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 Luigi Ciro Vigilanti, OCT, a member of the Ontario College of Teachers.
PANEL: Ravi Vethamany, OCT, Chair Tom Potter Stéphane Vallée, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Amy Leung, Law Clerk
- and –
LUIGI CIRO VIGILANTI (CERTIFICATE #402429) Jerry Raso, Ontario English Catholic Teachers’ Association, for Luigi Ciro Vigilanti
Erica Richler, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: February 21, 2018
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 set out in the Notice of Hearing (Exhibit 1) dated March 7, 2017. Luigi Ciro Vigilanti (the “Member”) was not in attendance for the hearing of this motion but was represented by legal counsel.
SUBMISSIONS OF COLLEGE COUNSEL
College Counsel advised the Committee that the Member consented to the withdrawal of the allegations of professional misconduct against the Member set out in the Notice of Hearing. College Counsel 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.
SUBMISSIONS OF MEMBER’S COUNSEL
Member’s Counsel submitted that, should the matter proceed to a hearing, the Member would testify that the alleged misconduct was accidental and that a colleague of the Member who was present at the time of the events would corroborate the Member’s position.
DECISION
Having considered the submissions of College Counsel and Member’s Counsel 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 dated March 7, 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 accepts the submission of College Counsel 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: February 21, 2018
Ravi Vethamany, OCT Chair, Discipline Panel
Tom Potter Member, Discipline Panel
Stéphane Vallée, OCT Member, Discipline Panel