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
Amelia Claire Kathleen Keogan, OCT, a member of the Ontario College of Teachers.
PANEL: Tom Potter, Chair
Ann Ciaschini, OCT
Irene Dembek, OCT
BETWEEN: ) ) Ava Arbuck,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted Annie Lacroix,
) Law Clerk
– and – )
) Jerry Raso, ) Ontario English Catholic
AMELIA CLAIRE KATHLEEN KEOGAN ) Teachers’ Association,
(CERTIFICATE #453454) ) for Amelia Claire Kathleen Keogan
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: June 23, 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 of professional misconduct set out in the Notice of Hearing (Exhibit 1) dated November 10, 2014. Amelia Claire Kathleen Keogan (the “Member”) was not in attendance for the hearing of this motion, but she was represented by legal counsel who was present.
SUBMISSIONS OF THE PARTIES
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.
Member’s Counsel submitted that this matter should never have been referred to the Discipline Committee in the first place, and that it was therefore appropriate to withdraw all of the allegations contained in the Notice of Hearing. The Halton Children’s Aid Society had conducted an investigation and found that the Member had not violated section 72 of the Child and Family Services Act, R.S.O. 1990, c. C.11, which sets out a duty to report. According to Member’s Counsel the Notice of Hearing makes no mention of the fact that the Member did not fail to report the conduct of a former [XXX] of hers, and it therefore misrepresents the facts in this matter. Member’s Counsel further submitted that the Notice of Hearing has been posted on the College website for two years, which has caused stress and embarrassment to the Member.
DECISION
Having considered the submissions of the parties 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 submissions of the parties, including the College’s position 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: July 10, 2017
______________________________ Tom Potter
Chair, Discipline Panel ______________________________ Ann Ciaschini, OCT Member, Discipline Panel
Irene Dembek, OCT
Member, Discipline Panel