DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Mate 2018 ONOCT 65

Date: 2018-11-19

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

Dinah Cherise Magdalene Mate, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DINAH CHERISE MAGDALENE MATE (REGISTRATION #437930)

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 Annie Lacroix, Law Clerk

Kirsty Niglas-Collins of KNC Law, for Dinah Cherise Magdalene Mate, assisted by Jack Brown, Student-at-Law, of Ontario Secondary School Teachers’ Federation

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.

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on November 14, 2018 at the Ontario College of Teachers (the “College”) at Toronto.

A Notice of Hearing dated September 7, 2017 (Exhibit 1) was served on Dinah Cherise Magdalene Mate (the “Member”), requesting her presence on October 2, 2017 to set a date for hearing and specifying the allegations. The hearing was subsequently set for November 14, 2018.

The Member was in attendance for the hearing and had 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

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 verbally, contrary to Ontario Regulation 437/97, subsection 1(7);¹

(c) she abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(d) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(e) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1)(c) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);

(f) 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

(g) 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. Dinah Cherise Magdalene Mate 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 respecting the Member.

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

September 2009

3. On or about September 28, 2009, the Member swore at students in her Grade [XXX] [XXX] class.

4. On or about September 30, 2009, the Member referred to a student in her Grade [XXX] [XXX] class as retarded.

5. On or about September 30, 2009, during her Grade [XXX] [XXX] class suggested that she would bring an automatic weapon to the School and use it to “take out” the School. Attached hereto and marked as Exhibit “B” is a copy of the discipline letter from the Principal of the School to the Member dated October 7, 2009 where the Member was order [sic] to complete a boundaries course.

December 2009

6. On or about December 8, 2009, the Member told one or more students in her Grade [XXX] [XXX] class to “shut the fuck up”.

7. In addition, on December 8, 2009, the Member had an interaction with a student that was visiting her class to borrow a book, in that she pushed the student out of the classroom. Attached hereto and marked as Exhibit “C” is a copy of the discipline letter from the Principal of the School to the Member dated February 24, 2010 where the Member was given a 15-day suspension without pay as a result of the incident.

September 2013

8. On or about September 25, 2013, the Member called a student in her Grade [XXX][XXX] class a “fucking retard” during a lockdown drill and pushed the student out of the way of the classroom door. Attached hereto and marked as Exhibit “D” are copies of student handwritten statements dated September 23, 2013. Attached hereto and marked as Exhibit “E” is a copy of the discipline letter from the Principal of the School to the Member dated November 13, 2013 where the Member was given a 20-day suspension without pay. This was grieved and the suspension was reduced to [sic] 10-day suspension without pay. Attached as Exhibit “F” is a copy of the letter regarding same.

9. The Member completed the boundaries course in connection with paragraph 8.

May 2014

10. On or about May 13, 2014, two School Based Safety Monitors were supervising students during dismissal. The Member upon exiting the school was described by the School Based Safety Monitors as frustrated, irate and irritated.

11. The Member made inappropriate comments to the School Based Safety Monitors in the presence of students and said words to the effect of:

(a) “It’s a good thing I’m not a violent person because I would go get a gun and shoot these kids”;

(b) “I hate this fucking place”;

(c) “Classroom management course; they can’t get rid of me yet”.

12. The School Based Safety Monitors reported the Member’s comments to the Vice-Principal of the School.

13. The Board conducted an investigation and the Member received a discipline letter and a 16-day suspension without pay. Attached hereto and marked as Exhibit “G” is a copy of the discipline letter from the Superintendent of Education and the Principal of the School to the Member dated June 6, 2016.

14. The Member resigned from the Board on or about June 30, 2018. Attached hereto and marked as Exhibit “H” is a copy of a letter from the Board to the Member dated May 28, 2018.

GUILTY PLEA

15. By this document,² the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 14 above (the “Admitted Facts”).

16. 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(7.1); 1(7.2); 1(15); 1(18); and 1(19).

17. 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 this Agreement voluntarily, unequivocally, and with the advice of legal counsel.

18. In light of the Admitted Facts and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

DECISION

Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (b) of the Notice of Hearing, namely that the Member contravened subsection 1(7) of Ontario Regulation 437/97, be withdrawn. The Committee granted this request.

Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Committee rendered an oral decision on November 14, 2018 finding 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(15), 1(18) and 1(19).

REASONS FOR DECISION

The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 14 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(7.1), 1(7.2), 1(15), 1(18) and 1(19).

Paragraphs 4-8 and 11 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 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1).

Paragraphs 4-8 and 11 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).

Paragraphs 4-8 and 11 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 4-8 and 11 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 4-8 and 11 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 that the Member appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);

2. direct the Registrar to suspend the Certificate of Qualification and Registration of the Member for a period of six months commencing on the date of the Order of the Discipline Committee relating to this matter and the fact of the suspension is to be recorded on the Register;

3. direct the Registrar to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions or limitations to be recorded on the Register until such time as they are fulfilled:

(a) prior to commencing or resuming any teaching position or any position for which a Certificate of Qualification and Registration (a “Teaching Position”) is required, the Member shall enrol in and successfully complete at her own expense, a course or courses of instruction pre-approved by the Registrar regarding anger management and appropriate classroom communications, subject to the following conditions:

(i) the Member will provide to the course practitioner approved by the Registrar, a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Order of the Discipline Committee;

(ii) following review of the documents noted at paragraph (i) above, the course practitioner will provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course practitioner shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member;

(b) within 30 days of her completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner which:

(i) confirms that the Member has successfully completed the course and reports on the progress of the Member with respect to addressing the outlined goals of the course.

PENALTY DECISION

In an oral decision rendered on November 14, 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 analogous cases presented by the parties: Ontario College of Teachers v. Speakman, 2013 ONOCT 84; Ontario College of Teachers v. Lowrie, 2015 ONOCT 53; Ontario College of Teachers v. Clements, 2016 ONOCT 11; Ontario College of Teachers v. O’Shea, 2017 ONOCT 8; Ontario College of Teachers v. Gray, 2017 ONOCT 104; and Ontario College of Teacher v. Bielby, 2018 ONOCT 38.

Reprimand

The Committee finds that the Member’s repeated pattern of inappropriate conduct, despite prior warnings and discipline from the Board, warrants a reprimand by her peers. The reprimand will allow the Committee to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.

Suspension

The Committee finds that suspending the Certificate of Qualification and Registration of the Member for a period of six months is proportionate to the misconduct committed by the Member. The duration of the suspension is within a reasonable range based on other similar cases before the College’s Discipline Committee. The Member’s misconduct formed a troubling pattern of disrespectful, unprofessional and abusive behaviour. Her misconduct took place in September and December 2009, September 2013, and May 2014. Her conduct was therefore not an isolated incident or a momentary lapse in judgment.

The Member made a number of demeaning comments to students, including telling one or more students to “shut the fuck up” and calling a student a “fucking retard”. Members of the profession are expected to encourage students; not to put them down. By making these comments to students, the Member showed a lack of care and respect, which is a breach of the Ethical Standards of the Teaching Profession. She also made inappropriately violent comments, including telling the School’s Safety Monitor, “it’s good thing I’m not a violent person because I would go get a gun and shoot these kids” and telling students that she would bring an automatic weapon to School and use it. These threatening comments are alarming. Members of the profession are expected to promote and participate in the creation of collaborative, safe and supportive learning communities. The Member’s unprofessional comments were a clear breach of the Standards of Practice for the Teaching Profession.

The Member’s conduct was also physically abusive. The Member pushed a student out of the classroom on or about December 8, 2009; and, pushed a student out of the way of the classroom door on or about September 25, 2013. The Member’s rough and aggressive interactions with students was unacceptable. Members of the profession must not use unnecessary physical force against students. The Member’s conduct fell below this expectation.

The suspension will serve as a specific deterrent to the Member and should cause her to reflect on the serious nature of her misconduct. Recording the fact of the suspension on the Register will serve as a general deterrent to other members of the profession.

Course

The Committee finds that the course or courses of instruction regarding anger management and appropriate classroom communication will assist in the rehabilitation of the Member, should she return to teaching. The coursework must be completed prior to the Member’s return to teaching, it will remind the Member of her obligations as a teacher and will help her to make better decisions in any future interactions with students. The coursework will also be tailored to the Member’s specific misconduct in this case and will provide her with more appropriate strategies to interact with students and to manage her emotions.

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

Date: November 19, 2018

Irene Dembek, OCT

Chair, Discipline Panel

______________________________ Godwin Ifedi

Member, Discipline Panel

Alicia Nunn, OCT

Member, Discipline Panel

Footnotes

1. 1Allegation withdrawn.
2. 2For the purposes of paragraphs 15 and 17, this “document” refers to the Agreed Statement of Facts and Guilty Plea.