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
Donald Ashley Thompson, OCT, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair
Louis Sloan
Ravi Vethamany, OCT
BETWEEN: ) Charlotte-Anne Malischewski,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
– and – )
DONALD ASHLEY THOMPSON ) Patricia D’Heureux,
(CERTIFICATE #440021) ) Cavalluzzo Shilton
) McIntyre Cornish LLP,
) for Donald Ashley Thompson
) Robin McKechney,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: June 12, 2017
DECISION, REASONS FOR DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 12, 2017 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated June 16, 2015 (Exhibit 1) was served on Donald Ashley Thompson (the “Member”), requesting his presence on July 7, 2015 to set a date for hearing, and specifying the charges. The hearing was subsequently set for June 12, 2017.
The Member was in attendance for the hearing and had legal representation.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing are as follows:
IT IS ALLEGED that the Member is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teachers Act, 1996 (the “Act”) in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);1
(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);2
(d) 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);
(e) 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
(f) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
AGREED STATEMENT OF FACTS
Counsel for the College advised the Committee that an agreement had been reached on the facts and introduced an Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:
Donald Ashley Thompson is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the Toronto District School Board (the “Board”) as a teacher at [XXX]School (the “School”).
In the 2012-2013 academic year, Student 1 was a Grade [XXX] female student at the School. The Member taught Student 1’s [XXX]class.
On or around April 5, 2013, during the Member’s Grade [XXX] [XXX]class, an altercation occurred when Student 1 would not follow the Member’s instructions. The Member:
(a) Raised his fist near Student 1;
(b) Made a punching motion towards or near Student 1.
The incident was reported to the School’s vice-principal by Student 1. The Board undertook an investigation and interviewed a number of students.
The April 5, 2013 incident was reported to the police, and the Member was charged with assault. On December 12, 2013, the criminal charge was withdrawn in exchange for the Member entering a peace bond.
The April 5, 2013 incident was also investigated by the Children’s Aid Society of Toronto (the “CAS”). While concerns of risk of harm were not verified, concerns of threat of harm were verified by the CAS. Attached hereto and marked as Exhibit “B” is a copy of the April 29, 2013 letter from the CAS to the Board.
Following the Board’s investigation of the April 5, 2013 incident, the Member was suspended without pay for 30 days, and was transferred to another school. The Member was also required to attend anger management counselling, and to work with a coach on classroom management. Attached hereto and marked as Exhibit “C” is a copy of the June 27, 2014 letter of discipline from the Board to the Member.
Prior to the April 2013 incident, in February 2009, the Member had received a letter of expectation from the Board after he used force to address student misbehaviour. Attached hereto and marked as Exhibit “D” is a copy of the February 3, 2009 letter from the Board to the Member.
In November 2010, the Member received a letter of discipline and a 15-day suspension after a January 2010 incident in which he physically mistreated a student. Attached hereto and marked as Exhibit “E” is a copy of the November 26, 2010 letter from the Board to the Member.
In January 2012, the Member was admonished by the College’s Investigation Committee with respect to the January 2010 incident. Attached hereto and marked as Exhibit “F” is a copy of the January 25, 2012 Decision of the College’s Investigation Committee.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to otherwise prove the case against him and the right to have a hearing;
(d) he understands that a summary of the decision of the Committee and its reasons, including reference to his name, will be published in the official publication of the College;
(e) he understands that any agreement between him and Counsel for the College with respect to the penalty proposed does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.
- In light of the Admitted Facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs (b) and (c) of the Notice of Hearing, namely that the Member contravened subsections 1(7.1) and 1(7.2) of Ontario Regulation 437/97, be withdrawn. The Committee granted the request.
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Committee finds that the facts support a finding of professional misconduct. In particular, the Committee finds that the Member committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 11 of the Agreed Statement of Facts and Guilty Plea and pleaded guilty to the allegations of professional misconduct against him. He acknowledged and the Committee accepts that the Admitted Facts constitute conduct which is professional misconduct, contrary to Ontario Regulation 437/97, subsections 1(5), 1(15), 1(18) and 1(19).
Paragraphs 4, 6, 7, 8, 9, 10 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5).
Paragraphs 4, 6, 7, 8, 9, 10 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15).
Paragraphs 4, 6, 7, 8, 9, 10 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18).
Paragraphs 4, 6, 7, 8, 9, 10 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty (Exhibit 3), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:
direct that the Member appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor St. West, Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
direct the Registrar to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register until such time as they are fulfilled:
(a) prior to commencing a teaching position or any position for which a Certificate of Qualification and Registration is required (a “Teaching Position”), the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding anger management and effective student discipline, subject to the following conditions:
(i) the Member will provide to a course provider approved by the Registrar, a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee;
(ii) upon review of the documents noted at paragraph (i) above, the course provider will provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course provider shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member;
(b) within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course provider:
(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.
PENALTY DECISION
The Committee accepts the Joint Submission on Penalty presented by the parties and makes an order in accordance with its terms, as set out above.
REASONS FOR PENALTY DECISION
The Committee accepts the penalty jointly proposed by the parties. The Committee recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Committee’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of the discipline process into disrepute or be otherwise contrary to the public interest. The Committee finds that the penalty proposed in the Joint Submission on Penalty is proportionate to the misconduct committed by the Member and is reasonable given the circumstances of this case. The penalty proposed by the parties is also within a reasonable range, based on the following analogous cases presented by College Counsel: Ontario College of Teachers v. Jarzylo, 2014 ONOCT 50, Ontario College of Teachers v. Cridland, 2014 ONOCT 27 and Ontario College of Teachers v. Vasta, 2016 ONOCT 95.
The Committee finds that the Member’s repeated pattern of inappropriate conduct warrants a reprimand by his peers. The Member received a letter of expectation from the Board in February 2009 after having used force to address student behaviour. In November 2010, the Board issued a letter of discipline and suspended the Member for 15 days following an incident in which the Member allegedly mistreated a student physically. The third incident, which took place on April 5, 2013, involved the Member raising his fist near a student, and making a punching motion towards or near the student. The Committee is concerned that the Member has resorted to the use of (or the threat of using) physical force against students, despite the warnings and discipline that he has already received from his Board.
As adults and professionals, teachers are expected to keep their composure and to address difficult situations in a reasonable and professional manner. Members are also expected to provide students with a safe learning environment and to ensure students’ well-being. The Member failed to meet these expectations on several occasions. The Committee recognizes that the Member has previously been disciplined by the Board through suspensions, but is concerned with the Member’s ability to conduct himself in a professional manner, in line with the standards of the profession, and to manage and control his anger. The Committee accepts the Joint Submission on Penalty as submitted by the parties because the Member has already been suspended by the Board for 15 days following the January 2010 incident and for 30 days following the April 5, 2013 incident.
The reprimand will allow the Committee to directly address its concerns with the Member, which will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.
The Committee finds that the course of instruction regarding anger management and effective student discipline will assist in the rehabilitation of the Member. The coursework will remind the Member of his obligations as a teacher and will help him to make better decisions in any future interactions with students.
Publication of this decision with the Member’s name is now mandatory in accordance with subsection 45.1 of the Act. Accordingly, the Committee’s decision and reasons will be published with the Member’s name on the College’s website and a summary will be published with the Member’s name in the official publication of the College, Professionally Speaking/Pour parler profession.
The Committee is satisfied that the jointly proposed penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: June 29, 2017
Robert Gagné
Chair, Discipline Panel
______________________________ Louis Sloan
Member, Discipline Panel
Ravi Vethamany, OCT
Member, Discipline Panel