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
Ian Dwight Gray, a member of the Ontario College of Teachers.
PANEL: Shanlee Linton, OCT, Chair
Irene Dembek, OCT
Marie-Thérèse Hokayem
BETWEEN: ) Shane D’Souza
) McCarthy Tétrault LLP, ) for Ontario College of Teachers
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix, Law Clerk
– and – )
IAN DWIGHT GRAY ) Ian Dwight Gray,
(CERTIFICATE #418521) ) Self-represented
) Rebecca Durcan,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: October 12, 2017
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 12, 2017 at the Ontario College of Teachers (the “College”) at Toronto. A Notice of Hearing dated June 5, 2015 (Exhibit 1) was served on Ian Dwight Gray (the “Member”), requesting his presence on July 7, 2015 to set a date for hearing, and specifying the charges. The hearing was subsequently set for October 12, 2017.
The Member was not in attendance for the hearing and did not have 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 abused a student or students physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7) [pre-May 2008 amendments to the Regulation] and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;
(c) he abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7) [post-May 2008 amendments to the Regulation];
(d) he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(e) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(f) 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
(g) 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:
Ian Dwight Gray is 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 Toronto District School Board (the “Board”) as [XXX] [XXX] teacher in Toronto, Ontario.
In or around the 2006-2007 academic year, the Member was [XXX] teacher at the [XXX], a [XXX] and [XXX] school for children with [XXX][XXX]).
In or around January 2007, after receiving complaints from parents and staff, the principal and vice-principal of [XXX] investigated allegations that the Member had behaved inappropriately toward students and had made inappropriate comments to students.
The investigation concluded, and the Member agrees, that the Member engaged in inappropriate conduct and/or made inappropriate comments such as:
(a) Commenting to a male student that, based on his behaviour, the student was a candidate for jail. [XXX] at the time;
(b) Using his foot to make contact with a ball that a male student was seated on, causing the student to fall to the floor. When the student approached the Member with the ball, the Member raised his arms and verbally declared that he (the Member) would not be intimidated;
(c) Invading the personal space of and/or getting too physically close to a crying student in the hall.
Following the Board’s investigation, the Member received a two-day suspension without pay, and was reassigned to another school. Attached hereto and marked as Exhibits “B” and “C”, respectively, are a copy of the January 2007 report prepared by administrators at [XXX] and a copy of the February 13, 2007 letter of discipline to the Member from the Board. The Member agrees to the truth of the facts and opinions contained in these documents.
In or around the academic year 2007-2008, the Member began teaching at [XXX] School (the [XXX] School”).
In the period 2010 to 2013, the [XXX] School’s administrators received a number of complaints from parents regarding the Member’s conduct towards students, which were investigated. Attached hereto and marked as Exhibit “D” is a copy of the typewritten notes prepared by the principal summarising concerns from the academic year 2010-2011 to November 2013.
In the academic years 2010-2011 and 2011-2012, the Member engaged in inappropriate conduct and made inappropriate comments such as:
(a) Making comments to students related to alcohol and whiskey, including displaying a whiskey bottle and singing a song that references whiskey;
(b) Disclosing inappropriate personal information about his family members to students;
(c) Sharing with students his personal opinions about the benefits of psychiatric medication;
(d) Leaving red marks on a female [XXX] student after restraining her during a [XXX] class; and
(e) Telling students to “man up” and “put a cork in it”.
On or around September 4, 2013, the [XXX] School’s principal met with the Member to discuss goals for the school year and review previous concerns.
On or around September 13, 2013, the [XXX] School’s principal received complaints from parents regarding the Member’s conduct towards students. The Member was alleged to have engaged, and agrees that he did engage, in inappropriate conduct and/or made inappropriate comments which included:
(a) Discussing with students the chemical attacks in Syria;
(b) Sharing stories about his family that had spent time in jail;
(c) Asking a student to do ten push-ups because he was not listening;
(d) Raising his voice at students;
(e) Raising his guitar over his head and saying “I oughta!” when his students were not settling down; and
(f) Refusing to allow a student to use the washroom, resulting in the student urinating in his pants.
Following an investigation, the Member was disciplined by the Board. He was directed to attend classroom management workshops and to attend anger management counselling. Attached hereto and marked as Exhibit “E” is a copy of the October 2, 2013 letter of discipline to the Member from the principal.
The Member is currently retired from the teaching profession and has no intention of returning.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs above (the “Admitted Facts”).
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(7) (pre-May 2008 amendments), 1(7) (post-May 2008 amendments), 1(7.1), 1(7.2), 1(18) and 1(19).
By this document1 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 otherwise prove the case against him and the right to have a hearing;
(d) he understands that the Discipline Committee’s decision and reasons shall be published on the College’s website, and that a summary of the Discipline Committee’s decision and reasons, including his name, shall be published in the official publication of the College;
(e) he understands that any agreement between the parties with respect to the penalty proposed does not bind the Discipline Committee; and
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the opportunity to obtain 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 College Counsel, 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(7) (pre-May 2008 amendments), 1(7) (post-May 2008 amendments), 1(7.1), 1(7.2), 1(18) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1-13 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(7) (pre-May 2008 amendments), 1(7) (post-May 2008 amendments), 1(7.1), 1(7.2), 1(18) and 1(19).
Paragraphs 5, 6, 9 and 11 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 5, 6, 9 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7) (pre-May 2008 amendments) and/or engaged in sexual abuse of a student or students defined in section 1 of the Act.
Paragraphs 5, 6, 9 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7) (post-May 2008 amendments).
Paragraphs 5 and 9 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1).
Paragraphs 5, 6, 9 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).
Paragraphs 5, 6, 9 and 11 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 5, 6, 9 and 11 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 4), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:
direct that, prior to commencing a teaching position or any position for which a Certificate of Qualification and Registration is required (a “Teaching Position”), the Member appear before the Committee to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor St. West, 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 suspend the Certificate of Qualification and Registration of the Member for a period of six months commencing on the date of the Order of the Discipline Committee relating to this matter and the fact of the suspension is to be recorded on 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) prior to commencing a teaching position or any position for which a Certificate of Qualification and Registration is required (a “Teaching Position”), the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding appropriate boundaries and anger management, subject to the following conditions:
(i) the Member will provide to a course provider 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 and Reasons of the Discipline Committee;
(ii) following 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 provider 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 courses outlined in (a) above, the Member shall provide to the Registrar a written report from the course provider:
(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.
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 accepts the penalty jointly proposed by the parties. The Committee recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Committee’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of the discipline process into disrepute or be otherwise contrary to the public interest. 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. Manga, 2017 ONOCT 48, Ontario College of Teachers v. Hyde, 2016 ONOCT 25 and Ontario College of Teachers v. Foster, 2013 ONOCT 23.
The Committee finds that the Member’s repeated pattern of unprofessional conduct despite having received warnings from school administration and discipline from the Board, warrants a reprimand by his peers. The Member engaged in inappropriate conduct and made inappropriate comments multiple times over the academic years of 2007, 2010-2011, 2011-2012, and 2013. 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 six month suspension is appropriate in this case given the nature and severity of the Member’s misconduct. Amongst other instances of inappropriate conduct, the Member: used his foot to make contact with a ball that a student was seated on, causing the student to fall to the floor; commented to a student that, based on his behaviour, the student was a candidate for incarceration; left marks on a [XXX] student after restraining her during [XXX] class; and refused to allow a student to use the washroom, resulting in the student urinating in his pants. The suspension will serve as a specific deterrent to the Member, as well as a general deterrent to other members of the profession. Members of the teaching profession are expected to maintain respectful teacher/student boundaries and to serve as positive role models for students. Members face serious consequences when they fail to respect their professional obligations.
The Committee finds that the course of instruction regarding appropriate boundaries and anger management 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 any future interactions with students, should he return to a Teaching Position.
Publication of this decision with the Member’s name is now mandatory in accordance with subsection 45.1 of the Act. Accordingly, the Committee’s decision and reasons will be published with the Member’s name on the College’s website and a summary will be published with the Member’s name in the official publication of the College, Professionally Speaking/Pour parler profession.
The Committee is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: October 12, 2017
Shanlee Linton, OCT, Chair
Member, Discipline Panel
______________________________ Irene Dembek, OCT
Member, Discipline Panel
Marie-Thérèse Hokayem
Member, Discipline Panel