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
Gregory Robert Quinn, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
GREGORY ROBERT QUINN (REGISTRATION #482860)
PANEL: Jonathan Rose, Chair Vicki Shannon, OCT Stéphane Vallée, OCT
HEARD: December 11, 2018
Zirka Jakibchuk and Oksana Werbowy, Student-at-Law, for Ontario College of Teachers Jerry Raso of Ontario English Catholic Teachers’ Association, for Gregory Robert Quinn Robin McKechney 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 11, 2018 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated May 26, 2017 (Exhibit 1) was served on Gregory Robert Quinn (the “Member”), requesting his presence on June 19, 2017 to set a date for hearing and specifying the allegations. The hearing was subsequently set for December 11, 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 Gregory Robert Quinn is guilty of professional misconduct as defined in the Ontario College of Teachers Act, 1996 (the “Act”) in that:
(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) he 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);
(c) he 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
(d) he 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:
Gregory Robert Quinn is a member of the Ontario College of Teachers. Attached hereto and marked as Appendix “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 Simcoe Muskoka Catholic District School Board (the “Board”) as a secondary school teacher at [XXX] School (the “School”) in [XXX], Ontario.
Background
Commencing in or around the 2001-2002 school year, the Grade 10 Ontario Secondary School Literacy Test (the “OSSLT”) was made a requirement for students in the Province of Ontario who are in Grade 10 and working toward obtaining an Ontario Secondary School Diploma. All students across the province write this test on the same date, usually in late March of each year.
Since that time, the OSSLT has been administered on an annual basis at the direction of the Education Quality and Accountability Office (the “EQAO”).
On March 31, 2016, 170 students at the School wrote the OSSLT. As part of the Principal Qualification Program which the Member was taking at the time, with the School Principal as his mentor, the Member observed the administration of the March 2016 OSSLT at the School.
The EQAO investigated and concluded that there were several irregularities in the administration of the March 2016 OSSLT at the School. The EQAO also found that the Member was involved in the inappropriate administration of the test.
Before the Test
- Prior to the test, the Member was provided with and read the EQAO Administration Guide 2016 (the “Guide”), a copy of which is attached hereto and marked as Appendix “B”.
After the Test
After the test was completed, the Member reported to the Principal to see what follow-up activities were appropriate for him to observe or assist with. As instructed by the Principal, the Member reviewed the test booklets, placed sticky notes on incomplete booklets, and provided the incomplete booklets to the Principal.
The Principal then instructed the School secretaries to call the students with incomplete booklets out of class to the office. If a student was not in class, the Principal instructed the secretaries to call the student’s home number and/or the parents’ cellphone number and request that the student return to the School.
Twenty-one students attended at the office to finish their incomplete OSSLT booklets, contrary to EQAO rules, after the test was concluded. Of the 21 students who returned to the office, seven completed the questionnaire only and 14 completed test questions and/or the questionnaire.
The Member was aware that students were being called to the office to complete portions of the test and that this was a breach of the EQAO rules.
In taking the actions described in paragraph 8 above, the Member was following the instructions of his Principal. However, the Member’s conduct was contrary to the EQAO rules (as set out in the Guide) and the Ethical Standards of the Teaching Profession and the Standards of Practice for the Teaching Profession, copies of which are attached hereto and marked as Appendix “C”.
EQAO Investigation and Decision
- The EQAO confirmed irregularities during the March 2016 administration of the OSSLT at the School and that the Member was involved in the inappropriate administration of the test. On or about May 26, 2016, the EQAO advised the Board that the School’s results could not be reliably reported and that it would be withholding the School’s 2015-2016 OSSLT results. Attached hereto and marked as Appendix “D” is a letter from EQAO to the School dated May 26, 2016, to this effect.
Board Decision
- On June 13, 2016, the Board suspended the Member without pay for a period of five days. Attached hereto and marked as Appendix “E” is a discipline letter from the Board to the Member dated June 13, 2016.
GUILTY PLEA
By this document,1 the Member admits the truth of the facts and appendices referred to in paragraphs 1-14 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 him, 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) he understands fully the nature of the allegations against him;
(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;
(d) he 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 his name, shall be published in the official publication of the College;
(e) he understands that any agreement between his counsel and counsel for the College with respect to the penalty does not bind the Discipline Committee; and
(f) he understands and acknowledges that he is executing this Agreement 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
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Committee rendered an oral decision on December 11, 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 him. He 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 6-14 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 6, 7, 8, 11, 12, 13 and 14 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 6-14 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 6-14 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:
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 that the fact of the reprimand be recorded on the Register of the Ontario College of Teachers (the “Register”);
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) within 90 days of the date of the Decision, Reasons for Decision and Order of the Discipline Committee, the Member shall enrol in and successfully complete at his own expense, a course of instruction in ethical practice, including ethical decision-making and conduct and any labour relations issues as they relate to this matter. The course shall be pre-approved by the Registrar and be subject to the following conditions:
(i) the Member will provide to a 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) upon 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; and
(b) within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written certificate 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.
PENALTY DECISION
In an oral decision rendered on December 11, 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 College Counsel: Ontario College of Teachers v. Chéron, 2017 ONOCT 19; Ontario College of Teachers v. Maranda, 2017 ONOCT 24 and Ontario College of Teachers v. Venditti, 2016 ONOCT 53.
The Committee finds that the Member’s involvement in the improper administration of the March 2016 OSSLT warrants a reprimand by his peers. While the Member was following the instructions of his Principal, his conduct was contrary to the EQAO rules as set out in the EQAO Administration Guide, a copy of which was provided to and read by the Member prior to the test. The Member was aware that calling students back to the office to complete portions of the test was a breach of the EQAO rules and he should not have compromised his professional integrity by following the misguided directions of his Principal. Because of the testing irregularities with which the Member was involved, the EQAO withheld the results of 21 students, whose tests were determined to have been compromised. The Member’s involvement in the improper administration of the OSSLT therefore had a negative impact on students and the School community. 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.
The Committee finds that the course of instruction regarding ethical practice will assist in the rehabilitation of the Member. The course will address ethical decision-making and conduct, and any labour relation issues as they relate to this matter. It will remind the Member of his ethical obligations and will help him to make better decisions in his professional practice in the future.
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 28, 2018
Jonathan Rose Chair, Discipline Panel
Vicki Shannon, OCT Member, Discipline Panel
Stéphane Vallée, OCT Member, Discipline Panel