DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Spence, 2017 ONOCT 11

Date: 2017-02-23

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 Christopher Michael Spence, a retired member of the Ontario College of Teachers.

PANEL: Robert Gagné, Chair

Sara Nouini, OCT

Vicki Shannon, OCT

BETWEEN: ) Caroline Zayid,

) McCarthy Tétrault LLP, ) for Ontario College of Teachers,

ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela Spano,

) Law Clerk

– and – )

CHRISTOPHER MICHAEL SPENCE ) Christopher Michael Spence,

(CERTIFICATE #184667) ) self-represented but not present ) during the hearing;

) Warren Kinsella and Lisa

) Kinsella of the Daisy Group

) appeared on behalf of ) Mr. Spence at the penalty phase

) Julie Maciura,

) Steinecke Maciura LeBlanc, ) Independent Legal Counsel

) ) Heard: October 21 and 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 October 21 and continued on December 19, 2016 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing (Exhibit 1) dated April 8, 2015, was served on Christopher Michael Spence (the “Member”) requesting his presence on April 29, 2015 to set a date for hearing, and specifying the charges.

In correspondence to College Counsel, the Member stated he was unable to participate in the hearing on October 21, 2016 for health reasons; therefore, the issue of whether a second adjournment¹ should be granted was addressed on October 21, 2016. College Counsel submitted a medical report upon which the Member was relying. The Committee found that it did not provide sufficient grounds to support a further adjournment, and the request was denied. Mr. Spence was self-represented, but not present for the hearing (October 21, 2016), nor for the penalty phase (December 19, 2016). When the hearing reconvened for the purpose of penalty, a written statement from the Member was read by Warren Kinsella of the Daisy Group, appearing on behalf of the Member.

SUMMARY

The allegations in this matter concern works presented by the Member as his own – newspaper articles, blog entries, books, and a speech – which allegedly contained plagiarized material. For the reasons set out below, the Committee finds that the Member committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(12), 1(15), 1(18) and 1(19).

As a result of these findings of professional misconduct, the Committee directs the Registrar of the Ontario College of Teachers to immediately revoke the Certificate of Qualification and Registration of the Member. As well, as per the amendments to the Ontario College of Teachers Act, 1996 (the “Act”) regarding mandatory publication that came into force on December 5, 2016, there will be publication of the findings and Order of the Committee in summary form with the Member’s name in the official publication of the College, Professionally Speaking/Pour parler profession.

THE ALLEGATIONS

IT IS ALLEGED that Christopher Michael Spence is guilty of professional misconduct as defined in subsection 30(2) of 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 signed or issued, in his professional capacity, a document that he knew or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);

(c) 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);

(d) 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

(e) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).

PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS

1. Christopher Michael Spence is a member of the Ontario College of Teachers.

2. The Member was employed by the Toronto District School Board (the “Board”) as the Director of Education.

3. Between the approximate dates of May 2010 to January 2013, the Member wrote articles and/or opinion pieces for the Toronto Star newspaper which contained plagiarized material.

4. On or about September 1, 2010 and in or around March 2012, the Member delivered speeches which contained plagiarized material.

5. Between the approximate dates of September 2010 to October 2011, the Member posted blog entries which contained plagiarized material.

6. In or around 2002, 2008 and 2009, the Member authored books which contained plagiarized material.

7. The Member resigned his employment with the Board on or about January 10, 2013.

PRELIMINARY ISSUE

Consideration of a second adjournment

On August 24, 2016, the discipline hearing into the Member’s conduct was set to proceed. The Member was self-represented. On that date, the Committee granted an adjournment, requested by the Member, on the basis that the Member was unable to participate in the disciplinary proceeding based on medical reasons. The Committee granted the adjournment on the following conditions:

1. By October 14, 2016, the Member shall provide to the Ontario College of Teachers the medical assessment report, authored by the physician with whom the Member has an appointment scheduled for September 13, 2016.

2. By October 14, 2016, the Member shall provide to the Ontario College of Teachers a signed consent allowing the physician to communicate with the Ontario College of Teachers.

3. By no later than October 31, 2016, the Committee shall reconvene to proceed with this matter.

A copy of the reasons for decision on this motion for adjournment is attached at Appendix A.

On August 29, 2016, the College wrote to advise the Member that his request for an adjournment had been granted and to advise him that the hearing was scheduled to proceed on October 21, 2016. At that time, the Member was provided with the Committee’s decision with respect to the adjournment.

On October 14, 2016, the Member provided the College with his medical assessment, and communicated that he was “unable to participate in these proceedings”, which the Committee, at the hearing on October 21, 2016, interpreted as a request for an adjournment by the Member. The College inquired into the Member’s working status and found that, based on a web search, the Member was employed as of October 20, 2016 in Chicago (see the Affidavit of Daniela Spano, sworn October 20, 2016, Exhibit 3). The College opposed a request for a further adjournment.

The College provided to the Committee a letter dated October 20, 2016, which the Member had written to the College and which stated that his doctor had advised him not to participate in any disciplinary proceedings. However, the medical report provided by the Member to the College on October 14, 2016 did not support that claim. The Member did not attend the hearing on October 21, 2016.

Submission of College Counsel with respect to the adjournment

College Counsel argued that the adjournment request should be denied on the basis that the medical report did not state that the Member was unable to participate in disciplinary proceedings, and, in fact, the medical report indicated that he was currently employed in the United States (which was consistent with the College’s own inquiries). The College submitted that it was appropriate to proceed on the basis that the Member had not provided sufficient evidence to support a further adjournment.

Decision on adjournment

The Committee carefully considered the material provided by the Member as well as the submissions of Counsel for the College. Pursuant to Section 21 of the Statutory Powers Procedure Act (“SPPA”) and pursuant to Rule 14 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), the Committee has the discretion to adjourn a hearing. Furthermore, pursuant to sub-rule 14.01(2) of the Rules and in accordance with section 21 of the SPPA, the Committee may consider one or more of the following factors when deciding whether or not to grant an adjournment:

1. The sufficiency of the reasons advanced for the request to adjourn – Although the Member stated that he was unable to participate in the hearing, the Committee finds that there was no evidence in the medical report (September 13, 2016) that stated the Member was unable to participate in the proceedings because of medical issues. The medical report did, however, indicate that the Member was currently employed full-time with a social service organization, a factor which the Committee considers to be inconsistent with a claim that the Member was unable to attend the hearing. The Committee is of the view that there is insufficient support for an adjournment based on medical issues.

2. The timeliness of the request – The Member indicated he was “unable to participate in these proceedings”, which was deemed to be a request for a second adjournment. This communication was received only one week before the date scheduled for the hearing. No earlier request was made to the Committee.

3. The resources of the Committee, including scheduling related issues – On August 24, 2016, the Committee had previously ordered the hearing to be held no later than October 31, 2016, and the College received the medical report from the Member on October 14, 2016. The Committee was prepared to proceed with the hearing on October 21, 2016 as scheduled, and was informed by College Counsel that the Member had been informed of this fact when requesting confirmation of his presence at the hearing.

4. Any prejudice to the parties – The College had scheduled two witnesses to appear on October 21, 2016 (who were present) and had prepared its case for that date; a delay would have prejudiced the College and required further cost to reschedule.

5. Whether any adjournments had been granted previously – As noted above, and as evidenced in Appendix A, the Committee granted the Member’s previous adjournment (on August 24, 2016), and required the matter to proceed by October 31, 2016. The medical report from the Member’s September 13, 2016 appointment did not support a further adjournment. The Committee put conditions into place so there would be no delay in hearing this matter.

6. The consent of the parties – The College did not consent to an additional adjournment.

7. Any other relevant factor – The lengthy process of trying to secure a hearing date with the Member was noted as a significant factor in consideration of a second adjournment for the Member, as the College had clearly attempted to move the matter forward. The timeline from the preparation of the Notice of Hearing on April 13, 2015 to the first hearing date of August 24, 2016 is outlined in Appendix B. The Committee further notes that resolving the matter in an expedient fashion was a request expressed by the Member in his email of April 15, 2016, in which he stated “I desperately want this to be resolved, as I find it unbearably stressful.”

For all the above reasons, the Committee denies the Member’s request for an adjournment. The adjournment is not supported by the evidence presented by the Member. Further, it would unduly prejudice the College, and would not be in keeping with the public’s interest in having the Member’s disciplinary hearing adjudicated in a timely fashion.

MEMBER’S PLEA

As the Member was self-represented and not in attendance at the commencement of the hearing, the Committee proceeded on the basis that the Member pled ‘not guilty’ to the allegations set out in the Notice of Hearing.

THE EVIDENCE

The College called two witnesses in the hearing:

Adelia Da Silva

Ms. Da Silva is an investigator for the College, and has been working in this role since 2003. The Committee found Ms. Da Silva to give her evidence in a detailed manner. She presented a comprehensive list of the sources she had investigated for the case, and had been thorough in her research.

Ms. Da Silva testified that she began her investigation into the allegations against the Member after the College received a notification letter from the Board indicating that there were articles in the media alleging that the Member had engaged in plagiarism. Ms. Da Silva gave evidence that she started her investigation by looking into four Toronto Star articles written by the Member (January 5, 2013; December 16, 2012; July 23, 2012; and May 5, 2010) which allegedly contained plagiarized material. She indicated that she had obtained copies of those four original newspaper articles, and had searched the Internet for the original sources of the allegedly plagiarized material. Ms. Da Silva explained that she had been able to locate original sources, dated prior to the Member’s work, through her research.

In her testimony, Ms. Da Silva took the Committee through 14 items, including media articles, blog entries, professional books, and a TEDx speech, all alleged to having been written by the Member over a period of approximately 11 years. Ms. Da Silva investigated each one in order to ascertain whether these works contained plagiarized material (Exhibit 6). She provided the Committee with excerpts or full copies of the above-mentioned works published or used in a talk by the Member, and the corresponding sources (22 in total) from which he had allegedly plagiarized material (see Appendix C). The Committee found that Ms. Da Silva limited her testimony to facts and she refrained from giving commentary or opinion about what she had discovered. The Committee found her to be a credible witness.

Ryan Bird

Mr. Bird began working as a Communications Officer at the Board in January 2012, dealing with media relations. The Committee found that Mr. Bird gave his testimony in a straightforward manner and had good recall of the events.

Mr. Bird testified that he worked with the Member in the Member’s capacity as Director of Education, and that Mr. Bird’s role as Communications Officer included issues management, as well as providing communication services and advice to the Director’s Office. Mr. Bird also provided editorial and administrative support to the Member when the Member was writing for publication, such as his articles for The Star. Mr. Bird gave evidence that he would edit the Member’s pieces for grammar or flow, through a back-and-forth email process with the Member, but he noted that the Member would provide him with the first draft of each article (Exhibit 18). Mr. Bird testified that he never reviewed sources upon which the Member may have relied when writing articles, as no sources were ever mentioned by the Member, and Mr. Bird did not have reason to ask the Member about sources, as the Member was, in Mr. Bird’s view, a published author, had a doctorate, and was the Director of Education.

Mr. Bird gave evidence that he received a phone call and an email from the Public Editor at The Star, Ms. K. E., on January 8, 2013, alerting him to the fact that the newspaper had been notified by a reader that large sections of the Member’s op-ed piece, “Without school sports, everyone loses,” was plagiarized (Exhibit 18, Tab 28-29). Mr. Bird spoke with his manager and with the head of the Communications department, and the allegation was then discussed with the Member. Mr. Bird testified that the head of Communications advised the Member that the issue was beyond the purview of the Board, and that it was recommended the Member seek outside counsel. Mr. Bird explained that the next day, January 9, 2013, the Member posted a statement on the Board’s website taking responsibility for not having given proper credit for the work of others in the op-ed piece and apologizing for his actions. When asked by College Counsel if the Member remained as the Director, Mr. Bird responded that other examples of alleged plagiarism were brought forward and the Member resigned on January 10, 2013.

SUBMISSIONS BY THE COLLEGE WITH RESPECT TO FINDING

The College argued that there was clear and convincing evidence that the Member plagiarized material in all 14 examples of his writing which were presented at the hearing. The College further argued that the Member’s conduct violated the standards of the profession as established by The Ethical Standards for the Teaching Profession and The Standards of Practice for the Teaching Profession, entered into evidence (Exhibit 19). The College stated that the Member committed a breach of trust by issuing, in his professional capacity, documents that he knew or ought to have known contained misleading statements, in the form of plagiarized passages. The College further argued that through his actions, which were repeated and occurred over a lengthy period of time, the Member failed to comply with the Education Act, and engaged in conduct which was disgraceful, dishonorable, unprofessional, and unbecoming a member.

DECISION ON FINDING

Onus and Standard of Proof

The College bears the burden of proving the allegations in accordance with the standard of proof set out in F.H. v. McDougall, 2008 SCC 53, which is proof on a balance of probabilities.

Decision

Having considered the evidence, onus and standard of proof, and the submissions made by 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(12), 1(15), 1(18) and 1(19).

REASONS FOR DECISION

Factual findings

The chart contained in Appendix C to this decision outlines the specific examples presented by Ms. Da Silva, and relied upon by the Committee. The Committee finds that all 14 of the Member’s publications reviewed by Ms. Da Silva in her evidence were presented to the public as being authored by the Member without attribution to any other authors or sources, and yet they contained plagiarized material.

Legal conclusions regarding the allegations of professional misconduct

The Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5)

The Committee finds that the Member failed to maintain the standards of the profession. The Committee recognizes that expert evidence is generally required to inform a Committee about the standards of the profession. However, in this case, the Member’s repeated and extensive plagiarism was a clear example of conduct that is so unacceptable that it is self-evidently misconduct.

In addition, the Committee finds that the standards of the profession applicable to this case are articulated in two documents: The Ethical Standards for the Teaching Profession and The Standards of Practice for the Teaching Profession (Exhibit 19).

The Ethical Standards for the Teaching Profession require a teacher to act with trust and integrity:

Trust: The ethical standard of Trust embodies fairness, openness and honesty. Members’ professional relationships with students, colleagues, parents, guardians and the public are based on trust.

Integrity: Honesty, reliability, and moral action are embodied in the ethical standard of Integrity. Continual reflection assists members in exercising integrity in their professional commitments and responsibilities.

As well, the Standards of Practice for the Teaching Profession require members to “recognize their shared responsibilities and leadership roles in facilitating student success. Members maintain and uphold the principles of the ethical standards in these learning communities.”

The Member breached these standards by plagiarizing work that was not his own without attributing credit to the original authors. This occurred repeatedly, over an approximately 11-year period, and across many forms of communication with the public, students, staff and parents. The Member chose over and over to supplement his writing with the work of others without recognizing their authorship or expertise. The Member breached the trust of the members of the education community, and his actions tarnished the reputation of the teaching profession. The Member presented himself to be the author of a multitude of works which included material that was not his own, misrepresenting the work he put into them, and the originality of his thought. This repeated pattern of dishonesty is directly in contradiction with the trustworthiness and integrity the Member was required to show as a member of the profession.

The Member’s violation of the ethical standards of honesty and integrity was especially serious given the increased visibility and influence of his writing in his leadership role as Director of Education at the Board, which carries with it significant responsibility, authority and prestige. The Committee is of the view that students, staff and the public at large would be entitled to expect that the Member would act with integrity at all times. As remarked by Mr. Bird, a colleague of the Member, it was expected that the Member would provide him with accurate and honest writing. Mr. Bird stated “I never asked about his sources, I never asked about where the information came from. He has a doctorate; he was the Director… it was not my place to challenge him.” The Member breached the standards of the profession by violating the trust placed in him by students, staff and the public.

The Member signed or issued, in his professional capacity, a document that he knew or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12)

Overwhelming evidence to support this allegation was presented by Ms. Da Silva. The evidence presented at the hearing clearly demonstrated that the Member’s writings contained plagiarized material without any attribution. The Member published his works in his professional capacity as an educator, principal, superintendent and/or a director. His articles, blog posts, books and TEDx speech were misleading insofar as they presented content as solely the Member’s personal thoughts and ideas, but which, in fact, included the work of other authors without attribution.

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)

Section 264(1)(c) of the Education Act states that “[i]t is the duty of a teacher and a temporary teacher […] to inculcate by precept and example […] the highest regard for truth, justice, loyalty, love of country, humanity, benevolence, sobriety, industry, frugality, purity, temperance and all other virtues.” The Member’s actions did not uphold these principles. His conduct did not set a good example; nor did it encourage respect for truth, justice, and industry. The Member acted dishonestly, and by using the work of others without attribution, was given credit for their research, writing and analysis. Teachers are required to model respect for hard work, honesty and learning. The Member’s actions in manipulating and misusing the work of other authors are contrary to the values the teaching profession seeks to promote.

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).

Plagiarism can reasonably be seen to be disgraceful, dishonorable and unprofessional conduct. The Member misled readers about the originality of his work. The Committee agrees with College Counsel’s submission that the Member “cloaked himself in the credibility of the teaching profession” to facilitate his actions of plagiarizing work without generating suspicion over the course of many years.

In the works presented to the Committee as being original works by the Member (Appendix C), the Committee found most disturbing the plagiarism of personal anecdotes. In the op-ed entitled “Heavy with Hurt”, the Member recounts a conversation he claimed to have had with his son about the Sandy Hook Elementary School shooting, when in fact, the anecdote belonged to a mother/columnist who had spoken to her seven-year-old son about the same shooting, telling him “It’s very sad. But your school is safe and I will do everything and anything to make sure you and your sister are always safe at school.” Ryan Bird, the Board Communications Officer, sent several emails regarding the anecdote to the Member, stating “This is personal and powerful”, “I love the part about your conversation with your son…the heartfelt message”, and “The Star wanted to insert your son’s name into the piece. Are you okay with that?...you’ll have to tell me your son’s name of course…”. At no time did the Member clarify that the anecdote was not his own, nor that the op-ed piece contained several written passages taken directly from the work of other authors without proper attribution of credit.

The Member also plagiarized an experience from an inner-city school teacher in Los Angeles (Inner-City School Teacher Blues: Berendo Middle School, July 1996, LA Times), representing it as his own experience in the professional education book authored by the Member about his life as a middle school principal (On Time! On Task! On a Mission! A Year in the Life of a Middle School Principal, 2002, Fernwood Publishing Co.). In the Member’s book, he writes:

Students routinely came to school without a pen or pencil or anything on which to write. Some students had come to believe that simply attending school every day and taking up space at a desk was all they needed to do. There were students who could hardly write their names, read a simple paragraph, or answer a simple math problem. … I was basically teaching elementary school to middle school students. I, like most of my colleagues, worked my brains out to move my students up a grade level or two by the end of the year…the fact that these students were so academically behind never sat well with me or with a number of the other staff members. Our response was to have school on Saturdays, during vacations, and at night to make up the difference – whatever it takes.

The original text from the article by the inner-city teacher in 1996 reads:

Students who routinely come to school without a pen or pencil or anything on which to write. Students who thought that simply coming to school every day and taking up space at a desk somehow equaled learning. Students who could hardly write their names and/or read a simple paragraph and know what it meant… I was basically an elementary teacher teaching middle school students. I worked my brains out to move my students up approximately a grade level per year…The fact that these students were so academically behind never sat well with me. My response to this was that we should have school on Saturdays, during vacations, at night to make up the difference – whatever it takes!

By plagiarizing personal anecdotes, the Member demonstrated to the Committee that he would have been aware that he was taking the words of another, and substituting his own personal details to adopt the experience as his own. In doing so, the Member engaged in the most egregious breach of trust to those who respected him and looked to him for personal insights and guidance.

The Member’s plagiarism would reasonably be regarded by members of the profession as disgraceful, dishonorable, and unprofessional.

The Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19)

For the same reasons as those cited above, the Member’s repeated acts of plagiarism constituted conduct unbecoming a member. On multiple occasions and over an extended period, the Member plagiarized the work of others in very public forums, and was not honest about the manner in which he used unattributed sources in his writing. This conduct was deceptive and manipulative. It violated the public’s trust and regard for the Member as a well-known member of the education community, and tarnished the reputation of the teaching profession.

PENALTY

The College’s submissions with respect to penalty

Counsel for the College argued that the Member’s misconduct warranted the revocation of his licence or a very long suspension. Counsel for the College stated that a serious penalty was appropriate given the extent of the dishonesty demonstrated by the Member’s misconduct, involving many instances of plagiarism in works authored by the Member over an extended period of time from 2002-2013.

The College presented previous decisions of former panels of the Discipline Committee. The Committee agreed with the College that none of the cases were identical on the facts, but that issues of honesty and integrity were addressed in these cases. The Committee was not bound by any of the decisions, but found them to be of some assistance when deciding what the appropriate penalty would be in this case.

The Member’s submissions with respect to penalty

Appearing on behalf of the Member, Mr. Kinsella explained that his role at the hearing was solely to read the Member’s statement for the record, not to serve in the capacity of legal representative, and that he would be unable to answer any follow-up questions. Mr. Kinsella then read the statement written by the Member for the purpose of the penalty process.

The Member’s statement discussed his health and his concern that the Committee perceived him as “simply a name on a file folder or a number on a file… a problem that some of you wish to sweep under the rug, an embarrassment that finally some of you want to dispose of…”. The statement further described the emotional toll that the hearing had taken on the Member’s health, and his concerns with the fact that the hearing regarding professional misconduct was held in his absence, “without hearing my side of the story”. The Member further noted that “this” had gone on for years, and that if he had been tried for a criminal offence, “it would have taken less time than this process, now many years after my act of plagiarism.” The Member stated that to his children, his friends, his former colleagues, and finally, himself, he is “a man who made a grievous mistake. Additionally, Mr. Kinsella, on behalf of the Member, said that the Member committed “not theft, not forgery, not fraud, not an assault on a student, but plagiarism.” The Member’s statement also noted that he had quickly acknowledged his mistake publicly in the media, expressing his regret for the shame and embarrassment that he caused.

In his statement, the Member shared quotations from notes he had received from friends and former colleagues which were positive comments about contributions he had made to education, and his impact on them. The Member further explained in his statement that he shared the quotations to request compassion, that he has already paid a steep price, and that he believed “any further sanctions would be unfair.”

DECISION ON PENALTY

The Committee makes the following order as to penalty:

1. The Committee directs the Registrar of the Ontario College of Teachers to immediately revoke the Certificate and Qualification and Registration of the Member, which Certificate he is to immediately surrender to the Registrar.

2. As per the amendments to the Ontario College of Teachers Act regarding mandatory publication that came into force on December 5, 2016, there will be publication of the findings and Order of the Committee in summary form with the Member’s name in the official publication of the College, Professionally Speaking/Pour parler profession.

REASONS FOR PENALTY

The Committee is of the view that this is an appropriate case for revocation. The conduct of the Member was a serious and sustained breach of public trust. The Member’s repeated failure to comply with The Ethical Standards for the Teaching Profession and The Standards of Practice for the Teaching Profession warrants the most serious penalty available.

The Member’s acts of plagiarism over an approximately 11-year period were not mistakes; they were deliberate attempts to receive credit for the work of others, and served to bolster his reputation through writing he did not entirely author.

Academic honesty is fundamental to the teaching profession, and the Member violated this important value repeatedly. The Member himself, in his statement to the Toronto Star (January 9, 2013), emphasized the Board’s own policy on student academic dishonesty and plagiarism, and after outlining the minimum consequences for plagiarism that would be meted out under that policy, stated that those consequences are not “nearly enough” in his situation, as he was no longer a student, but rather an adult and an educator, and he “should know better.” He further stated that he “must set a clear example for the 284,000 students enrolled at TDSB.”

As an educator, administrator and later Director of Education, the Member occupied positions of trust and responsibility, and he continued to engage in plagiarism at all levels. He betrayed the trust placed in him in these positions. The Member lost sight of his moral responsibility as an educator and leader in the system, and this is reflected in his multiple acts of plagiarism. The Committee notes that in neither the Member’s statement posted online on the Board website (January 9, 2013), nor in his statement prepared for the College discipline hearing (December 19, 2016), did the Member make a direct apology to the authors whose work he used without attributing credit.

Revocation of the Member’s certificate denounces the Member’s very serious conduct and sends a message to members and the public that this type of professional misconduct will not be tolerated.

The Committee recognizes that it no longer has discretion with respect to publication, as publication with 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 serves and protects the public interest.

Date: February 23, 2017

Robert Gagné,

Chair, Discipline Panel

__________________________ Sara Nouini, OCT

Member, Discipline Panel

__________________________ Vicki Shannon, OCT

Member, Discipline Panel

APPENDIX A

Decision and Reason for Decision on Request for Adjournment, dated September 2, 2016

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 Christopher Michael Spence, a member of the Ontario College of Teachers.

PANEL: Robert Gagné, Chair

Sara Nouini, OCT

Vicki Shannon, OCT

BETWEEN: ) Caroline Zayid,

) McCarthy Tétrault LLP,

) for Ontario College of Teachers,

ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,

) Law Clerk

-and- )

CHRISTOPHER MICHAEL SPENCE )

(CERTIFICATE # 184667) ) Christopher Michael Spence,

) self-represented

) Julie Maciura,

) Steinecke Maciura LeBlanc,

) Independent Legal Counsel

) Heard: August 24, 2016

DECISION AND REASONS FOR DECISION ON REQUEST FOR ADJOURNMENT

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on August 24, 2016 at the Ontario College of Teachers (the “College”) at Toronto. A Notice of Hearing (Exhibit 1) dated April 8, 2015, was served on Christopher Michael Spence (the “Member”) requesting his presence on April 29, 2015 to set a date for hearing, and specifying the charges. The hearing was subsequently set to commence on August 24, 2016 and continue on August 25, 2016.

The Member was not in attendance for the hearing and he did not have legal representation. In fairness to the Member, the Committee waited 15 minutes after the opening of the hearing to allow the Member extra time to arrive at the hearing. The Member did not attend.

Counsel for the College submitted an Affidavit of Daniela De Bartolo (Exhibit 2) sworn on August 23, 2016, to prove that the Member had been informed of the allegations against him, the time and date of the hearing, as well as the penalty being sought. In this affidavit, Ms. De Bartolo, a law clerk with McCarthy Tétrault LLP, outlined her communications with the Member with regard to the hearing, including the scheduling of the hearing. She stated that she spoke with the Member and he affirmed that he received the Notice of Hearing as well as the Disclosure Brief. Based on this affidavit, the Committee is satisfied that the Member had been properly served with the Notice of Hearing.

The Member requested that the matter be adjourned through his correspondence with Counsel for the College prior to the hearing. There was no response to an inquiry by College Counsel as to whether the Member would be attending the hearing on August 24, 2016. As the Member was not present and was unrepresented, the College made submissions regarding the adjournment request at the commencement of the hearing on August 24, 2016.

SUBMISSIONS OF THE COLLEGE

The College agreed to the request subject to conditions proposed by the College.

Counsel for the College reviewed the College’s communications with the Member as set out in Ms. De Bartolo’s affidavit. Ms. De Bartolo gave evidence that the Member had provided medical information to College Counsel between May and July 2016; this medical information related to the Member’s ability to participate in disciplinary proceedings. The College took the position in its correspondences with the Member that, if the Member intended to seek an adjournment due to a medical condition, he was required to provide a medical report from his treating physician and attend on August 24, 2016 to request the adjournment.

On August 21, 2016, the Member wrote to the College asking for an adjournment and stating that he would provide a medical assessment following an appointment on September 13, 2016. On August 22, 2016, the College wrote back to the Member inquiring whether he would be attending at the August 24, 2016 hearing. The College had no further communications with the Member.

Counsel for the College submitted that, given the procedural history set out above, a short adjournment should be granted on the following conditions:

1. The Member be required to provide the Ontario College of Teachers with the report from his September 13, 2016 physician assessment by October 14, 2016.

2. The Member be required to provide the College with a signed consent which would permit the physician to respond to College Counsel’s inquires to confirm the content of the report.

3. Going forward, future communications by College Counsel to the Member need only be sent by email to the Member’s current email address.

4. The matter will come back before this Panel in late October, at which the point the matter will either be spoken to again or will go to hearing if the Member has not complied with the conditions.

After College for the Counsel made submissions, Independent Legal Counsel advised that the third condition regarding the Member’s email address raised procedural fairness problems, as the Member may change his email address in the future and not receive correspondences as a result. Independent Legal Counsel suggested that the Committee could determine at a future hearing whether the College’s attempts at communication with the Member were sufficient. As a result of this discussion, Counsel for the College then withdrew its request for the third condition.

DECISION ON REQUEST FOR ADJOURNMENT

The Committee grants the adjournment on the following conditions:

1. By October 14, 2016, the Member shall provide to the Ontario College of Teachers the medical assessment report, authored by the physician with whom the Member has an appointment scheduled for September 13, 2016.

2. By October 14, 2016, the Member shall provide to the Ontario College of Teachers a signed consent allowing the physician to communicate with the Ontario College of Teachers.

3. By no later than October 31, 2016, the Committee shall reconvene to proceed with this matter.

REASONS FOR DECISION

The Committee carefully considered the submissions of Counsel for the College. Pursuant to Rule 14 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), the Committee has the discretion to adjourn a hearing. Furthermore, pursuant to sub-rule 14.01(2) of the Rules and in accordance with section 21 of the Statutory Powers Procedure Act, the Committee may consider one or more of the following factors when deciding whether or not to grant an adjournment:

1. the sufficiency of the reasons advanced for the request to adjourn;

2. the timeliness of the request;

3. the resources of the Committee, including scheduling related issues;

4. any prejudice to the parties;

5. whether any adjournments had been granted previously;

6. the consent of the parties; or

7. any other relevant factor.

In arriving at its decision to grant the Member an adjournment, the Committee applied the seven factors set out above.

First, the Committee finds that the Member advanced sufficient reasons to support his request for an adjournment. The Member requested the adjournment so that he would be able to provide a medical assessment following a September 13, 2016 appointment. The Member has raised issues as to whether he is able to participate in future disciplinary hearings because of medical reasons. The Committee finds that establishing the Member’s medical ability to participate in the disciplinary hearing is a sufficient reason for an adjournment.

Second, as to the timeliness of the request, the Committee acknowledges that the Member’s request for an adjournment was communicated to College Counsel very close to the date of the hearing, on August 21, 2016. While the Committee finds that the request was not submitted in a timely fashion, other factors outweigh the delay in seeking an adjournment.

Third, the Committee finds that there are no scheduling issues that should lead it to deny the request for an adjournment. Rather, as part of its conditions for adjournment, the Committee has set scheduling parameters – the Committee requires the physician’s assessment be provided to the College by October 14, 2016 and requires that the Committee reconvene by October 31, 2016 so that this matter may continue.

Fourth, the Committee finds that not granting an adjournment would prejudice the Member. While the College was prepared to proceed on August 24, 2016, the inconvenience to the College is outweighed by the fairness factor of ensuring due process. Specifically, it is fair that the Member be given the opportunity to present medical information which may be relevant to his ability to participate in the disciplinary proceedings.

Fifth, the Committee notes that no adjournment has been previously granted in this matter. The fact that this is the Member’s first request for an adjournment weighs in his favour.

Sixth, College Counsel consented to the adjournment. The agreement of the parties weighs heavily in support of the Member’s request.

Seventh, with regard to any other relevant factor, the Committee emphasizes that the adjournment has not been granted on an indefinite basis. Rather, the adjournment is short in duration and contains conditions the Member must meet.

Accordingly, the Committee grants the Member’s request for an adjournment on the conditions stated above. The adjournment with conditions appropriately addresses the needs of the Member, while not unduly prejudicing the College’s interests, and it satisfies the public interest.

Given that this request for adjournment involves medical information about the Member, the Committee directs the College to take reasonable steps necessary to protect and minimize the disclosure of personal medical information pertaining to the Member. As such, the information to be recorded on the Public Register of the College will be as follows:

By order of a committee of the College, on August 24, 2016, this matter was adjourned. It is expected that the committee will reconvene by October 31, 2016 to proceed with the matter.

Date: September 2, 2016

Robert Gagné,

Chair, Discipline Panel

______________________________ Sara Nouini, OCT

Member, Discipline Panel

______________________________ Vicki Shannon, OCT

Member, Discipline Panel

APPENDIX B: Timeline from preparation of NOH to first hearing date

Date

Communication

From - To

April 13, 2015

Notice of Hearing (“NOH”) was prepared

April 17 & 18, 2015

Unsuccessful attempts to serve NOH at Member’s home, by process server

College to Member

April 21, 2015

Email asking Member to contact College for the purpose of sharing info/sending documentation

College to Member

April 23, 2015

Member states he is out of province until first week of June, and indicates he will call upon his return

Member to College

April 24, 2015

College acknowledges Member’s response; says they will await his call

College to Member

June 4, 2015

Member advises of his return; gives address to which the documentation could be sent

Member to College

June 4, 2015

College advises package to be sent by overnight courier

College to Member

June 18, 2015

College speaks with Member re: NOH and College Discipline Process procedures, and confirms contact info

College to Member

Sept.- Nov. 2015

College and Member have several discussions re: resolution

College to Member

Member to College

Nov. 19, 2015

College speaks to Member (phone and letter) re: options and to request scheduling hearing by the end of the year/in the new year

College to Member

Nov. 26, 2015

Member advises by email that he will be in touch early the following week

Member to College

Nov. 27, 2015

College acknowledges update from Member by email

College to Member

Dec. 3, 2015

Email apology from Member re: delay in response

Member to College

Jan. 5, 2016

College email to request a follow-up on his decision re: how he wishes to proceed

College to Member

Jan. 6, 2016

Member emails response to inform College that he is out of the country until the end of January, and would respond upon his return

Member to College

Jan. 6, 2016

College responds to email from Member acknowledging that the Member will contact College upon his return to the country at end of January

College to Member

Feb. 12, 2016

College spoke to Member about moving matter forward, and scheduling a hearing date

College to Member

Feb. 12, 2016

College emails Member approximately 43 available days from April 4 –May 31, 2016 in which the hearing could be scheduled

College to Member

Feb. 29, 2016

College emails Member to ask him to advise re: his availability to schedule hearing. Advises of availability to speak by phone the following week

College to Member

Mar. 7, 2016

College phones Member to move matter forward and schedule hearing. Member agrees to reply within a week or so, picking a date to schedule hearing

College to Member

Mar. 7, 2016

College emails with 28 available dates

College to Member

Mar. 18, 2016

College emails asking Member to schedule a date for hearing

College to Member

Mar. 21, 2016

Member emails asking for later dates in July or August

Member to College

Mar. 22, 2016

College emails providing 33 available dates in July and August 2016, and asking how Member would like to proceed

College to Member

Apr. 5-11, 2016

College sends 2 letters to Member (overnight courier and email), with supplementary brief of documents, and notice of intent to attend at College on May 3, 2016 to set a date for the hearing if the Member does not provide an available date by April 15, 2016

College to Member

Apr. 15, 2016

Member emails to confirm receipt of College’s email correspondence and to request a late summer date (July/August). Member stated he would respond in 2-3 weeks to allow time to deal with personal issues

Member to College

Apr. 19, 2016

College emails Member to advise of postponement of set-date hearing to May 16, 2016. Available dates (24) for July/August 2016 also provided

College to Member

April 28, 2016

College emails to request dates for hearing, as well as to inquire as to appropriate address to which to send courier package

College to Member

May 03, 2016

College emails to clarify that set-date hearing would take place on May 17, 2016, not May 16, 2016 as previously stated in an email. Again provides 24 available dates in July and August 2016

College to Member

May 09, 2016

College emails Member to follow-up with dates for hearing, and to provide name of temporary College contact, as original contact was commencing vacation for 3 weeks

College to Member

May 12, 2016

College emails to remind Member of set-date hearing on May 17, 2016, and to reiterate 24 available dates in July/August, and to indicate two days would likely be necessary for hearing

College to Member

May 12, 2016

Member emails College indicating he had retired, and provides medical note

Member to College

May 13, 2016

College emails Member to acknowledge receipt of email and medical note, as well as to confirm that the set-date hearing would proceed on May 17, 2016, as College would not delay hearing indefinitely. Dates for hearing to be proposed at the set-date hearing would be August 24-25, 2016

College to Member

May 15, 2016

Member emails College to provide additional details related to medical note

Member to College

May 25, 2016

College writes letter to Member (email and regular mail) advising of hearing scheduled for Aug. 24-25, 2016, and the intent of College to proceed regardless of whether or not Member attends. College also clarifies that Member’s new retired membership status does not remove him from jurisdiction of College for conduct that occurred prior to retirement. Adequate notice and medical documentation of inability to attend for medical reasons is requested well in advance of hearing

College to Member

May 25, 2016

Member emails College that he is unable to commit to a hearing date or participate in proceedings at this time. Indicates follow-up doctor note is forthcoming

Member to College

June 6, 2016

College writes letter to Member confirming hearing dates of Aug.24-25, 2016 (letter sent by regular mail)

College to Member

July 4, 2016

College writes letter to Member (email and regular mail), reiterating hearing dates of Aug. 24-25, 2016, and to clarify the rules of procedure for the hearing. Member is asked to advise as to whether or not he will be present for the hearing

College to Member

July 25, 2016

Member emails College with an attached medical note

Member to College

July 28, 2016

College writes Member a letter (email, regular mail, and registered mail) indicating that it would be continuing with the discipline hearing. Advised Member that should he wish to seek an adjournment, he had to provide notice as soon as possible, as well as any other medical evidence he would be relying upon to support his request. Indicated that Member or representative must attend to request adjournment

College to Member

July 29, 2016

College sends Member a letter (email, registered mail) and a package (registered mail), with supplementary disclosure

College to Member

Aug. 21, 2016

Member emails College asking for adjournment of hearing on the merits, stating he would provide a report following a medical assessment on Sept. 13, 2016

Member to College

Aug. 22, 2016

College emails Member to acknowledge receipt of this email and letter, and inquiring as to his intent to attend on Aug. 24, 2016

College to Member

No further communication with Member nor contact with a representative before Aug. 24, 2016 hearing

APPENDIX C: Publications by Christopher Michael Spence which include plagiarized material, compared against the original source material

Name and Date of Mr. Spence’s Publication

Text from Mr. Spence’s Publication

Text from Source Material

Name and Date of Source Material

1. On Time! On Task! On a Mission! (Professional Book), Page 17

2002

“…Students routinely came to school without a pen or pencil or anything on which to write. Some students had come to believe that simply attending school every day and taking up space at a desk was all they needed to do. There were students who could hardly write their names, read a simple paragraph, or answer a simple math problem. Some students cared nothing about their education. Not all students, by far, could be described as such, but there were more examples of uninterested than there were ideal students well on their way to academic success.”

“I was basically teaching elementary school to middle school students. I, like most of my colleagues, worked my brains out to move my students up a grade level or two by the ends of the year…”

“The fact that these students were so academically behind never sat well with me or with a number of other staff members. Our response to this was to have school on Saturdays, during vacations, and at night to make up the difference -- whatever it takes. I never made peace with the fact that these kids were almost out of the race of life at such an early age because they lacked education. I resented that many of our students moving on to high school the following year were not prepared.”

“I was young and idealistic, had neither family nor serious commitments of my own and would have been willing to do anything to get my students caught up to grade level…”

“The high school teachers were going to look at the dismal level of academic achievement of their classes and blame us middle school teachers as incompetent, in exactly the same way as we often viewed the elementary teachers.”

“I also discovered that middle school students who cannot read or write almost always decide that the time and energy it would take to learn is not worth the effort. I found that if a student cannot read, it is nearly impossible to teach her or him how to write.”

“…Students who routinely come to school without a pen or pencil or anything on which to write. Students who thought that simply coming to school every day and taking up space at a desk somehow equaled learning. Students who could hardly write their names and/or read a simple paragraph and know what it meant. Students who cared nothing about their education. Not all students, by far, could be described as such, but there were more examples of this than ideal students well on their way to academic success…”

“...I was basically an elementary school teacher teaching middle school students. I worked my brains out to move my students up approximately a grade level per year and I resented people telling me I was not doing my job because these kids were so low skilled”

“…The fact that these students were so academically behind never sat well with me. My response to this was that we should have school on Saturdays, during vacations, at night to make up the different- whatever it takes! I never made my peace with the fact that these kids were almost out of the hyper-competitive capitalist rat race so early in life by virtue of their lack of education. I would have been willing for only a little more money to have much longer school days, come in on weekends, etc. I was young and idealistic, had neither family nor serious commitments of my own, and would have been willing to do anything to get my students caught up to grade-level…”

“…I knew the following year the high school teachers in charge of our former students were going to look at the dismal level of academic achievement of their classes and curse us middle school teachers as incompetent, in exactly the same way as we middle school teachers cursed the elementary teachers...”

“…I found out that when teenagers at 12 or 13 years of age still cannot read or write, they almost always decide that the energy it would take to learn is not worth the effort required. I also discovered that if a student cannot read, it is nearly impossible to teach him/her how to write.”

Los Angeles Unified School District, “Inner-City School Teacher Blues” (author’s name not included)

1996²

2. On Time! On Task! On a Mission! (Professional Book), Page 44

2002

“I believe that teachers who work together see significant improvements in student achievement, behavior, and attitudes. Students can sense program coherence and consistency of expectations, and their improved behavior and achievement are a reflection of this…”

“…For new teachers, this collegiality saves them from the sink or swim, trial and error ordeal. For experienced teachers, collegiality prevents end of the year burnout and stimulates enthusiasm.”

“In our experience, teachers who work closely together become more adaptable and self-reliant. When working together, they have the energy, organizational skills, and resources to attempt innovations that may exhaust an individual teacher. A collaborative environment fosters continuous learning by the teachers that enhances their effectiveness in the classroom.”

“The establishment of a leadership team and the involvement of staff in school improvement initiatives vastly increases the collaborative, cooperative, collegial efforts in the school. The leadership team itself represents an opportunity for teachers to work together in a decision-making capacity as they work to move the school through the improvement process. We meet regularly to collect and share data on the school and develop ways the rest of the staff could work together to focus on school improvement. Teachers are directly involved in leading the improvement effort.”

“Teachers who work together have seen significant improvements in student achievement, behavior, and attitudes. In schools where collaboration is the norm, students can sense program coherence and consistency of expectations, and their improved behavior and achievement may well be a response to a better learning environment…”

“…For beginning teachers, this collegiality saves them from the usual sink-or-swim, trial-and-error ordeal. For experienced teachers, collegiality prevents end-of-year burnout and stimulates enthusiasm…”

“…teachers who work closely together become more adaptable and self-reliant. Together, they have the energy, organizational skills, and resources to attempt innovations that would exhaust an individual teacher… the collaborative environment fosters continuous learning by the teachers that enhances their effectiveness in the classroom.”

A. ERIC Clearinghouse on Urban Education, “Teacher Collaboration in Urban Secondary Schools,” by Morton Inger

1993

“The establishment of the leadership team and the involvement of staff in school improvement vastly increased the collaborative, cooperative, collegial efforts in the school. The leadership team itself represented an opportunity for teachers to work together in a decision-making capacity as they worked to move the school through the improvement steps. They met frequently to learn new skills, collect and share data on the school and develop ways the rest of the staff could work together to focus on school improvement. Teachers were directly involved in leading the improvement effort.”

B. School Improvement Research Series: Research You Can Use, by Greg Druian et al.

December 1987

3. The Joys of Teaching Boys (Professional Book), Page 7

2008

“…These behaviors are viewed as interfering with literacy success, and they skew teachers’ perceptions of boys’ abilities and their willingness to engage in texts.”

“…These behaviors are viewed as interfering with school literacy success, and they skew teachers’ perceptions of boys’ abilities and willingness to engage in literacy texts.”

Language Arts, “Morphing Literacy: Boys Reshaping Their School-Based Literacy Practices”, by Heather A. Blair and Kathy Sanford

July 2004

4. Leading with Passion and Purpose (Professional Book), Page 8

2009

“To be servant leaders, then, we need to make a serious commitment to a network of partnerships that are honest and effective, solid; above all, we need to remain capable of receiving candid critique. Enlisting others- and not just loyal insiders- in these mutual relationships becomes part of our task: inviting a mutual exploration of what happens when things go awry, coming together to assess behaviors that may be undermining the alliance, taking explicit steps to reinforce shared commitments, revisiting the inspiration from which the collaboration draws its meaning. If we strive to be such leaders, we can earn trust.”

“To be trustworthy leaders, then, we need to make a serious commitment to a network of partnerships- including with our students – that are honest and effective, are solid and sophisticated, and above all remain capable of receiving candid criticism. Enlisting others- and not just loyal insiders- in these mutual relationships becomes a major part of the leaders’ task: inviting a mutual exploration of what happens when things go awry, coming together to assess behaviors that may be undermining the alliance, taking explicit steps to reinforce shared commitments, and revisiting the inspiration from which the collaboration draws its meaning. If we can strive to be such leaders, we can earn our colleagues’ and our students’ trust.”

Trustworthy Leadership, by Diana Chapman Walsh

Spring 2006

5. Leading with Passion and Purpose (Professional Book), Pages 23 and 24

2009

“Enact values and purposes with integrity and wisdom: Effective leaders know themselves well and their actions are based on a well-formed set of values, beliefs and understanding. They are committed to a moral purpose and vision, and can achieve a community consensus on school goals and priorities. They have the strength of character to persevere with this purpose or vision to change practices in the light of evolving understandings.”

“Enable others through quality relationships: Effective leaders understand the nature of power and change and know that the quality of their relationships with students, staff and community are crucial to their ability to enable others. They promote an atmosphere of care and trust within the school community, settling the tone for mutually respectful relationships. This trust is increased by providing moral support, taking account of people’s opinions and appreciating their work.”

“Promote a supportive and rich learning community: Effective leaders are learners and know how to support and challenge the learning of others. They understand learning and teaching and focus on the improvement of student outcomes and the building of learning communities with high expectations for students and teachers. They also facilitate opportunities for staff to learn from one another and model continual learning by viewing all experiences as learning experiences.”

“Extend professional and organizational capabilities: Effective leaders contribute to collective professional knowledge, through research and theory based on practice. They integrate their leadership and management roles by focusing on the improvement of student outcomes, a goal that is supported by organizational structures and processes. They redesign school structures to promote participatory decision making and teacher autonomy, and they support the professionalism of the staff through professional networks and alliances beyond the school.”

“Build leadership capacity: Effective, transformational leaders articulate the importance of leadership and value the capacity of others to lead. They delegate authority and are strategic about developing solidarity within the school through leadership models.”

“Enact values and purposes with integrity and wisdom: Effective leaders know themselves well and their actions are based on a well-formed set of values, beliefs and understanding.”

“Transformational leaders are committed to a moral purpose and vision, and can achieve a community consensus on school goals and priorities. They have the strength of character to persevere with this purpose or vision to change practices in the light of evolving understandings.”

“Enables others through quality relationships: Effective leaders understand the nature of power and change and know that the quality of their relationships with students, staff and community are crucial to their ability to enable others.”

“Transformational leaders promote an atmosphere of care and trust within the school community, settling the tone for mutually respectful relationships. This trust is grown by providing individual moral support, taking account of people’s opinions and appreciating other’s work.”

“Promotes a supportive and rich learning community: … Transformational leaders understand learning and teaching and focus on the improvement of student outcomes and the building of learning communities with high expectations for students and teachers. They facilitate opportunities for staff to learn from each other and model continual learning by viewing all experiences as learning experiences.”

“Extends professional and organizational capabilities: Effective leaders contribute to collective professional knowledge, through a research and theory base to practice. They integrate their leadership and management roles by focusing on the improvement of student outcomes that is supported by organizational structures and processes.”

“Transformational leaders redesign school structures that promote participatory decision making, support decision making and teacher decision making autonomy. They advocate the professionalism of the staff and maintain currency through professional networks and alliances beyond the school.”

“Builds leadership capacity: Effective leaders are articulate about leadership and value the capacity of others to lead.”

“Transformational leaders delegate authority and are strategic about developing solidarity within the school through distributed leadership models.”

Changing Landscape For Principalship – New Challenges for Tomorrow’s Leaders, by Pierre du Plessis et al.³

2007

6. Leading with Passion and Purpose (Professional Book), Page 27

2009

“We must recognize that, as many students are not performing up to their academic potential, we need to take action to increase student achievement.”

“Yes, parents are their children’s first teachers and they can foster their children’s achievement, but they do not have the training or experience of professional educators. Yes, communities can and should provide young people with the diverse developmental opportunities they need to build self-confidence and the desire to achieve, but community support is no substitute for what should be the school’s academic focus. If we cannot help our students achieve at higher levels, who can?”

“I know that staff work can be complicated by obstacles- classes that are too big, job requirements that have too little to do with teaching and learning. These and other obstacles can seem daunting, but we must not let them daunt us.”

“It takes hard, steady work to improve student achievement, yet the culture around us values convenience, short cuts, expediency, and painless learning. Educators are not immune to its influences.”

“They look for the program, the textbook or curriculum, or the techniques that will make their jobs easier. Indeed, there are a lot of resources in the education marketplace, and some of them are helpful, but if educators use them properly, nearly all these resources will require more work rather than less. There are no short cuts to increase student achievement.”

“Even though we know that students will achieve little if staff expectations for them are low, the greatest resource available to many school systems and schools is staff development. Most do not effectively use it, however, to increase the skill and knowledge levels of teachers, support staff and administrators.”

“In effective schools, the principal and the school leadership team treat staff development as a precious resource…”

“I assume you are here because you are professionals who recognize that many students are not performing up to their academic potential, or because you are under pressure from your school system or state to demonstrate that you can increase levels of student performance in your classrooms and schools.

“…Yes, parents are their children’s first teachers and they can and should foster their children’s achievement, but they do not have your training or experience. Yes, communities can and should provide young people with the diverse developmental opportunities they need to build self-confidence and the desire to achieve, but community support is no substitute for what should be the school’s academic focus. If we cannot help our students achieve at higher levels, who can?”

“I know your work is complicated by great obstacles. Classes are too big. Too many job requirements have too little to do with teaching and learning. Too many students seem to have everything on their minds but learning.

These and other obstacles are daunting, and you know better than I that it is not easy to overcome them. It takes steady, hard work. That is what you tell your students it takes to achieve, and it applies to you as well.”

“We live in a culture that values convenience, short cuts, expediency, and painless learning. Teachers and educators are not immune from the influences of that culture. They look for the program, textbook, curriculum or technique that will make their jobs easier. Indeed, there are a lot of resources in the education marketplace, and some of them are helpful, but if educators use them properly, nearly all these resources will require more work rather than less. There are no short cuts to increase student achievement.”

“Even though we know all this, most school systems and schools do not effectively use the greatest resources available to them – staff development – to increase the performance levels of teachers and administrators. Most staff development is not carefully conceived to help teachers and administrators develop and use the specific skills they need to increase student achievement.”

“In the achieving middle school, however, the principal and the school leadership team treat staff development as a precious resource.”

Shooting for the Sun: The Message of Middle School Reform, by M. Hayes Mizell

2002⁴

7. Toronto Star, “Full service schools offer more than just education”

May 5, 2010

“By keeping school doors open beyond non-traditional school hours, they become a haven for children, a place for learning that is removed from the violence, drugs, and lack of supervision that permeate some communities.”

“By keeping school doors open during non-traditional school hours, the school provides students, parents, and the community with access to valuable educational resources. A Community Learning Center housed in the community school can be a safe after-school and summer haven for children, where learning takes place in a building removed from the violence, drugs, and lack of supervision of children that permeate some communities in America.”

Keeping School Open as Community Learning Centers: Extending Learning in a Safe, Drug-Free Environment Before and After School, by Richard W. Riley et al.

1997

8. Chris’s Blog (TDSB website), “Learning Locally, Contributing Globally”

September 28, 2010

“In an increasingly diverse nation and interconnected world, educators must teach students to be global citizens committed to justice for all people.”

“Students should be taught not only the ability to master, access and use factual knowledge, but also the ability to challenge assumptions, to interrogate and reconstruct knowledge and learn to know, to care and to act. This type of teaching will educate ‘student’s heads, but also their hearts,’ and create transformative citizens who are prepared to take an active role in their society and work for social justice.”

“A person is not simply a citizen of one country or a member of one ethnic group. Instead, our identities incorporate a variety of factors, including nation and race, but also sexual orientation, religion, language and class.”

“This balance between respecting a student’s cultural background and at the same time encouraging national and global identification is what will ultimately nurture students who are global citizens and answer the question, ‘How can we educate our students so they grieve for people dying in Darfur and Iraq as much as they do for our own?’

“In an increasingly diverse nation and interconnected world, educators must teach students to be global citizens committed to justice for all people.”

“… students should be taught not only ‘the ability to master, access and use factual knowledge, but also the ability to challenge assumptions, to interrogate and reconstruct knowledge’ and learn ‘to know, to care and to act’. This type of teaching will educate ‘student’s heads, but also their hearts,’ and create ‘transformative’ citizens who are prepared to take an active role in their society and work for social justice.”

“…A person is not simply a citizen of one country or a member of one ethnic group. Instead, one’s identity incorporates a variety of factors, including nation and race, but also factors such as sexual orientation, religion, language and class.”

“…This balance between respecting a student’s individual cultural background and at the same encouraging national and global identification is what Banks said will ultimately nurture students who are global citizens and answer the question, ‘How can we educate our students so they grieve for people dying in Darfur and Iraq as much as they do for our own?’”

Virginia.edu, “Professor James A. Banks Encourages Educating Students to be Global Citizens in the Annual Ridley Lecture at the University of Virginia”, by Rebecca P. Arrington

April 4, 2008

9. Chris’s Blog (TDSB website)

June 27, 2011

“…But remember you have not been educated to be a bystander. You are not just a face in the crowd, forgotten by the powerful people passing by. YOU are one of those powerful people, and YOU will be watched, critiqued, criticized, and complimented, and through all of those tests you will be held up as a role model and exemplar.”

“… You are among the privileged and relative few in our world to have the opportunity for a great education. Regardless of the specific occupation you will have in the future, regardless of whether you have children of your own, as citizens and leaders who have reaped the benefits of a great education, you must advocate for its importance in our city and anywhere else your life may take you.”

“But something in danger of being trampled in the stampede to the future is the delicate thread that draws us together human beings. We surf the internet in multiple languages, yet never speak to the person next door. The news shows us suffering in the far reaches of the globe, yet we never notice the poverty in our own backyard. What good is crystal clear reception on your smartphone if you can’t hear the voice of your own conscience or your neighbor asking for help?”

“… We have not educated you to be a bystander. You are not just a face in the crowd already forgotten by the powerful people passing by. YOU are one of those powerful people, and YOU will be watched, critiqued, criticized, and complimented, and through all of those tests you will be held up as a role model and exemplar…”

“…You are among the privileged and relative few in our world- particularly among women on this planet, particularly among women of colour- to have this great education, to have earned baccalaureate and advanced degrees. Regardless of the specific occupation you will have in the future, regardless of whether you have children of your own, as citizens and leaders who have reaped the benefits of a great higher education, you must be engaged with the issues of educational reform and attainment in our city and in all of the communities you inhabit.”

A. Trinity Washington University, “Commencement May 2008: Luncheon”, by Patricia McGuire

May 2008

[N/A]⁵

B. C-Span.org, “Antonio Garza, U.S. Ambassador to Mexico Commencement Address – University of Austin” audio recording

May 20, 2006

10. Chris’s Blog (TDSB website) excerpt

October 17, 2011

“International education is not about student fees. It’s about transforming education by enriching our understanding of ourselves and others. As our students learn to appreciate how people from different nations and cultures see the world, they gain insights.”

“…international education is not about harvesting premium student fees. It’s about transforming education by enriching our understanding of ourselves and others who share the planet. As our students learn to appreciate how people from different nations and cultures see the world, they gain insights…”

Douglas College President’s Blog, “Welcoming international students is good for Douglas, good for local students,” by Scott McAlpine

October 11, 2011

11. Connecting with Education: Chris Spence at TEDx Conference, Stouffville – video recording

April 29, 2012

[N/A]⁶

“Under-developed literacy skills are the number one reason why students are retained, assigned to special education, given long-term remedial services, and why they fail to graduate from high school…”

National Association of Elementary School Principals, “Wanted: A Comprehensive Literacy Agenda Pre-K – 12,” by Vincent L. Ferrandino and Gerald N. Tirozzi

Pre-2004⁷

12. Toronto Star, “Schools can help curb violent behavior”

July 23, 2012

“…The reality is that despite our best efforts, poverty remains high, children are more likely to be raised in single-parent households, participate in delinquent activities and violence, use tobacco, alcohol and drugs, suffer from emotional and behavioural problems and are less likely to meet academic standards.”

“…children will not develop into happy, healthy, contributing adults unless we change the way they are taught and nurtured. Both families and schools will have to change their strategies towards raising our youth; and we will need new kinds of community resources and partnerships in order for our children to develop into productive members of society.”

“…The reality is that despite our best efforts, poverty remains high, children are more likely to be raised in single-parent households, engage in risky sexual behaviors and become pregnant, participate in delinquent activities and violence, use tobacco, alcohol and drugs, suffer from emotional and behavioral problems and are less likely to meet academic standards…”

“…a) children will not develop into happy, healthy, contributing adults unless we change the way they are taught and nurtured; b) both families and schools must change their strategies towards raising our youth; and c) a new infrastructure is needed using new kinds of community resources and partnerships in order for our children to develop into productive members of society.”

New Haven Board of Education, “Comprehensive, Integrated Community-Wide Safe Schools/ Healthy Students Plan for New Haven. Connecticut”

June 1, 1999

13. Toronto Star, “Connecticut school shooting: ‘Heavy with Hurt’ in Toronto”

December 16, 2012

“…In a culture increasingly inured to senseless violence, the terrible massacre at Sandy Hook Elementary School in Newtown, Conn., is nonetheless horrible and disturbing beyond our imagination.”

“…It shakes us all to the core. We feel unsafe and the urge to protect and shield all our own children has never been as fierce. I had the immediate desire to drop everything and pick up my kids from school, get back to the safety of our home, hug them and never let go.”

“But when looked at my 10-year-old son, Jacob, I put on my calmest face. ‘A terrible and sad thing happened today,’ I said. ‘Someone shot a gun at a school.’ He looked at me for a minute, trying to understand what I had said. ‘One of your schools, Dad? Was anyone killed?’ ‘No, not one of ours but, yes, some people were killed. It’s very sad. But your school is safe. And I will do anything and everything to make sure you and your sister are always safe at school.’ Then I hugged him...”

“…In the immediate aftermath of this tragedy, this is what our children need: For us to reassume them, listen to them and comfort them.”

“We must also remind ourselves that schools are still exceedingly safe places for our children to be and believe it when we tell our children.”

“… In a culture increasingly inured to senseless violence, the terrible massacre at Sandy Hook school is nonetheless horrible and disturbing beyond our jaded imagination.”

A. San Diego Union-Tribune “Letters: “Connecticut Shooting”

December 15, 2012

“…It shakes us all to the core. We feel unsafe and the urge to protect and shield all our own children has never been as fierce. Many had the immediate desire to drop everything and pick up their kids from school, get back to the safety of their homes, hug them and never let go.”

B. The Sacramento Bee, “Advice on what to tell your children about the Connecticut shooting tragedy,” by Melissa Arca

December 15, 2012 or earlier⁸

“…But when I looked at my 7-year-old son, I put on my calmest face. ‘A terrible and sad thing happened today,’ I said. ‘Someone shot a gun at a school.’ He looked at me for a minute, trying to understand what I had said. ‘Was anyone killed?’ ‘Yes, some people were killed. It’s very sad. But your school is safe and I will do everything and anything to make sure you and your sister are always safe at school.’ Then I hugged him. Tight. ‘We need to pray for everyone who was hurt today,’ I said.”

“In the immediate aftermath of national tragedy, this is what our children need: For us to reassure them, listen to them and comfort them.”

“We need to remind ourselves that schools are still exceedingly safe places for our children to be and believe it when we tell our children.”

C. St. Louis Today, “What to say to kids about Connecticut school shooting,” by Aisha Sultan

December 14, 2012

14. Toronto Star, “Without school sports, everyone loses”

January 5, 2013

“As obesity rates soar for children in Canada, it is more important than ever to encourage children to participate in physical activity”

“And while the myriad physical benefits that sports provide to children are evident, we must also remember that the psychological and social benefits are plentiful as well.”

“Our schools emphasize a broad educational mission: to develop the ‘whole student’. For the majority of students, involvement in extracurricular plays an important role in this personal development and in their overall school experience.”

“Students become involved in extracurricular activities not only for entertainment, social, and enjoyment purposes, but most important, to gain and improve skills.”

“…We are challenged through sport to use our minds in guiding our bodies through the dimensions of time and space on the field of play […] We learn the importance of goal setting, hard work and the necessity of dealing with disappointment.”

“On the athletic field I learned that a group of people can perform so much better as a team than as the sum of their individual talents.”

“…As a teenage athlete, leadership is not something that’s easily recognizable. Instead, players would stand out if they possessed a strong work ethic, had natural talent and skill, had the ability to motivate and encourage others, and got the job done.”

“As my athletic career progressed, I had the opportunity to play for many different teams, at many different levels. I quickly learned that being a leader isn’t something you choose, it’s something you are – regardless of any title.”

“As obesity rates soar for children in America, it is more important than ever to encourage children to participate in physical activity...”

“While the myriad physical benefits sports provide to children are evident, the psychological and social benefits are plentiful as well.”

A. Pro Sports Chick Blog, “Sports Important in Fostering Children’s Growth, Social Skills,” by Jess Dempsey

May 3, 2012

“At the beginning of the twenty-first century, many colleges and universities have a broad educational mission: to develop the “whole student”. On college campuses, extracurricular involvement is a key tool in this personal development. For the majority of college and university students, involvement in extracurricular activities plays an integral role in the collegiate experience. Students become involved in extracurricular activities not only for entertainment, social, and enjoyment purposes, but most important, to gain and improve skills…”

B. Encyclopedia.com, “College Student Life: College Extracurricular Activities,” by Amy M. Tenhouse

2003

“…We are challenged through sport to use our minds in guiding our bodies through the dimensions of time and space on the field of play… We learn the importance of goal setting, hard work and the necessity of dealing with disappointment.”

C. The New York Times, “An Open Letter to President Bush,” by Anita L. Defrantz

February 19, 1989

“…On the athletic field I learned that a group of people can perform so much better as a team than as the sum of their individual talents…”

D. True North: Discover Your Authentic Leadership, by Bill George with Peter Sims

2007 or prior⁹

“As a teenage athlete, leadership is not something that’s easily recognizable. Instead, players would stand out if they possessed a strong work ethic, had natural talent and skill, had the ability to motivate and encourage others, and got the job done.”

“…As my athletic career progressed, I had the opportunity to play for many different teams, at many different levels.”

E. Coaching Excellence Blog: “What Being an Athlete in Team Sports Taught Me about Leadership” (author’s name not included)

May 10, 2012¹⁰

Footnotes

1. 1The discipline hearing had originally been scheduled to proceed on August 24, 2016 but was adjourned, at the request of the Member.
2. 2The Committee accepts Ms. Da Silva’s evidence that, based on her research, this article was published in 1996.
3. 3While this article is undated, the Committee accepts Ms. Da Silva’s evidence that she was able to identify it as a paper given at a 2007 conference in Australia based on the fact that it was referenced in other articles she researched.
4. 4The Committee accepts Ms. Da Silva’s evidence that, based on her research, this article was published in 2002 despite the fact that it was undated.
5. 5The relevant content of the audio recording is substantially the same as the relevant portion of Mr. Spence’s blog posting dated June 27, 2011.
6. 6The relevant content of the video recording is substantially the same as the relevant portion of the source material from "Wanted: A Comprehensive Literacy Agenda Pre-K - 12".
7. 7The Committee accepts Ms. Da Silva’s evidence that, despite the fact that this article was undated, she found reference to this article in other publications and determined it was published prior to 2004.
8. 8The Committee accepts Ms. Da Silva’s evidence that, based on her research, she was not able to determine the exact date of publication of the article, but determined that it was published by December 15, 2012 or earlier based on reference to the article in other publications.
9. 9Based on the publisher’s information on the cover page of the text.
10. 10While the blog entry was undated, the Committee accepts Ms. Da Silva’s evidence that she was able to find this date of publication of the blog article because it was referenced (with its publication date) in other articles she researched.