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
Fraser Richard Clarke, OCT, a member of the Ontario College of Teachers.
PANEL: Claudia Patenaude-Daniels, OCT, Chair Marie-Thérèse Hokayem
Sara Nouini, OCT
BETWEEN: ) Ava Arbuck,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
- and – )
FRASER RICHARD CLARKE ) Jerry Raso,
(CERTIFICATE # 472754) ) Ontario English Catholic
) Teachers’ Association
) for Fraser Richard Clarke
) Rebecca Durcan,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel )
) ) Heard: December 18, 2017
DECISION ON MOTION
On December 18, 2017, Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing (Exhibit 1) dated December 11, 2014.
The Member was not in attendance for the hearing but had legal representation.
DECISION
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 December 11, 2014.
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. In light of the Member’s case having previously been dealt with by another Committee of the College, this Committee finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.
Date: January 9, 2018
Claudia Patenaude-Daniels, OCT
Chair, Discipline Panel
Marie-Thérèse Hokayem
Member, Discipline Panel
Sara Nouini, OCT
Member, Discipline Panel