Ontario College of Teachers v. Lolli, 2017 ONOCT 87

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Lolli 2017 ONOCT 87

Date: 2017-11-27

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

Walter Lolli, OCT, a member of the Ontario College of Teachers.

PANEL: Ravi Vethamany, OCT, Chair

Marie-Thérèse Hokayem

Jane Ishibashi

BETWEEN: )

) Zirka Jakibchuk,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,

– and – )

WALTER LOLLI ) Mandy Wojcik,

(CERTIFICATE #277491) ) Goldblatt Partners LLP, ) for Walter Lolli

) Erica Richler,

) Steinecke Maciura LeBlanc,

) Independent Legal Counsel

) ) Heard: November 22, 2017

DECISION, REASONS FOR DECISION AND ORDER

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 22, 2017 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing dated July 11, 2017 (Exhibit 1) was served on Walter Lolli (the “Member”), requesting his presence on August 2, 2017 to set a date for hearing, and specifying the charges. The hearing was subsequently set for November 22, 2017.

The Member was in attendance for the hearing and had legal representation.

THE ALLEGATIONS

IT IS ALLEGED that the Member is guilty of professional misconduct as defined in 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 verbally, contrary to Ontario Regulation 437/97, subsection 1(7);

(c) he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(d) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(e) 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);

(f) he contravened a law which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(g) he contravened a law such that the contravention has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);

(h) 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

(i) 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:

1. Walter Lolli is a member of the Ontario College of Teachers. In August 1997, the Member obtained a Certificate of Qualification and Registration. Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.

2. At all material times, the Member was employed by the Peel District School Board (the “Board”) as a teacher at School (the “School”) in[XXX], Ontario.

3. At all material times, Student 1 was a [XXX]-year-old grade [XXX] male student at the School.

4. On November 25, 2015, the Member was the outdoor supervisor during the morning nutrition break at the School. A group of grade [XXX] students approached the Member and advised him that Student 1 had deliberately thrown a [XXX] with which they had been playing onto the School roof.

5. The Member came over to Student 1, grabbed him by the arm, and pulled him up to the School. He then pushed Student 1 through the door into the School. On the way to the main office, the Member took Student 1 by the collar of his coat, pushed him backwards and said, “I’m going to tell your mother how much of a little shit you were.”

6. When the Member pushed Student 1 through the door, Student 1 reported that his neck snapped back.

7. When Student 1 said he would tell an adult what happened, the Member said to Student 1 words to the effect of, “Who do you think they’re going to believe? You’re just a kid.”

8. The Member took Student 1 to the vice-principal’s office. When the Member left, he said to Student 1, “This is not me, it’s you.”

Criminal Finding of Guilt[^1]

9. On or about December 29, 2015, the Member was criminally charged with assault contrary to section 266 of the Criminal Code (Canada).

10. On or about July 21, 2016, the Member pleaded guilty to the assault charge and received an absolute discharge. There were no probationary terms imposed.

11. Attached hereto and marked as Appendix “B” is a certified copy of the Court Information with Appearance Dates and Disposition.

12. Attached hereto and marked as Appendix “C” is a certified copy of the Transcript of the Member’s Guilty Plea and the Reasons for Sentence of the Honourable Justice D. Maund dated July 21, 2016.

Board Decision

13. On September 26, 2016, the Board issued a letter of discipline to the Member. The Board suspended the Member for two days without pay and transferred him to another school. Attached hereto and marked as Appendix “D” is a copy of the Board’s discipline letter dated September 26, 2016.

Coursework Completion

14. The Member completed, at his own initiative, a 20-hour course in “Stress and Anger Management and Professional Boundaries” provided by Dr. Marianna McVey, a College-approved course provider, in July 2016. Attached as Appendices “E” and “F” are a copy of the Course of Study Outline and the confirmation of completion from Ms. McVey dated July 18, 2016.

15. The Member also completed, at his own initiative, the Elementary Teachers’ Federation of Ontario (“ETFO”) one-day course in Classroom Management in November 2016. Attached as Appendix “G” is a copy of ETFO’s certificate of completion dated November 22, 2016.

16. Finally, the Member completed a one-hour counselling session in anger management with Homewood Health in December 2016. Attached as Appendix “H” is a copy of Homewood Health’s letter confirming completion of this program dated January 10, 2017.

GUILTY PLEA

17. By this document², the Member admits the truth of the facts and appendices referred to in paragraphs 1-16 above (the “Admitted Facts”).

18. 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(7), 1(7.1), 1(7.2), 1(15), 1(16), 1(17), 1(18) and 1(19).

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 prove the case against him and the right to have a hearing;

(d) he understands that the Discipline Committee’s decision and reasons shall be published on the College’s website, and that a summary of the Discipline Committee’s decision and reasons, including his name, shall be published in the official publication of the College;

(e) he understands that any agreement between his counsel and counsel for the College with respect to the penalty does not bind the Discipline Committee; and

(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.

20. In light of the Admitted Facts and circumstances and the plea of guilt, the College and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

DECISION

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(7), 1(7.1), 1(7.2), 1(15), 1(16), 1(17), 1(18) and 1(19).

REASONS FOR DECISION

The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 16 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(7), 1(7.1), 1(7.2), 1(15), 1(16), 1(17), 1(18) and 1(19).

Paragraphs 5-13 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 5, 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7).

Paragraphs 5 and 6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1).

Paragraphs 5, 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).

Paragraphs 5-13 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 5-13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member contravened a law which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16).

Paragraphs 5-13 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member contravened a law such that the contravention has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17).

Paragraphs 5-13 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 5-13 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 4), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:

1. 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 Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”).

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. De Petrillo, 2014 ONOCT 33, Ontario College of Teachers v. Jarzylo, 2014 ONOCT 50 and Ontario College of Teachers v. Thompson, 2017 ONOCT 49.

The Committee finds that the Member’s inappropriate and criminal conduct warrants a reprimand by his peers. While the Member’s misconduct is limited to a single occurrence in November 2015, its nature and severity is of concern to the Committee. By pushing a grade [XXX] student through a door, grabbing him by the collar, and verbally intimidating and belittling the student, the Member breached the professional standards. The Member’s conduct was disrespectful, he failed to provide a safe and supportive learning environment, he modeled inappropriate behaviour, and he demonstrated a significant lack of professional judgment. The reprimand will allow the Committee to directly address its concerns with the Member and 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.

Given that the Member has already completed the coursework described above (see Exhibit 2 at paragraphs 14 and 15) and has attended a counselling session to address his anger management issues, the Committee accepts the parties’ joint submission that a reprimand is an appropriate penalty in this case. The Committee is encouraged that the Member has taken proactive steps to address his misconduct by completing, at his own initiative, a course in “Stress and Anger Management and Professional Boundaries”, a course in Classroom Management, and a counselling session in anger management. The Committee urges the Member to continue to reflect on his actions and it reminds members of the profession that the use or threat of deliberate physical force that results in pain or injury or puts students at risk is completely unacceptable.

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 penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.

Date: November 27, 2017

Ravi Vethamany, OCT

Chair, Discipline Panel

______________________________ Marie-Thérèse Hokayem

Member, Discipline Panel

Jane Ishibashi

Member, Discipline Panel

Footnotes

1. 2For the purposes of paragraphs 17 and 19, this “document” refers to the Agreed Statement of Facts and Guilty Plea.
2. 1This heading originally read “Criminal Conviction for Assault.” During the hearing, it was amended with the consent of the parties to reflect that the finding of guilt does not represent a criminal conviction.