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
Sonya Marie Yvette Dean, a member of the Ontario College of Teachers at all material times.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
SONYA MARIE YVETTE DEAN (REGISTRATION #278606)
PANEL: Alicia Nunn, OCT, Chair Sara Nouini, OCT Bill Petrie
HEARD: November 30, 2018
Ava Arbuck of McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Annie Lacroix, Law Clerk
Adrienne Lei of Dewart Gleason LLP, for Sonya Marie Yvette Dean
Erica Richler 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 30, 2018 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated March 7, 2017 (Exhibit 1) was served on Sonya Marie Yvette Dean (the “Member”)1, requesting her presence on April 13, 2017 to set a date for hearing and specifying the allegations. The hearing was subsequently set for November 30, 2018.
The Member was not in attendance for the hearing but 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
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);2
(c) she abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in the sexual abuse of a student or students as defined in section 1 of the Act;3
(d) 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);
(e) 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
(f) 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:
Sonya Marie Yvette Dean was 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 Waterloo Region District School Board (the “Board”) as a [XXX] teacher at [XXX] School (the “School”) in Cambridge, Ontario.
At all material times during the 2011-2012 school year, Student 1 was a [XXX]-year-old male student in the Member’s Grade [XXX] [XXX] class at the School.
Between March 3, 2012 and April 13, 2012, the Member and Student 1 communicated over Facebook. Their conversations related to alcohol consumption and contained language that Student 1 considered to be of a flirtatious nature.
During the summer of 2012, the Member sent private professional photographs of herself to Person A, with whom she was involved in a consensual sexual relationship. Person A was not a student at the School.
Without the Member’s consent, Person A forwarded the photographs to his younger brother, Student 2, who was a male student in Grade [XXX] at the School during the 2012-2013 school year. Student 2, in turn, forwarded the photographs to other students at the School, including Student 3, without the Member’s consent.
During the 2012-2013 school year, the Member met Student 2 and his friends outside of School and in the evenings. She purchased lunches and dinners for Student 2 and sometimes for his friends at restaurants, and on occasion prepared meals for Student 2 and his friends, at Student 2’s request.
During the 2012-2013 school year, the Member purchased alcohol for Student 2, at his request.
The Member purchased alcohol and meals for Student 2 and his friends as set out above because Student 2 threatened to disclose to her family the fact that she was involved in a sexual relationship with Person A.
On or about June 26, 2013, the Member was charged with criminal offences relating to Facebook communications with Student 1 and sending private professional photographs to three students, including Students 2 and 3.
On or about June 26, 2015, the Member resigned her employment with the Board.
On or about June 26, 2015, the Member resigned her membership in the Ontario College of Teachers and undertook “not to reapply to the College or to any other provincial college regulating the profession of teaching in Canada.” Attached hereto and marked as Exhibit “B” is a copy of the Member’s signed Notice of Resignation and Undertaking.
On or about July 15, 2015, in the Ontario Court of Justice, the Member entered into a twelve-month Peace Bond with the condition that she have no contact with Student 1 and Student 3, and the criminal charges were withdrawn at the request of the Crown. Attached hereto and marked as Exhibit “C” is an excerpt of the Peace Bond Proceedings containing the Crown’s submissions to proceed in this fashion having regard to both the reasonable prospect of conviction and the public interest.
In January 2013, the Member began medication for depression and anxiety. In July 2013, the Member was found to be suffering from mental health disabilities including but not limited to clinical depression, addiction and anxiety. The Member believes that there was a nexus between her disabilities and the conduct which gave rise to the complaint.
GUILTY PLEA
By this document,4 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 her, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(15), 1(18) and 1(19).
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 advice of legal counsel.
- In light of the Admitted Facts and circumstances 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 allegations of professional misconduct outlined in paragraphs (b) and (c) of the Notice of Hearing, namely that the Member contravened subsections 1(7.2) and 1(7.3) of Ontario Regulation 437/97, be withdrawn. The Committee accepted the submission of College Counsel that there was insufficient evidence to make a finding with respect to these allegations and therefore granted the 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 30, 2018 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 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(15), 1(18) and 1(19).
Paragraphs 4, 7 and 8 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, 7 and 8 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, 7 and 8 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, 7 and 8 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 4), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:
direct that the Member appear before the Committee immediately following the hearing of this matter, or on a date to be arranged by the Member within 90 days of the date of the Committee’s Order, 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”); and
direct the Registrar to suspend the certificate of qualification and registration of the Member for a period of 12 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.
PENALTY DECISION
In an oral decision rendered on November 30, 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. Because the Member was not present to receive a reprimand immediately following the hearing, she must appear before the Committee within 90 days of the date of the Committee’s order to receive a reprimand which will be delivered in person at the College, as agreed to by the parties.
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. Although the status of the Member’s certificate of qualification and registration at the time of the hearing was “Cancelled-Resigned”, the Committee notes that the Member held a certificate of qualification and registration at the time of the events in question. Therefore, pursuant to subsection 14(5) of the Act, the Committee has continuing jurisdiction over the Member.
Moreover, the Committee accepts the parties’ submission and the advice of Independent Legal Counsel that it is appropriate to order a penalty in cases where a member no longer holds a teaching certificate at the time of the hearing. The Committee must determine an appropriate penalty in cases that are before it. In Ontario College of Teachers v. Gilbert, 2017 ONOCT 91, for example, revocation was ordered despite the fact that Mr. Gilbert’s teaching certificate had previously been revoked for another instance of professional misconduct.
The Committee finds that the penalty proposed in the Joint Submission on Penalty is reasonable given the circumstances of this case, and is in line with previous cases involving similar misconduct before the Discipline Committee: see, for example, Ontario College of Teachers v. Montgomery, 2018 ONOCT 4 (“Montgomery”). The Committee is also reassured that the Member has undertaken to never reapply to the College, which factored into its decision to accept the parties’ jointly proposed penalty in this case. Without this undertaking, the Committee would have had concerns about the Member’s potential return to the teaching profession after having served her suspension.
In arriving at its decision in this matter, the Committee did not rely on Ontario College of Teachers v. Champion, 2015 ONOCT 10 (“Champion”), which was presented by College Counsel. That decision is distinguishable from the Member’s case in that a finding of sexual abuse was made in Champion and not in the Member’s case. Because the circumstances in that case were significantly different from those in the Member’s case, the Committee did not find that it was of any assistance in establishing a range of appropriate penalties in the Member’s case.
Reprimand
The Committee finds that the Member’s repeated inappropriate conduct warrants a reprimand by her peers. The Member’s conduct was a serious breach of professional boundaries. She discussed alcohol consumption with a student on Facebook, and the student also considered the conversations to be flirtatious. Members of the teaching profession hold a unique position of trust and authority, and it is unacceptable for members to engage in online conversations that would not be appropriate in a school setting. Teachers must be cautious when engaging with students online and they must maintain appropriate professional boundaries with students at all times. Members of the profession are also expected to serve as role models for students, and it is therefore inappropriate for teachers to discuss alcohol consumption with students and to have conversations of a personal nature with students on social media.
Moreover, the Member inappropriately purchased or prepared meals for students outside of school and in the evenings. She also inappropriately purchased alcohol for a student. This conduct demonstrates a concerning lack of professional judgment. Regardless of the Member’s explanation for doing so (i.e. because she did not want a student to disclose her sexual relationship with Person A to her family), the Member’s conduct was unacceptable. Teachers must not purchase alcohol for students under any circumstances. Through her misguided conduct, the Member undermined the trust and confidence that the public places in members of the teaching profession.
Because the Member has resigned her membership with the College (see Exhibit 2 at Tabs B and C) and has undertaken “not to reapply to the College or to any other provincial college regulating the profession of teaching in Canada,” specific deterrence and rehabilitation are of limited concern to the Committee in this case. The Member will no longer be in a position to teach in any publicly funded school in Canada, and the public interest will therefore be adequately protected. The reprimand will, however, allow the Committee to denounce the Member’s unprofessional conduct and to advise her to make better decisions in any future endeavors. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.
Suspension
Given the serious nature of the Member’s misconduct, the Committee finds that suspending the certificate of qualification and registration of the Member for a period of 12 months is reasonable and appropriate. The duration of the suspension falls within a range of acceptable outcomes, as established by the decision in Montgomery. Although the suspension will have no impact as a specific deterrent (given that the Member has resigned her membership with the College), recording the fact of the suspension on the Register will nevertheless serve as a general deterrent to other members of the profession. It is important to inform members of the serious consequences for engaging in the type of boundary violations at issue in this case, which include purchasing alcohol for students, spending time with students outside of school and during the evening, and engaging in inappropriate electronic communications with students.
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 3, 2018
Alicia Nunn, OCT
Chair, Discipline Panel
Sara Nouini, OCT
Member, Discipline Panel
Bill Petrie
Member, Discipline Panel
Footnotes
- Although the status of the Member’s certificate of qualification and registration was “Cancelled-Resigned” at the time of the hearing, she was a Member of the College at the time of the events in question. Pursuant to subsection 14(5) of the Ontario College of Teachers Act, 1996, the Committee has continuing jurisdiction over the Member.
- Allegation withdrawn.
- Allegation withdrawn.
- For the purposes of paragraphs 15 and 17, this “document” refers to the Agreed Statement of Facts and Guilty Plea.