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
Kelvin Robert Winchester, a member of the Ontario College of Teachers.
PANEL: Tom Potter, Chair
Sara Nouini, OCT
Alexander (Sandy) Bass
BETWEEN: )
) Janice Duggan,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers )
– and – )
Kelvin Robert Winchester )
(CERTIFICATE # 486041) ) Karen Ensslen, ) Ursel Phillips Fellows Hopkinson
) LLP, for the Member
) 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 May 9, 2015. Kelvin Robert Winchester was not in attendance for the hearing of this motion. He was represented by counsel but she was not present.
UNDERTAKING AND ACKNOWLEDGMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct and incompetence against the Member set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of Kelvin Robert Winchester (the “Undertaking and Acknowledgment”), in which he agreed to the following terms and conditions:
- The Registrar of the Ontario College of Teachers (the “Registrar”) shall impose the following terms, conditions or limitations on my Certificate of Qualification and Registration, and shall record the fact of such terms, conditions or limitations on the Public Register of the Ontario College of Teachers (the “Register”) until such time as they are fulfilled:
a. prior to my return to any teaching position in a public or private school in Ontario or any position which requires a Certificate of Qualification and Registration, I shall enrol in and successfully complete, at my own expense, an Additional Qualification course or Additional Basic Qualification course, pre-approved by the Registrar;
b. within 30 days of my completion of the course outlined in “a” above, I shall provide to the Registrar a written certificate from the course practitioner stating that I have successfully completed the course;
c. I shall advise the Registrar at least 30 days after my name is added to an occasional teachers list(s), the name of the Board(s) where I will be on an occasional teacher list(s), and the nature of my employment, and will ensure that the requirements at “a” and “b” above have been complied with; and
I shall provide a copy of my next performance appraisal to the Registrar within 30 days of its completion.
I understand that a breach of this Undertaking and Acknowledgment may constitute professional misconduct. If I breach this Undertaking and Acknowledgment, the Ontario College of Teachers will be at liberty to commence proceedings against me relating to the breach.
I acknowledge that the Register will have the following notation:
“On November 3, 2016, the Member entered into an Undertaking and Acknowledgement that placed terms, conditions or limitations on the Member’s Certificate of Qualification and Registration. All disciplinary decisions are available on the College website.”
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 the scope, purpose and effect 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 and incompetence against the Member set out in the Notice of Hearing in exchange for the Undertaking and Acknowledgment of the Member 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 the Member’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