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
Evan Law, OCT, a member of the Ontario College of Teachers.
PANEL: Tom Potter, Chair Wes Vickers, OCT Marie-Claude Yaacov
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Duane Crocker, Law Clerk
– and –
EVAN LAW (CERTIFICATE #517026) Karen Ensslen, Ursel Phillips Fellows Hopkinson LLP, for Evan Law
Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: July 8, 2016
ORAL DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on July 8, 2016 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated August 28, 2013 (Exhibit 1) was served on Evan Law (the “Member”), requesting his presence on September 24, 2013 to set a date for hearing, and specifying the charges. The hearing was subsequently set for July 8, 2016.
The Member was in attendance for the hearing and had legal representation.
DECISION
The Committee granted the request by College Counsel that the allegations of professional misconduct in paragraph (b) of the Notice of Hearing, namely that the Member abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7), and in paragraph (c) of the Notice of Hearing, namely that the Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2), be withdrawn.
The Committee also granted the request by College Counsel that the allegations of professional misconduct in paragraph (e) of the Notice of Hearing, namely that the Member committed acts, having regard to all the circumstances, would reasonably be regarded by the member as disgraceful and dishonourable, contrary to Ontario Regulation 437/97, subsection 1(18), be withdrawn.
Having considered the Agreed Statement of Facts and Guilty Plea, 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(5), 1(15), 1(18) [unprofessional] and 1(19).
PENALTY DECISION
The Committee makes the following order as to penalty:
The Member shall appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
The Registrar of the Ontario College of Teachers (the “Registrar”) is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions, or limitations to be recorded on the Register until such time as they are fulfilled:
(a) within 90 days of the date of the Order of the Discipline Committee, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding professional boundaries with students, subject to the following conditions;
(i) the Member will provide to a course practitioner approved by the Registrar, a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Order of the Discipline Committee;
(ii) upon review of the documents noted at paragraph (i) above, the course provider will provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course practitioner shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member;
(b) within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner:
(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.
- 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.
Date: July 14, 2016
Tom Potter Chair, Discipline Panel
Wes Vickers, OCT Member, Discipline Panel
Marie-Claude Yaacov Member, Discipline Panel