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
George Stewart McIntosh
PANEL: Ravi Vethamany, OCT, Chair Jean-Luc Bernard, OCT Merzak Damou, OCT
BETWEEN: ) Zirka Jakibchuk, ) for Ontario College of Teachers
ONTARIO COLLEGE OF TEACHERS ) – and – )
GEORGE STEWART MCINTOSH ) George Stewart McIntosh, (CERTIFICATE #375889) ) Self-represented
) Robin McKechney, ) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: December 19, 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) November 30, 2016. George Stewart McIntosh (the “Member”) was self-represented and 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 against the Member set out in the Notice of Hearing in exchange for the Undertaking, Acknowledgment and Consent of George Stewart McIntosh, (the “Undertaking, Acknowledgment and Consent”), which provides as follows:
I, George Stewart McIntosh (the “Member”), hereby consent to the withdrawal by the Ontario College of Teachers of the allegations against me as set out in the Notice of Hearing dated November 30, 2016, before the Discipline Committee of the Ontario College of Teachers at the hearing of this matter, on a date to be scheduled, on the following terms, conditions or limitations:
- I undertake and consent to the Registrar of the Ontario College of Teachers (the “Registrar”) imposing the following terms, conditions or limitations on my Certificate of Qualification and Registration, and I acknowledge that the fact of such terms, conditions or limitations shall be recorded 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 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.
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.
I acknowledge that the Register will have a notation with respect to this Undertaking, Acknowledgement and Consent that places terms, conditions or limitations on my Certificate of Qualification and Registration.
I acknowledge and understand that disciplinary decisions are available on the Ontario College of Teachers’ 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, 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 against the Member set out in the Notice of Hearing in exchange for the Undertaking, Acknowledgment and Consent 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, Acknowledgment and Consent in these circumstances is reasonable and serves to protect the public interest.
Date: December 19, 2016
Ravi Vethamany, OCT Chair, Discipline Panel
Jean-Luc Bernard, OCT Member, Discipline Panel
Merzak Damou, OCT Member, Discipline Panel