DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Brent Lawrence Douglas Hachborn, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
BRENT LAWRENCE DOUGLAS HACHBORN (REGISTRATION #492217)
PANEL: John Hamilton, OCT, Chair Alicia Nunn, OCT Tom Potter
HEARD: October 23, 2018
Ava Arbuck of McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk Brent Lawrence Douglas Hachborn, self-represented Robin McKechney of Steinecke Maciura LeBlanc, 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.
By order of Justice B. Waugh of the Ontario Court of Justice, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 486.4 of the Criminal Code of Canada.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 23, 2018 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated May 22, 2018 (Exhibit 1) was served on Brent Lawrence Douglas Hachborn (the “Member”), inviting him to participate in the scheduling of the hearing and specifying the allegations. The hearing was subsequently set for October 23, 2018.
The Member was not in attendance for the hearing and did not have 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
IT IS ALLEGED that the Member 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 failed to comply with the Act or the regulations or the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14);
(c) 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);
(d) he 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);
(e) he contravened a law, the contravention of which may cause a student to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);
(f) 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); and
(g) he 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:
Brent Lawrence Douglas Hachborn is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the Grand Erie District School Board (the “Board”). From about 2011 to 2015, the Member was employed by the Board as an [XXX] teacher at [XXX] School (the “School”) in Brantford, Ontario.
From September 2015 to February 2016, the Member was employed by the Board as vice-principal at [XXX] School in [XXX], Ontario, and at [XXX] School in [XXX], Ontario. Although no longer a teacher at the School, the Member continued to visit the School on a regular basis.
In or about 2015 and 2016, the Member:
(a) placed a hidden camera in a staff washroom at the School;
(b) used the hidden camera to make video recordings of staff using the toilet, without their knowledge or consent;
(c) retrieved the video recordings at regular intervals in order to watch the recordings.
Effective May 16, 2016, the Member’s employment with the Board was terminated. Attached hereto and marked as Exhibit “B” is a copy of the Board’s letter to the Member dated June 1, 2016.
On March 24, 2017, the Member was found guilty of nine counts of voyeurism contrary to section 162(1)(a) of the Criminal Code of Canada. Attached hereto and marked as Exhibit “C” is a copy of the transcript from the March 24, 2017 proceedings in the Ontario Court of Justice before the Honourable Justice R. Gee.
On June 8, 2017, the Member received a conditional sentence of 16 months, followed by two years’ probation. The Member was also required [XXX]. Attached hereto and marked as Exhibit “D” is a copy of the transcript from the June 8, 2017 sentencing hearing in the Ontario Court of Justice before the Honourable Justice R. Gee.
GUILTY PLEA
By this document,1 the Member admits the truth of the facts and exhibits referred to in the paragraphs above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(14), 1(15), 1(16), 1(17), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations against him;
(b) he 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) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to otherwise prove the case against him and the right to have a hearing;
(d) he 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 his name, shall be published in the official publication of the College;
(e) he understands that any agreement between the parties with respect to the penalty proposed does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the opportunity to obtain advice from legal counsel.
- In light of the Admitted Facts and circumstances and the guilty plea, the Ontario College of Teachers and the Member jointly 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 College Counsel, the Committee rendered an oral decision on October 23, 2018 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(14), 1(15), 1(16), 1(17), 1(18) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 7 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. 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(14), 1(15), 1(16), 1(17), 1(18) and 1(19).
Paragraphs 3-7 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 3-7 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to comply with the Act or the regulations or the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14).
Paragraphs 3-7 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 4, 6 and 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 4, 6 and 7 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member contravened a law, the contravention of which may cause a student to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17).
Paragraphs 3-7 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 3-7 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:
- direct the Registrar of the Ontario College of Teachers to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar.
PENALTY DECISION
In an oral decision rendered on October 23, 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 cases presented by College Counsel: Ontario College of Teachers v. Jack 2013 ONOCT 52 and Ontario College of Teachers v. Canacari, 2017 ONOCT 4.
The Committee finds that the Member’s egregious misconduct warrants revocation in this case. In or about 2015 and 2016, the Member placed a hidden camera in a staff washroom at the School. He used this camera to make video recordings of staff members using the toilet without their knowledge or consent, and retrieved those recordings for his own personal gratification. In doing so, the Member abused his position of trust and authority as both a vice-principal, and as a former teacher at the School.
The Committee notes the following mitigating factors as outlined by the Honourable Justice R. Gee of the Ontario Court of Justice: the Member had no prior criminal record; the video recordings were used for the Member’s own personal use and were not disseminated in any way; no children or women were recorded; upon arrest the Member accepted responsibility for his actions and pled guilty to nine counts of voyeurism; the Member voluntarily sought counselling; and the Member was considered a “low risk” to reoffend. Further, the Committee notes that the Member had no prior discipline history with the College and has accepted responsibility in this matter by showing remorse and pleading guilty to the allegations of professional misconduct in the Notice of Hearing.
As outlined by the Honourable Justice R. Gee of the Ontario Court of Justice, the Committee finds the following aggravating factors: the Member’s misconduct was planned, deliberate, sophisticated and took place over a lengthy period of time; there were nine individuals caught on the recordings (a principal, five teachers, two youth workers, and a custodian); the misconduct constituted a gross violation of the privacy interests of the individuals recorded; the Member exploited the trust of his prior colleagues and took advantage of their friendship in order to persist in his activities after leaving the School; the impact on the individuals caught on the recordings was profound and constituted “a sense of betrayal” (Exhibit 2, tab D); and the Member’s misconduct significantly impacted the school community, other colleagues, and the Member’s own family. The Committee also finds it aggravating that the misconduct took place in a school thereby putting students at risk. Although the camera was placed in the staff washroom, a student could have used that washroom and been caught on the recording device. These aggravating factors significantly outweigh the mitigating factors set out above.
The Committee finds that the Member’s misconduct severely undermined the public confidence in the teaching profession. His misconduct demonstrated a profound lack of judgment, violated any sense of public decency, and constituted a severe breach of public trust. As a result, the Member has lost the privilege of holding a Certificate of Qualification and Registration and being a member of the teaching profession in Ontario.
The Committee is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: October 31, 2018
John Hamilton, OCT
Chair, Discipline Panel
Alicia Nunn, OCT
Member, Discipline Panel
Tom Potter
Member, Discipline Panel