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
Joanne Sarah Rhamey, a member of the Ontario College of Teachers at all material times.
PANEL: Colleen Landers, Chair Merzak Damou, OCT Stéphane Vallée, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Janice Duggan for Ontario College of Teachers, assisted by Fiona Wang, Law Clerk
– and –
JOANNE SARAH RHAMEY (CERTIFICATE #171918) Patricia D’Heureux, Cavalluzzo Shilton McIntyre Cornish LLP, for Joanne Sarah Rhamey
Erica Richler, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: August 2, 2017
DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Discipline Committee (the “Committee”) to withdraw the allegations set out in the Notice of Hearing (Exhibit 1) dated October 18, 2016. Joanne Sarah Rhamey (the “Member”) was not in attendance for the hearing of this motion but had legal representation.
UNDERTAKING AND ACKNOWLEDGMENT
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing dated October 18, 2016 in exchange for the Undertaking and Acknowledgment of Joanne Sarah Rhamey (the “Undertaking and Acknowledgment”) dated June 29, 2017, in which she agreed to the following terms, conditions or limitations:
I acknowledge that I resigned my membership with the Ontario College of Teachers (the “College”) on May 19, 2016 and that my current status with the College is “Cancelled-Resigned.”
I undertake that I will never teach again in any public or private school in Ontario or work in any position which requires membership with the College, unless I successfully obtain reinstatement of my Certificate of Qualification and Registration which reinstatement is subject to paragraph 3 of this Undertaking and Acknowledgement.
I undertake that I will not seek reinstatement of my Certificate of Qualification and Registration unless I have provided evidence satisfactory to the Registrar of the College (the “Registrar”) of successful completion of coursework, at my own expense and pre-approved by the Registrar, in relation to maintaining appropriate boundaries with students.
I understand that a breach of this Undertaking and Acknowledgement may constitute professional misconduct, and that in those circumstances, the College will be at liberty to commence proceedings against me relating to any breach or to re-institute these proceedings.
I acknowledge that the College’s Public Register (the “Register”) will have the following notation:
“On June 29, 2017 the Member undertook not to teach unless her Certificate of Qualification and Registration is subsequently reinstated. The Member gave her undertaking while a disciplinary proceeding was pending.”
I acknowledge that there may be other amendments made to the Register, including to the Status; Terms, Conditions or Limitations; and Status History sections of my Registered Member Profile.
I acknowledge that I understand that disciplinary decisions are available on the College’s website.
I acknowledge that I understand the scope, purpose and effect of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.
The Undertaking does not constitute any admission on the part of the Member in relation to any of the allegations set out in the Notice of Hearing referred to above, nor is it to be interpreted as such in this or any related proceeding.
DECISION
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 dated October 18, 2016 in exchange for the Undertaking and Acknowledgment of the Member dated June 29, 2017.
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 finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment in these circumstances is reasonable and serves to protect the public interest.
Date: August 2, 2017
Colleen Landers Chair, Discipline Panel
Merzak Damou, OCT Member, Discipline Panel
Stéphane Vallée, OCT Member, Discipline Panel