DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION ON MOTION
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
Tushar Kanti Saha, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
TUSHAR KANTI SAHA (REGISTRATION #261263)
PANEL: Godwin Ifedi, Chair Sara Nouini, OCT Vicki Shannon, OCT
HEARD: March 21, 2019
Zirka Jakibchuk, for Ontario College of Teachers Tushar Kanti Saha, self-represented Julie Maciura of Steinecke Maciura LeBlanc, Independent Legal Counsel
Counsel for the College brought a motion to withdraw the allegations set out in the Notice of Hearing (Exhibit 1) dated May 4, 2015. Tushar Kanti Saha (the “Member”) was not present for the motion and did not have legal representation.
UNDERTAKING AND ACKNOWLEDGMENT
Counsel for the College advised the Committee that the parties had agreed to the withdrawal of the allegations of professional misconduct and incompetence against the Member set out in the Notice of Hearing dated May 4, 2015 in exchange for the Undertaking and Acknowledgment of Tushar Kanti Saha (the “Undertaking and Acknowledgment”) dated March 4, 2019, in which he agreed to the following terms, conditions or limitations:
I hereby resign as a member of the Ontario College of Teachers with immediate effect.
I undertake that I will not teach in any public or private school in Ontario, or in any position which requires membership in the Ontario College of Teachers, following the cancellation of my Certificate of Qualification and Registration.
I undertake that I will not seek reinstatement of my Certificate of Qualification and Registration unless I have first provided evidence satisfactory to the Registrar of the Ontario College of Teachers (the “Registrar”) of successful completion of coursework, approved in advance by the Registrar, in relation to the following domains: (a) commitment to pupils and pupil learning; (b) professional knowledge; (c) professional practice; (d) leadership in learning communities, and (e) ongoing professional learning.
I understand that a breach of this Undertaking and Acknowledgment may constitute professional misconduct, and that in those circumstances, should I obtain a Certificate of Qualification and Registration, the Ontario College of Teachers will be at liberty to commence proceedings against me relating to the breach or to re-institute these proceedings.
I acknowledge that my status on the Public Register (the “Register”) of the Ontario College of Teachers will be “Resigned-Cancelled” and that the Register will have the following notation:
“On [March 4], 2019, the Member resigned his membership with the Ontario College of Teachers and has undertaken not to teach unless his Certificate is subsequently reinstated. The Member resigned his membership while a disciplinary and/or competency proceeding was pending.”
I understand that all Discipline Committee decisions, including the decision on this motion to withdraw the Notice of Hearing in this matter, are available on the Ontario College of Teachers’ website.
I acknowledge that I understand the scope, purpose and effect of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel or the opportunity to have obtained the advice of legal counsel.
DECISION
Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against the Member set out in the Notice of Hearing dated May 4, 2015 in exchange for the Undertaking and Acknowledgment of the Member dated March 4, 2019.
REASONS FOR DECISION
The Committee has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. The Committee finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment in these circumstances is reasonable and serves to protect the public interest.
Date: March 21, 2019
Godwin Ifedi
Chair, Discipline Panel
Sara Nouini, OCT
Member, Discipline Panel
Vicki Shannon, OCT
Member, Discipline Panel