Ontario College of Teachers v. Grainger, 2017 ONOCT 98

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;

Citation: Ontario College of Teachers v Grainger 2017 ONOCT 98 Date: 2017-12-12

AND IN THE MATTER OF a discipline proceeding against David Benjamin Grainger, a retired member of the Ontario College of Teachers.

PANEL:

• Ravi Vethamany, OCT, Chair
• Marie-Thérèse Hokayem
• Colleen Landers

BETWEEN:

ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Amy Leung, Law Clerk

– and –

DAVID BENJAMIN GRAINGER (CERTIFICATE # 417510) David Benjamin Grainger, is self-represented but was not present

Julie Maciura, Steinecke Maciura LeBlanc, Independent Legal Counsel

Heard: December 12, 2017

DECISION ON MOTION

On December 12, 2017, College Counsel 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 February 8, 2016. David Benjamin Grainger (the “Member”) was not in attendance for the hearing of this motion and did not have 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 February 8, 2016 in exchange for the Undertaking and Acknowledgment of David Benjamin Grainger dated December 1, 2017 (the “Undertaking and Acknowledgment”), in which he agreed to the following terms and conditions:

1. I confirm that I resigned my membership from the teaching profession in Ontario by letter dated March 5, 2007, accepted by the Ontario Teachers’ Federation’s Relations and Discipline Committee on June 15, 2007. I confirm that my intention at that time was to resign my membership from the Ontario College of Teachers.

2. I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.

3. I undertake that I will not teach or work in any position which requires membership in the Ontario College of Teachers.

4. I understand that a breach of this Undertaking and Acknowledgment may constitute professional misconduct and that in those circumstances, the Ontario College of Teachers will be at liberty to initiate a complaint against me.

5. I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Cancelled- Resigned”.

6. I acknowledge that the status history on the Public Register regarding my Certificate of Qualification and Registration will state, “cancellation recommended by the Ontario Teachers’ Federation”, with the effective date of June 15, 2007.

7. I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgment and am executing same voluntarily, unequivocally, and without the advice of legal counsel.

DECISION

As agreed to by 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 February 8, 2016 in exchange for the Undertaking and Acknowledgment of the Member dated December 1, 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 Member has resigned his membership from the teaching profession in 2007 and he has undertaken never to seek reinstatement of his Certificate of Qualification and Registration. Given that the Member will not teach or work in any position that requires membership in the College, the Committee is satisfied that the public will be adequately protected. 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.

Dated: December 12, 2017

Ravi Vethamany, OCT Chair, Discipline Panel

Marie-Thérèse Hokayem Member, Discipline Panel

Colleen Landers Member, Discipline Panel