DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION ON MOTION
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
Nicola Domenic Vescio, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
NICOLA DOMENIC VESCIO (REGISTRATION #282006)
PANEL: Irene Dembek, OCT, Chair Godwin Ifedi Alicia Nunn, OCT
HEARD: November 14, 2018
Ava Arbuck of McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Amy Leung, Law Clerk
Jerry Raso of Ontario English Catholic Teachers’ Association, for Nicola Domenic Vescio
Julie Maciura of Steinecke Maciura LeBlanc, Independent Legal Counsel
On November 14, 2018 Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from a panel of the Discipline Committee (the “Committee”) to withdraw the allegations set out in the Notice of Hearing dated January 18, 2016 (Exhibit 1).
The Member was not in attendance for the hearing but had legal representation.
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 who assessed 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.
SUBMISSIONS OF MEMBER’S COUNSEL
Member’s Counsel accepted College Counsel’s submissions.
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 January 18, 2016.
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. The Committee accepts the submissions of College Counsel that there is 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: November 16, 2018
Irene Dembek, OCT Chair, Discipline Panel
Godwin Ifedi Member, Discipline Panel
Alicia Nunn, OCT Member, Discipline Panel