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 John Stephen Wayne McGraw, a member of the Ontario College of Teachers.
PANEL: Tom Potter, Chair Ann Ciaschini, OCT Ravi Vethamany, OCT
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Ava Arbuck, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Daniela Spano, Law Clerk
- and –
JOHN STEPHEN WAYNE MCGRAW (CERTIFICATE #192980) John Stephen Wayne McGraw, Self-represented
Robin McKechney, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: June 15, 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 January 15, 2016. John Stephen Wayne McGraw (the “Member”) was self-represented, but he did not attend the hearing of this motion.
SUBMISSIONS OF COLLEGE COUNSEL
College Counsel sought the Committee’s permission to withdraw the allegations of professional misconduct set out in the Notice of Hearing. According to College Counsel, after having interviewed potential witnesses and assessing the anticipated evidence, there was no reasonable prospect of obtaining a finding of professional misconduct, should the matter proceed to a hearing, due to insufficient evidence.
DECISION
Having considered the submissions of College Counsel, the Committee authorizes the College to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing dated January 15, 2016.
REASONS FOR DECISION
The Committee has the authority 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.
Dated: June 15, 2018
Tom Potter Chair, Discipline Panel
Ann Ciaschini, OCT Member, Discipline Panel
Ravi Vethamany, OCT Member, Discipline Panel