DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Millson 2018 ONOCT 18

Date: 2018-04-25

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

Lisa Ann Millson, OCT, a member of the Ontario College of Teachers.

PANEL: Ravi Vethamany, OCT, Chair

Godwin Ifedi

Sara Nouini, OCT

BETWEEN: )

) Zirka Jakibchuk,

ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers

) and Fiona Wang, Student-at-Law

– and – )

LISA ANN MILLSON ) Vanora Simpson,

(CERTIFICATE #472809) ) Goldblatt Partners LLP, ) for Lisa Ann Millson

) Robin McKechney,

) Steinecke Maciura LeBlanc, ) Independent Legal Counsel

) ) Heard: April 25, 2018

DECISION, REASONS FOR DECISION AND ORDER

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on April 25, 2018 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing dated December 7, 2017 (Exhibit 1) was served on Lisa Ann Millson (the “Member”), inviting the Member to participate in the scheduling of the hearing and specifying the allegations. The hearing was subsequently set for April 25, 2018.

The Member attended the hearing via video conference, in accordance with Rule 8 of the Rules of Procedures of the Discipline Committee and of the Fitness to Practise Committee, and had legal representation. The Committee was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.

THE ALLEGATIONS

The allegations against the Member in the Notice of Hearing are as follows:

IT IS ALLEGED that Lisa Ann Millson is guilty of professional misconduct as defined in the Ontario College of Teachers Act, 1996 (the “Act”) in that:

(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);

(b) she 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);

(c) she 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);

(d) she 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

(e) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).

AGREED STATEMENT OF FACTS

College Counsel presented the Committee with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:

1. Lisa Ann Millson is a member of the Ontario College of Teachers (the “College”). In January 2004, 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 Upper Canada District School Board (the “Board”) as a Grade 7/8 teacher at Thousand Islands Secondary School (the “School”) in Brockville, Ontario.

3. Between June 2011 and October 2014, the Member filed false benefit claims with the Board’s benefits provider for various healthcare services (including chiropractic, massage, physiotherapy and optical services) purportedly accessed between October 2010 and June 2014. These claims totalled $3,368.47. The Member was paid $2,886.97 on these claims.

Criminal Proceedings

4. In July 2015, the Member was charged with one count of fraud under $5,000 in relation to these false benefit claims.

5. On or about October 11, 2016, the Member pleaded guilty to and was found guilty of fraud under $5,000, contrary to section 380(1) of the Criminal Code (Canada). Attached hereto and marked as Appendix “B” is a copy of a transcript of the Proceedings on Guilty Plea heard before the Honourable Justice R. Knott in Brockville, Ontario.

6. The Member received a conditional discharge and was placed on probation for a period of 12 months. The Member made full restitution of the amount owing to the Board’s benefits provider.

7. The Member was also ordered to complete 20 hours of community service, in addition to the 80 hours of community service she had already completed prior to her sentencing on October 11, 2016.

Board Investigation and Decision

8. Through its investigation, the Board confirmed that the Member filed the false benefit claims detailed above.

9. In addition, the Board determined that the Member failed to provide the Board with information about her upcoming court dates, as she was directed to do verbally on September 7, 2016 and in writing on September 29, 2016 and that the Member falsely claimed a sick leave absence when she was in court on October 11, 2016.

10. On January 20, 2017, the Board issued a letter of discipline to the Member. The Board suspended the Member for 10 days without pay and imposed restrictions upon her return from suspension, including that she refrain from taking any position of additional responsibility related to the collection and distribution of school-generated funds for the next two calendar years, commencing January 23, 2017. Attached hereto and marked as Appendix “C” is a copy of the Board’s discipline letter dated January 20, 2017.

11. Although not in any way an excuse for her conduct, if the Member were to testify, she would state that her actions were motivated by her precarious financial situation. She is financially responsible for an aging mother and sister struggling with mental health issues. She was also involved in an emotionally abusive relationship, which left her with significant debts. In her desperation to meet her financial obligations, she committed the acts described above.

12. The Member acknowledges, without hesitation, that her acts were wrong and is genuinely remorseful.

GUILTY PLEA

13. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-12 above (the “Admitted Facts”).

14. The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against her, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(15), 1(16), 1(18) and 1(19).

15. By this document the Member states that:

(a) she understands fully the nature of the allegations against her;

(b) she understands that by signing this document she is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;

(c) she understands that by pleading guilty to the allegations, she is waiving the right to require the College to prove the case against her and the right to have a hearing;

(d) she 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 her name, shall be published in the official publication of the College;

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

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

16. 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 rendered an oral decision on April 25, 2018 finding the Member guilty of professional misconduct. In particular, the Committee found that the Member committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(15), 1(16), 1(18) and 1(19).

REASONS FOR DECISION

The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 12 of the Agreed Statement of Facts and Guilty Plea and pleaded guilty to the allegations of professional misconduct against her. She 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(15), 1(16), 1(18) and 1(19).

Paragraphs 3-10 and 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 3-10 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 3-7 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member contravened a law, the contravention of 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 3-10 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 3-10 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 3), 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 via video conference 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”);

2. direct the Registrar to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register until such time as they are fulfilled:

(a) within 90 days of the date of the Decision, Reasons for Decision and Order of the Committee, the Member shall enrol in and successfully complete at her own expense, a course of instruction, pre-approved by the Registrar, regarding ethical practice, subject to the following conditions:

(i) the Member will provide to a course practitioner, approved by the Registrar, a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter and the Decision, Reasons for Decision and Order of the Committee;

(ii) upon review of the documents noted at paragraph (i) above, the course practitioner will provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course practitioner shall also specify the length of the course to be undertaken by the Member and the assignments to be completed by the Member; and

(b) within 30 days of her completion of the course outlined in (a) above, the Member shall provide to the Registrar a written certificate from the course practitioner:

(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.

PENALTY DECISION

In an oral decision rendered on April 25, 2018, the Committee accepted the Joint Submission on Penalty presented by the parties and made 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. Kastner, 2017 ONOCT 1 and Ontario College of Teachers v. Tamburrino, 2016 ONOCT 49.

The Committee finds that the Member’s fraudulent conduct and her poor professional judgment warrant a reprimand by her peers. The Member acted dishonestly and unethically by filing false benefit claims with her Board’s benefits provider in the amount of $3,368.47. She also failed to provide her Board with upcoming court dates (as she had been directed to do), and she falsely claimed a sick day in order to attend her court proceedings on October 11, 2016. Members of the teaching profession are expected to act ethically and with integrity. They are leaders in their school communities and, as such, they have to model appropriate and ethical behaviour. The Member failed to meet these expectations. Although the Member’s conduct did not directly involve students, it has undermined the public’s confidence in teachers and tarnished the reputation of the teaching profession. 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.

The Committee finds that the course of instruction regarding ethical practice will serve a rehabilitative function in that it will reinforce for the Member of the importance of the Ethical Standards for the Teaching Profession, which include care, trust, respect and integrity. The coursework will remind the Member of her obligations as a teacher and of her professional commitments and responsibilities, and it will teach her to make better ethical decisions.

The Committee recognizes that the Member received criminal sanctions (12 months of probation and 20 hours of community service, in addition to the 80 hours of community service she had already completed prior to her sentencing on October 11, 2016) and employer discipline (a 10-day suspension without pay).

The Committee also recognizes that the Member is genuinely remorseful for her conduct and that she recognizes that her fraudulent conduct was wrong. While this does not excuse her behaviour, the Committee is encouraged that the Member has taken responsibility for her actions.

The Committee is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.

Date: April 25, 2018

Ravi Vethamany, OCT

Chair, Discipline Panel

______________________________ Godwin Ifedi

Member, Discipline Panel

Sara Nouini, OCT

Member, Discipline Panel