DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
ORAL DECISION ON FINDING
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
Avery Jean Wilson a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
AVERY JEAN WILSON (REGISTRATION #642874)
PANEL: Tom Potter, Chair Jean-Luc Bernard, OCT Sara Nouini, OCT
HEARD: December 7, 2018
Andrew Matheson of McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Eleanor Enniss, Law Clerk
Avery Jean Wilson, self-represented
Erica Richler of Steinecke Maciura LeBlanc, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsections 32.1(3) and 32.1(4) 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 and the person who was allegedly sexually abused or the subject of the sexual misconduct or prohibited act involving child pornography.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on December 7, 2018 at the Ontario College of Teachers (the “College”) at Toronto.
Avery Jean Wilson (the “Member”) was self-represented but was not in attendance for the hearing.
DECISION
Onus and standard of proof
The College bears the burden of proving the allegations in accordance with the standard of proof set out in F.H. v. McDougall, 2008 SCC 53, which is proof on a balance of probabilities.
Decision
Having considered the evidence, onus and standard of proof, and the submissions of College Counsel, the Committee found that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(7.2), 1(7.3), 1(14), 1(15), 1(18) and 1(19).
PENALTY
The Committee will hear submissions on penalty on a date to be fixed by the Hearings Co-ordinator.
A written decision with reasons will follow.
Date: December 7, 2018
Tom Potter Chair, Discipline Panel
Jean-Luc Bernard, OCT Member, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel