DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Jones 2018 ONOCT 59

Date: 2018-12-10

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

Jaclyn Lindsay Jones, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JACLYN LINDSAY JONES (REGISTRATION # 529836)

PANEL: Rebecca Forte, OCT, Chair

Alicia Nunn, OCT

Jonathan Rose

HEARD: November 27, 2018

Ava Arbuck of McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk

Jaclyn Lindsay Jones, self-represented

Julie Maciura 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 Stephen J. Hunter of the Ontario Court of Justice, there is also a publication ban on any information that could identify the victims 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 November 27, 2018 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing dated August 23, 2018 (Exhibit 1) was served on Jaclyn Lindsay Jones (the “Member”), inviting her to participate in the scheduling of the hearing and specifying the allegations. The hearing was subsequently set for November 27, 2018.

The Member was self-represented, but she was not in attendance for the hearing. 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 the Member 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 abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(c) she abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;

(d) she failed to comply with the Act or the regulations or the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14);

(e) 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);

(f) she 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);

(g) she 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);

(h) 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

(i) 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. Jaclyn Lindsay Jones 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, together with a screenshot of the Registered Member Information showing the Members previous name as McLaren, with respect to the Member.

2. At all material times, the Member was employed by the Hastings and Prince Edward District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in [XXX], Ontario.

3. At all material times, Student 1, Student 2, Student 3, Student 4, Student 5, Student 6, Student 7 and Student 8 were male students of the Board.

4. Between October 2013 and February 2016 the Member engaged in sexual touching of Students 1 and 2, communication of a sexual nature with Students 1, 2, 3, 4, 5, 6, 7 and 8 and transmission of sexual images with Students 1, 2 and 3.

5. On or about March 7, 2017 the Member was found guilty in the Ontario Court of Justice of:

(a) sexual exploitation with regard to Student 1, contrary to section 153(1)(a) of the Criminal Code of Canada;

(b) communication by means of telecommunication with Student 1, for the purpose of facilitating the commission of an offence under section 153(1)(b) of the Criminal Code of Canada, contrary to section 172.1(1)(b) of the Criminal Code of Canada;

(c) possession of child pornography images of Student 1, Student 2 and Student 3, contrary to section 163.1(4) of the Criminal Code of Canada;

(d) sexual exploitation with regard to Student 2, contrary to section 153(1)(a) of the Criminal Code of Canada;

(e) communication by means of telecommunication with Student 2 for the purpose of facilitating the commission of an offence under section 153(1)(b) of the Criminal Code of Canada, contrary to section 172.1(1)(b) of the Criminal Code of Canada;

(f) making sexually explicit material available to Student 5, Student 7 and Student 8 for the purpose of facilitating the commission of an offence under section 152 of the Criminal Code of Canada, contrary to section 171.1(1)(a) of the Criminal Code of Canada;

(g) making sexually explicit material available to Student 1, Student 2, Student 3, Student 4 and Student 6, for the purpose of facilitating the commission of an offence under section 152 of the Criminal Code of Canada, with respect to those persons, contrary to section 171.1(1)(b) of the Criminal Code of Canada.

Attached hereto and marked as Exhibit “B” is a copy of the transcript of the Member’s Arraignment and Plea.

6. On or about May 19, 2017, the Member was sentenced to 2 years in a federal penitentiary. Attached hereto and marked as Exhibit “C” is a copy of the transcript of sentencing.

7. Attached hereto and marked as Exhibit “D” are certified copies of the Adult Probation Order, [XXX], Prohibition Order, Order of Disposition, and [XXX].

8. On or about May 24, 2017 the Member was terminated by the Board. Attached hereto and marked at Exhibit “E” is a copy of the letter of termination.

GUILTY PLEA

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

10. 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(7.2), 1(7.3), 1(14), 1(15), 1(16), 1(17), 1(18) and 1(19).

11. 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 otherwise 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 and counsel for the College with respect to the penalty proposed does not bind the Discipline Committee;

(f) she understands and acknowledges that she is executing the Agreed Statement of Facts and Guilty Plea voluntarily, unequivocally, and with the opportunity to obtain advice from legal counsel.

12. 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 College Counsel, the Committee rendered an oral decision on November 27, 2018 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(14), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member also engaged in sexual abuse of a student of a nature defined in section 1 of the Act.

As required by subsection 30.2(1)(c)(i) of the Ontario College of Teachers Act, 1996, the Committee made an interim order directing the Registrar to suspend the Member’s certificate of qualification and registration until the Committee made its order on sanction.

REASONS FOR DECISION

The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 8 of the Agreed Statement of Facts and Guilty Plea and admitted 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(7.2), 1(7.3), 1(14), 1(15), 1(16), 1(17), 1(18) and 1(19).

Paragraphs 4-6 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 4-6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).

Paragraphs 4-6 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and engaged in sexual abuse of students as defined in section 1 of the Act.

Paragraphs 4-6 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 4-6 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 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 5-7 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 4-6 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 4-6 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 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; and

2. direct that the Member receive a written reprimand, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”).

PENALTY DECISION

In an oral decision rendered on November 27, 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 Member’s misconduct consisted of the sexual abuse of students and prohibited acts involving child pornography, and it involved acts listed at subsection 30.2(2) of the Act. As set out above, and in accordance with subsection 30.2(1)(c)(i) of the Act, the Committee made an interim order on November 27, 2018, directing the Registrar to suspend the Member’s certificate of qualification and registration until the Committee made its penalty order. The Committee is also required to, and has therefore, made an order: requiring that the Member be reprimanded by the Committee; and directing the Registrar to revoke the Member’s certificate of qualification and registration. The Committee notes that it has no discretion in this regard. The Committee denounces the Member’s egregious misconduct in the strongest terms.

With respect to the form of the reprimand, the Committee accepts the parties’ request that the reprimand be delivered in written form, as per the parties’ Joint Submission on Penalty. The Committee recognizes that the Member participated and cooperated in the discipline process leading up to the hearing, which conserved the judicial resources that would have been necessary to conduct a contested hearing.

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

Date: December 10, 2018

Rebecca Forte, OCT

Chair, Discipline Panel

______________________________ Alicia Nunn, OCT

Member, Discipline Panel

Jonathan Rose

Member, Discipline Panel

Footnotes

1. 1For the purposes of paragraphs 9 and 11, this “document” refers to the Agreed Statement of Facts and Guilty Plea.