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
Adam Christopher Hancock, OCT, a member of the Ontario College of Teachers.
PANEL: Tom Potter, Chair
Ann Ciaschini, OCT
Irene Dembek, OCT
BETWEEN: ) ) Ava Arbuck,
ONTARIO COLLEGE OF TEACHERS ) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
) assisted by Shannon Baker,
- and – ) Law Clerk
ADAM CHRISTOPHER HANCOCK ) Adam Christopher Hancock
(CERTIFICATE #465287) ) was not present or represented
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: June 22, 2017
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from 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 (Exhibit 1) dated June 16, 2014. Adam Christopher Hancock (the “Member”) was not in attendance for the hearing of this motion and was not represented by legal counsel.
SUBMISSIONS OF COLLEGE COUNSEL
College Counsel advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing and submitted that there was no reasonable prospect of obtaining a finding of professional misconduct, should the matter proceed to a hearing, due to insufficient evidence.
DECISION
Having considered the submissions of College Counsel and upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing.
REASONS FOR DECISION
The Committee has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. The Committee accepts the submission of College Counsel that there was no reasonable prospect of obtaining a finding of professional misconduct, if the matter were to proceed to a hearing, due to insufficient evidence.
The Committee finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to expend the resources to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of professional misconduct due to insufficient evidence.
Dated: June 22, 2017
______________________________ Tom Potter
Chair, Discipline Panel ______________________________ Ann Ciaschini, OCT Member, Discipline Panel
Irene Dembek, OCT
Member, Discipline Panel