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
Timothy John Pella, a member of the Ontario College of Teachers.
PANEL: Marie-Claude Yaacov, Chair
Sara Nouini, OCT
Ravi Vethamany, OCT
BETWEEN: ) Ava Arbuck,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers, ) assisted by Annie Lacroix,
– and – ) Law Clerk
TIMOTHY JOHN PELLA )
(CERTIFICATE #483216) ) Timothy John Pella,
) Self-represented
) 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 September 22, 2011.
Timothy John Pella (the “Member”) was not in attendance and did not have legal representation at the hearing.
UNDERTAKING AND ACKNOWLEDGEMENT
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 and Acknowledgment of Timothy John Pella (the “Undertaking”), which provides as follows:
I, Timothy John Pella (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 September 22, 2011, 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 and conditions:
I am a member of the Ontario College of Teachers.
I 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, which shall be recorded on the Public Register of the Ontario College of Teachers until such time as they are fulfilled:
(a) Prior to the Member’s return to any teaching position in a public or private school in Ontario or any position which requires a certificate of Qualification and Registration, the Member shall enrol in and successfully complete, at his own expense and pre-approved by the Registrar, an Additional Qualification course or Additional Basic Qualification course;
(b) Within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written certificate from the course practitioner stating that the Member has successfully completed the course.
I undertake to advise the Registrar at least 30 days before my return to any teaching duties, of the date of my return, the name of my employer, and the nature of my employment.
I undertake that upon commencing employment in any teaching position in a public or private school in Ontario or in any position which requires a certificate of Qualification and Registration, I shall take all reasonable steps to cause my employer to conduct a performance appraisal in the first two years of said employment, and I shall provide a copy of the performance appraisal to the Registrar within 30 days of its completion. If my employer is unable or unwilling to conduct the performance appraisal, I shall immediately notify the Registrar in writing of this fact.
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, or to re-institute these proceedings.
I consent and acknowledge that the following notation will appear on the Register, in addition to the terms, conditions or limitations imposed by the Registrar, until such time as the terms, conditions or limitations have been fulfilled:
“On September 9, 2016, the Member entered into an Undertaking and Acknowledgment to the Ontario College of Teachers that places the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration.”
I acknowledge that all disciplinary decisions are available on the Ontario College of Teacher’s website.
I acknowledge and understand the scope, purpose and effect of this Undertaking and Acknowledgement and I am executing it 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 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 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
Member, Discipline Panel
Member, Discipline Panel