DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Fils-Aimé 2018 ONOCT 40

Date: 2018-10-02

DECISION, REASONS FOR DECISION AND ORDER

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 Pierre Fils-Aimé, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

PIERRE FILS-AIMÉ (CERTIFICATE #480278)

PANEL: Jean-Luc Bernard, OCT, Chair

Marlène Marwah

Sara Nouini, OCT

HEARD: October 2, 2018

Christine Lonsdale, McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk

Danielle Leon Foun Lin, Goldblatt Partners LLP, for Pierre Fils-Aimé

Renée Kopp, Jones Litigation Counsel LLP, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) of the Ontario College of Teachers (the “College”) on October 2, 2018 in Toronto.

A Notice of Hearing dated September 8, 2017, originally issued in English (Exhibit 1),¹ was served on Pierre Fils-Aimé (the “Member”), requesting his presence on October 12, 2017 to set a date for the hearing, and specifying the charges. The hearing was subsequently set for October 2, 2018.

The Member was in attendance for the hearing and had legal representation. The Committee was informed at the start of the hearing that the parties had entered into an agreement in connection with the hearing.

THE ALLEGATIONS

IT IS ALLEGED that Pierre Fils-Aimé is guilty of professional misconduct as defined in the Ontario College of Teachers Act, 1996 (the “Act”) in that:

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

(b) he abused one or more students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(c) he abused one or more students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(d) he 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);

(e) he 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);

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

AGREED STATEMENT OF FACTS

Counsel for the College presented to the Committee the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 3), which provides the following:

1. Pierre Fils-Aimé is a member of the Ontario College of Teachers. Attached as Exhibit "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 Toronto District School Board (the “Board”) as a teacher at [XXX] School (the “School”).

3. At all material times, Student 1 was a Grade [XXX] student at the School. The Member was his teacher.

4. On or about April 24, 2014, the Member gave a test to his class. Some students did not complete the test within the allotted time. The Member kept the students in question after school to complete the work. Student 1 was one of four students who had not completed the test and had to stay after school to complete it.

5. At the end of the day, Student 1 stated that he was not going to stay. Student 1 ran towards the Member, who was standing by the classroom door, holding it half-open to allow students to leave. When Student 1 tried to leave, the Member did not move away from the door. Student 1 pushed the Member in the chest several times to try to get past him and leave. While Student 1 was trying to get past him, the teacher was holding Student 1’s arm with one hand. The Member signaled for help.

6. While the Member was reaching for the intercom, Student 1 moved suddenly. Student 1 fell, hitting a garbage can and a recycling bin. The Member helped Student 1 to get up.

7. Discussion between the Member and Student 1 continued. They argued. The vice-principal arrived to intervene.

8. The incident was reported to the police and to the Children’s Aid Society (CAS). Following its investigation, the CAS verified allegations of risk of physical danger. A copy of the letter from the CAS dated June 1, 2014 is attached as Appendix B.

9. In June 2014, the Member was arrested by the police and charged with assault and forcible confinement. On March 25, 2015, the criminal charges against the Member were withdrawn by the Crown in exchange for a 12-month peace bond. The Member also agreed to have no contact with Student 1 for 12 months.

10. The Board carried out an investigation.

11. Following the Board’s investigation, the Member received a discipline letter and was suspended without pay for 20 days. The Member was transferred to another school. He was also required to attend a workshop session on classroom management, and sessions entitled “Restorative Practices Part I & II.” In addition, the Member was required to review policies with a superintendent. A copy of the discipline letter from the School principal dated December 9, 2015 is attached as Appendix C.

12. The Member filed a grievance in respect of the discipline letter dated December 9, 2015. Arbitration is pending.

13. On October 22, 2014, on his own initiative, the Member completed a classroom management course. On February 20, 2015, on his own initiative, the Member completed a course dealing with stress and anger management. A copy of the information on the courses taken by the Member is attached as Appendices D and E.

GUILTY PLEA

14. By this document, the Member admits the truth of the facts and exhibits referred to in the above paragraphs (the “Admitted Facts”).

15. The Member acknowledges that the Admitted Facts described above constitute professional misconduct and admits to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(7.2), 1(15), 1(18) and 1(19).

16. By this document the Member states that he:

(a) understands fully the nature of the allegations of professional misconduct against him;

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

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

(d) understands that the Decision and Reasons for Decision of the Discipline Committee will be posted on the College website, and that a summary of the Committee’s Decision and Reasons, including reference to his name, will be published in the official publication of the College, Pour parler profession/Professionally Speaking;

(e) understands that the agreement between the College and the Member does not bind the Discipline Committee in respect of the penalty; and

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

17. In light of the Admitted Facts described above and the Guilty Plea, 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 October 2, 2018 stating that the Member committed an act of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(7.2), 1(15), 1(18) and 1(19).

REASONS FOR DECISION

The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 13 of the Agreed Statement of Facts and Guilty Plea. He 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(7.1), 1(7.2), 1(15), 1(18) and 1(19).

Paragraphs 5, 7, 8, 9 and 11 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 5, 8 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused one or more students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1).

Paragraphs 5, 7 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused one or more students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).

Paragraphs 5, 7, 8, 9 and 11 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 5, 7, 8, 9 and 11 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 5, 7, 8, 9 and 11 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 4), the parties submitted that the appropriate penalty to be imposed by the Discipline Committee in this matter would be that the Committee:

1. direct that the Member appear before the Discipline Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, and the fact of the reprimand is to be recorded on 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) The Member shall enroll in and successfully complete, at his own expense, one or more courses of instruction pre-approved by the Registrar regarding classroom management and stress and anger management. The Committee acknowledges that the Member has fulfilled this condition at the time of the Decision, Reasons for the Decision and Order of the Committee;

(b) The Member shall submit to the Registrar one or more written certificates from the provider(s) of the courses stating that the Member has successfully completed said courses. The Committee acknowledges that the Member has fulfilled this condition at the time of the Decision, Reasons for the Decision and Order of the Committee.

PENALTY DECISION

In an oral decision rendered on October 2, 2018, the Committee accepted the Joint Submission on Penalty presented by the parties and made an order in accordance with the 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 has determined its jurisdiction to make the order in question, the law confines the Committee’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of justice or the discipline process into disrepute or would otherwise be 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 cases presented by College Counsel: Ontario College of Teachers v. Lolli, 2017 ONOCT 87, Ontario College of Teachers v. Thompson, 2017 ONOCT 49 and Ontario College of Teachers v. Quaglia, 2018 ONOCT 17.

The Committee finds that the Member’s inappropriate conduct warrants a reprimand from his peers. The Member held the arm of a [XXX] grade student when the student tried to push him and get past him in order to leave the Member’s classroom without permission. This conduct demonstrates poor classroom management on the Member’s part. Members of the teaching profession must foster a safe environment. They must never deliberately use physical force that causes pain or injury, or puts students at risk. The Member failed to meet these expectations in this case. The reprimand will allow the Committee to directly address the Member with its concerns, which will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to the other members of the profession.

The Committee acknowledges that the Member completed a course on classroom management on October 22, 2014 and another course on stress and anger management on February 20, 2015. These two courses were taken on his own initiative within a year after the incident in question, which took place in April 2014. The Committee is not aware of any subsequent disciplinary measure concerning the Member. It considers that these two courses have therefore contributed to the Member’s rehabilitation and reminded him of his obligations as a teacher. As a result, additional courses are not currently necessary.

The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.

October 2, 2018

Jean-Luc Bernard, OCT

Chair, Discipline Panel

______________________________ Marlène Marwah

Member, Discipline Panel

Sara Nouini, OCT

Member, Discipline Panel

Footnotes

1. 1At the Member’s request, the hearing took place in French and the Notice of Hearing, which was translated into French (Exhibit 2), was filed as evidence.