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
David Christopher Jarrell
PANEL: Marie-Claude Yaacov, Chair Sara Nouini, OCT Ravi Vethamany, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk
– and –
DAVID CHRISTOPHER JARRELL (CERTIFICATE #458697) Jerry Raso, Ontario English Catholic Teachers' Association, for David Christopher Jarrell
Robin McKechney, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: September 20, 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 June 11, 2014.
David Christopher Jarrell ("Mr. Jarrell") was not in attendance and his counsel did not attend the hearing of the motion.
SUBMISSIONS OF COLLEGE COUNSEL
College Counsel advised the Committee that Mr. Jarrell has resigned from his school board and from the Ontario College of Teachers and he has undertaken never to re-apply for membership with the College. Mr. Jarrell's status on the Public Register of the Ontario College of Teachers is recorded as "Cancelled-Resigned".
According to College Counsel, Mr. Jarrell had been charged criminally with sexual exploitation and assault; however, the charges were withdrawn, as the criminal prosecutor determined that it was no longer in the public interest to pursue the charges. College Counsel further submitted that the complainant in the criminal proceedings, who would also be the complainant in the disciplinary hearing, had difficulty recalling the events at issue. Accordingly, College Counsel took the position that the withdrawal of the allegations of professional misconduct was appropriate under the circumstances.
UNDERTAKING AND ACKNOWLEDGEMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against Mr. Jarrell set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of David Christopher Jarrell (the "Undertaking"), which provides as follows:
I [David Christopher Jarrell] acknowledge that I have resigned as a member of the Ontario College of Teachers, effective October 31, 2013.
I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.
I undertake that I will never work in any public or private school in Ontario or in any position which requires membership in the Ontario College of Teachers.
I understand that a breach of this Undertaking and Acknowledgment may constitute professional misconduct. I also understand that should I breach this Undertaking and Acknowledgment, the Ontario College of Teachers will be at liberty to re-institute these proceedings.
I acknowledge that my status on the Public Register of the Ontario College of Teachers is "Cancelled-Resigned", and that the following notation will be placed on the Public Register:
"The Member has resigned his membership with the Ontario College of Teachers and has undertaken never to seek reinstatement of his Certificate of Qualification and Registration."
I acknowledge that all disciplinary decisions are available on the College website.
I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.
DECISION
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Mr. Jarrell set out in the Notice of Hearing in exchange for the Undertaking of Mr. Jarrell 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 Mr. Jarrell's Undertaking to resign and never seek reinstatement with the College, as well as his Undertaking never to work in a school in Ontario, will ensure that the standards of the profession are upheld and that public safety is promoted. The Committee finds that the withdrawal of the Notice of Hearing in exchange for Mr. Jarrell's Undertaking in these circumstances is reasonable and serves to protect the public interest.
Date: September 20, 2016
Marie-Claude Yaacov Chair, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel
Ravi Vethamany, OCT Member, Discipline Panel