DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, and Ontario Regulation 437/97 thereunder;
AND IN THE MATTER OF a discipline proceeding against Luc Paul Despres, a retired member of the Ontario College of Teachers.
PANEL: Sara Nouini, OCT, Chair
Jean-Luc Bernard, OCT
Vicki Shannon, OCT
BETWEEN: ) Christine Lonsdale,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Annie Lacroix,
) Law Clerk
– and – )
LUC PAUL DESPRES ) Don Cattani,
(CERTIFICATE #185127) ) for Luc Paul Despres
) Renée Kopp,
) Jones Litigation Counsel LLP, ) Independent Legal Counsel
) ) Heard: February 14, 2017
DECISION ON MOTION
Counsel for the College submitted a motion before a panel of the Discipline Committee (the “Committee”) of the Ontario College of Teachers (the “College”) to withdraw the allegations set out in the Notice of Hearing dated June 9, 2014.
Luc Paul Despres (“the Member”) was represented by Don Cattani (“Mr. Cattani”), although he is not a lawyer. Neither the Member nor Mr. Cattani was present at the hearing.
DECLARATION OF UNDERTAKING AND ACKNOWLEDGEMENT
Counsel for the College advised the Committee that an agreement had been reached between the parties to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing, in exchange for the Member’s promise to abide by the following Declaration of Undertaking and Acknowledgement (see Exhibit 3)1:
I hereby resign as a member of the Ontario College of Teachers with immediate effect.
I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.
I undertake that I will never seek to carry on any activity for which a Certificate of Qualification and Registration is required.
I understand that a breach of this Undertaking and Acknowledgment will be treated by the Ontario College of Teachers as professional misconduct and in those circumstances the Ontario College of Teachers will be at liberty to commence proceedings or take such other steps the Ontario College of Teachers deems appropriate.
I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation on the public register will read as follows:
On February 14, 2017, the Member resigned his membership with the Ontario College of Teachers and undertook never to carry on any activity for which a Certificate of Qualification and Registration is required. The Member also undertook that he would never seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding against him was in process. Copies of public records associated with this matter are available upon request.
- I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and having had the opportunity to obtain the advice of legal counsel.
DECISION
The Committee authorized the College to withdraw the allegations of professional misconduct against Luc Paul Despres set out in the Notice of Hearing dated June 9, 2014, in exchange for the Member’s promise to abide by the Declaration of Undertaking and Acknowledgement dated November 16, 2016 (Exhibit 3).
REASONS FOR DECISION
The Committee is competent to make the order sought under Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. The Committee acknowledges that the alleged misconduct allegedly took place outside the school setting and concerned the Member’s private life. Furthermore, the Member was charged in criminal court, but was acquitted. The Committee further acknowledges that a contested hearing in this matter would be long and costly and the outcome would be uncertain.
Given that the Member has resigned from the College and has undertaken never to carry on any activity for which a Certificate of Qualification and Registration is required and never to seek reinstatement of his Certificate of Qualification and Registration, the Committee is satisfied that the public interest is adequately protected. The Committee also considers the procedure sufficiently transparent. The Committee’s Decision and Reasons will be posted on the College website and the aforementioned notation concerning the Member’s resignation and undertaking will appear on the Public Register.
Consequently, the Committee finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Declaration of Undertaking and Acknowledgement is reasonable and serves and protects the public interest, given the circumstances of this case.
Date: February 14, 2017
Sara Nouini, OCT
Chair, Discipline Panel
______________________________ Jean-Luc Bernard, OCT
Member, Discipline Panel
Vicki Shannon, OCT
Member, Discipline Panel