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
Joseph Anthony Graziano
PANEL: Thomas Potter, Chair
Wes Vickers, OCT
Marie-Claude Yaacov
BETWEEN: ) Ava Arbuck,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers, ) assisted by Daniela De Bartolo,
– and – ) Law Clerk
JOSEPH ANTHONY GRAZIANO )
(CERTIFICATE #274327) ) Joseph Anthony Graziano
) Not present and not represented
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: July 7, 2016
ORAL DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on July 7, 2016 at the Ontario College of Teachers (the “College”) at Toronto. Joseph Anthony Graziano was not in attendance for the hearing and did not have legal representation.
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 Mr. Graziano committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(16), 1 (17), 1(18) and 1(19) and that he engaged in sexual abuse of a student as defined in sections 1 and 40(1.1) of the Ontario College of Teachers Act, 1996.
PENALTY DECISION
The Committee makes the following order as to penalty:
In accordance with the Ontario College of Teachers Act, 1996 subsection 14(5), “A person whose certificate of qualification and registration is revoked or cancelled continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person held a certificate of qualification and registration under this Act”. Given the findings of professional misconduct in the current matter, the Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of Joseph Anthony Graziano.
There shall be publication of the findings and Order of the Committee, in summary form in the official publication of the College Professionally Speaking/Pour parler profession, with Mr. Graziano’s name.
Date: July 12, 2016
Tom Potter
Chair, Discipline Panel
______________________________ Wes Vickers, OCT
Member, Discipline Panel
Marie-Claude Yaacov
Member, Discipline Panel