for Ontario College of Teachers
– and –
KAFAYAT ADENIKE OJOAWO (CERTIFICATE # 457463) The Member was unrepresented and did not attend
Robin McKechney, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: December 15, 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 July 13, 2015. Kafayat Adenike Ojoawo was not in attendance for the hearing of this motion.
UNDERTAKING AND ACKNOWLEDGMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct and incompetence against Ms. Ojoawo set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of Kafayat Adenike Ojoawo (the “Undertaking and Acknowledgment”), in which she agreed to the following terms and conditions:
I hereby resign as a member of the Ontario College of Teachers with immediate effect.
I undertake that I will not seek reinstatement of my Certificate of Qualification and Registration (“CQR”) unless I have first provided evidence satisfactory to the Registrar of the Ontario College of Teachers (“the Registrar”) of my successful completion of an Additional Qualification and/or Additional Basic Qualification course, at my own expense, which course has been approved in advance by the Registrar. I also undertake that I will provide to the Registrar a written certificate from the course practitioner stating that I have successfully completed the course.
If my CQR is reinstated:
(a) I undertake to advise the Registrar within 30 days of my return to any teaching duties of the date of such return, the name of my employer, and the nature of said employment;
(b) I undertake that upon the commencement of any teaching position, I shall take all reasonable steps to cause my employer to conduct a performance appraisal within the first two years of my employment, and I shall provide a copy of the next performance appraisal to the Registrar within 30 days of its completion. This term of the Undertaking, Acknowledgement and Consent will stay in force until I have received and provided to the Registrar a satisfactory performance appraisal. If my employer is unable or unwilling to conduct the performance appraisal, I shall immediately notify the Registrar in writing.
I understand that a breach of this Undertaking, Acknowledgment and Consent may constitute professional misconduct. If I breach this Undertaking, Acknowledgment and Consent, the Ontario College of Teachers will be at liberty to commence proceedings against me relating to the breach or to re-institute these proceedings.
I acknowledge and agree that my status on the Public Register of the Ontario College of Teachers (the “Register”) will be “Resigned-Cancelled” and that a notation will be made on the Register that I have undertaken not to teach unless and until my CQR is reinstated.
I acknowledge that there may be other amendments made to the Register, including to the Status; Terms, Conditions or Limitations; and Status History sections of my Registered Member Profile.
I acknowledge that I understand that disciplinary decisions are available on the Ontario College of Teachers’ website.
I acknowledge that I understand the scope, purpose and effect of this Undertaking, Acknowledgement and Consent and am executing same voluntarily, unequivocally, and without the advice of legal counsel.
DECISION
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against Ms. Ojoawo set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of Ms. Ojoawo 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. The Committee finds that the withdrawal of the Notice of Hearing in exchange for Ms. Ojoawo’s Undertaking and Acknowledgment in these circumstances is reasonable and serves to protect the public interest.
Date: December 15, 2016
Tom Potter Chair, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel
Alexander (Sandy) Bass Member, Discipline Panel