DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Chong Yen, 2018 ONOCT 68

Date: 2018-12-13

ORAL 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

Matthew Francis Chong Yen, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

MATTHEW FRANCIS CHONG YEN (REGISTRATION #278008)

PANEL: Diane Ballantyne, OCT, Chair

Shanlee Linton, OCT

Bill Petrie

HEARD: December 12-13, 2018

Christine Londsdale of McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Amy Leung, Law Clerk

Matthew Francis Chong Yen, 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.

This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on December 12, 2018 at the Ontario College of Teachers (the “College”) at Toronto, and continued on December 13, 2018.

Matthew Francis Chong Yen (the “Member”) was not in attendance for the hearing and did not have legal representation.

DECISION

Having considered the evidence, onus and standard of proof, and the submissions of College Counsel, the Committee finds 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).

PENALTY DECISION

The Committee makes the following order with respect to penalty:

1. The Member is directed to appear before the Committee within 90 days of the date of the Committee’s Decision, Reasons for Decision and Order, to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);

2. The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of three 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. The Registrar is directed 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 a teaching position or any position for which a Certificate of Qualification and Registration is required (a “Teaching Position”), the Member shall enrol in and successfully complete at his own expense, courses of instruction pre-approved by the Registrar regarding anger management, and professional boundaries with a focus on sensitivity towards students, subject to the following conditions:

(i) the Member will provide to a course practitioner approved by the Registrar, a copy of the Committee’s Decision, Reasons for Decision and Order;

(ii) upon review of the Decision, Reasons for Decision and Order, 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 his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner:

(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course;

4. The Committee fixes costs to be paid by the Member to the College in the amount of $10,000, which must be paid within 120 days of the date of the Committee’s Decision, Reasons for Decision and Order.

A written decision with reasons will follow.

Date: December 13, 2018

Diane Ballantyne, OCT

Chair, Discipline Panel

Shanlee Linton, OCT

Member, Discipline Panel

Bill Petrie

Member, Discipline Panel