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
Steven Michael Kastner, OCT, a member of the Ontario College of Teachers.
PANEL: Ravi Vethamany, OCT, Chair
Jean-Luc Bernard, OCT
Merzak Damou, OCT
BETWEEN: )
) Zirka Jakibchuk,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers
– and – )
STEVEN MICHAEL KASTNER ) Patricia D'Heureux,
(CERTIFICATE # 459836) ) Cavalluzzo Shilton McIntyre
) Cornish LLP,
) for Steven Michael Kastner
) Robin McKechney,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: December 19, 2016
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on December 19, 2016 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated July 6, 2016 (Exhibit 1) was served on Steven Michael Kastner (the “Member”), requesting his presence on July 20, 2016 to set a date for hearing, and specifying the charges. The hearing was subsequently set for December 19, 2016.
The Member was in attendance for the hearing and had legal representation.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing are as follows:
IT IS ALLEGED that the Member is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (the “Act”) in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
(c) he committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and
(d) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
AGREED STATEMENT OF FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:
Steven Michael Kastner is and was at all material times a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the York Region District School Board (the “Board”) as a Grade 3/4 teacher at Milliken Mills Public School (the “School”) in Markham, Ontario.
During the 2014/2015 academic year, the Member removed two textbooks from the School and attempted to sell them.
During the same academic year, the Member also removed shin pads from the School and sold them for personal gain.
On or about April 30, 2015, the Member removed a wallet from a purse in the School’s staffroom. On this occasion, the Member did not take any money from the wallet and left it in the staffroom.
On May 1, 2015, the Member removed a wallet from a purse in the School’s staffroom, removed money from the wallet and replaced the wallet in the purse.
When confronted regarding this conduct, the Member took responsibility for his actions and subsequently took steps to address the related personal and professional issues.
The Member resigned from his employment with the Board effective September 8, 2015. Attached hereto and marked as Exhibit “B” is a copy of the Member’s resignation.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1-8 above (the “Admitted Facts”). The Member's admissions made herein are for the purposes of this proceeding only and are not to be referred to or relied upon for any other purpose or in any other proceeding.
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he understands that depending on the penalty ordered by the Discipline Committee, the decision of the Committee and a summary of its reasons, including reference to his name, may be published in the official publication of the College;
(e) he understands that any agreement between the parties with respect to the penalty proposed in this document does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.
- In light of the Admitted Facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, 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) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 8 of the Agreed Statement of Facts and Guilty Plea and pleaded guilty to the allegations of professional misconduct against him. He acknowledged and the Committee accepts that the Admitted Facts constitute conduct which is professional misconduct, contrary to Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).
Paragraphs 3 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5).
Paragraphs 3 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15).
Paragraphs 3 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18).
Paragraphs 3 to 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty (Exhibit 3), the parties jointly submitted that the appropriate penalty to be imposed by the Committee in this matter would be that the Committee:
direct that the Member 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”).
direct the Registrar 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 Decision, Reasons for Decision and Order of this Committee, the Member shall enrol in and successfully complete at his own expense, a course of instruction, pre-approved by the Registrar, regarding ethics;
(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 provider stating that:
(i) he or she has reviewed 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; and
(ii) the Member has successfully completed the course.
PENALTY DECISION
The Committee accepts the Joint Submission on Penalty presented by the parties and makes an order in accordance with its terms, as set out above.
REASONS FOR PENALTY DECISION
The Committee finds that the penalty jointly proposed by the parties is not so unreasonable that accepting it would bring the administration of justice or the discipline process into disrepute. The Committee finds that the penalty proposed in the Joint Submission on Penalty is proportionate to the misconduct committed by the Member and is reasonable given the circumstances of this case.
The penalty proposed by the parties is also within a reasonable range, based on the following analogous cases presented by College Counsel: Ontario College of Teachers v. Patterson, 2014 ONOCT 81; Ontario College of Teachers v. McEwen, 2014 ONOCT 66; and Ontario College of Teachers v. Scolaro, 2014 ONOCT 96.
The Committee finds that the Member’s repeated pattern of inappropriate and unethical conduct, warrants a reprimand by his peers. The reprimand will allow the Committee to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.
The Committee finds that the course of instruction regarding ethics will assist in the rehabilitation of the Member. The coursework will remind the Member of his obligations as a teacher and will help him to make better decisions in the future.
The Committee accepts the submissions of College Counsel with respect to mandatory publication and recognizes that it no longer has the discretion to order publication with or without name. In accordance with the recent amendments to the Act (and subsection 45.1 in particular), a summary of the Committee’s decision and reasons shall be published with the Member’s name on the College’s website and in the official publication of the College, Professionally Speaking/Pour parler profession.
Publication with the name of the Member identifies to the profession the nature of the Member’s misconduct and the consequences of such behaviour. It acts as a specific deterrent to the Member as it holds him accountable for his actions. It also serves as a general deterrent by reminding the profession that such behaviour is not tolerated. Moreover, publishing the Member’s name ensures the transparency of the discipline process and reassures the public that the College acts decisively and does not shield its members when matters of this nature are brought to its attention.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: January 4, 2017
Ravi Vethamany, OCT
Chair, Discipline Panel
______________________________ Jean-Luc Bernard, OCT
Member, Discipline Panel
Merzak Damou, OCT
Member, Discipline Panel