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
Beverley Albert Fisher, a member of the Ontario College of Teachers.
PANEL: Vicki Shannon, OCT, Chair
Sara Nouini, OCT
Tom Potter
BETWEEN: ) Christine Wadsworth,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Amy Leung,
) Law Clerk
– and – )
BEVERLEY ALBERT FISHER ) Bianca Bell,
(CERTIFICATE #467999) ) Ursel Phillips Fellows Hopkinson LLP, ) for Beverley Albert Fisher
) Robin K. McKechney,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: December 5, 2017
ORAL DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on December 5, 2017 at the Ontario College of Teachers (the “College”) at Toronto. The Member was not in attendance for the hearing but had legal representation.
DECISION
The parties requested that the Committee combine both Notices of Hearing so that this matter could proceed in a single hearing. The Committee granted this request.
Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (c) of the first Notice of Hearing (dated October 28, 2013), namely that the Member contravened subsection 1(7.3) of Ontario Regulation 437/97, be withdrawn. Counsel for the College similarly requested that the allegations of professional misconduct outlined in paragraphs (b), (d) and (e) of the second Notice of Hearing (dated September 30, 2015), namely that the Member contravened subsections 1(7), 1(7.3) and 1(15) of Ontario Regulation 437/97, be withdrawn. The Committee granted these requests.
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(7.2), 1(18) and 1(19).
PENALTY DECISION
The Committee accepts the Member’s signed Resignation, Undertaking and Acknowledgment, which he makes on the following terms and conditions:
I hereby resign as a member of the Ontario College of Teachers with immediate effect.
I undertake that following my resignation, I will not teach in any public or private school in Ontario or work in any position which requires membership in the Ontario College of Teachers.
I undertake that if, in the future, I seek to apply for a Certificate of Qualification and Registration, or to apply for reinstatement of my Certificate of Qualification and Registration, I will first successfully complete a course on boundaries and boundary violations with students, which has been pre-approved by the Registrar, and will provide proof of successful completion of same to the Registrar, before submitting my application to be considered by the College.
I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled”, with a notation referring to the fact that I have undertaken to successfully complete coursework on boundaries and boundary violations prior to seeking reinstatement of or applying for a Certificate of Qualification of Registration:
“On December 5, 2017, before the Discipline Committee at the College, the Member resigned his membership with the Ontario College of Teachers and signed an undertaking not to reapply without having successfully completed coursework pre-approved by the Registrar.”
- I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.
In addition to the Member’s Resignation, Undertaking and Acknowledgment, the Committee accepts the parties’ Joint Submission on Penalty and makes the following order as to penalty:
- The Member is directed to appear before the Committee within 120 days of the date of this Order, on a date to be arranged by the Member, 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”).
A written decision with reasons will follow.
Date: December 5, 2017
Vicki Shannon, OCT
Chair, Discipline Panel
______________________________ Sara Nouini, OCT
Member, Discipline Panel
Tom Potter
Member, Discipline Panel