Ontario College of Teachers v McColeman 2019 ONOCT 109

Date: 2019-10-31

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

Robert Steven McColeman, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ROBERT STEVEN McCOLEMAN (REGISTRATION #258113)

PANEL: Alicia Nunn, OCT, Chair

Josée Landriault, OCT

Tom Potter

HEARD: October 24, 2019

Zirka Jakibchuk, for the Ontario College of Teachers

Jack Brown, for Robert Steven McColeman

Renée Kopp, 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.

1This matter was heard before a panel of the Discipline Committee (the “Panel”) on October 24, 2019 at the Ontario College of Teachers (the “College”).

2Robert Steven McColeman (the “Member”) attended the hearing and had legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.

A. PUBLICATION ban

3The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (the “Act”), which makes such an order mandatory. Accordingly, 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.

B. THE ALLEGATIONS

4The allegations against the Member in the Notice of Hearing dated February 19, 2019 (Exhibit 1) are as follows:

IT IS ALLEGED that Robert Steven McColeman is guilty of professional misconduct as defined in 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 supervise adequately a person who is under the professional supervision of the member, contrary to Ontario Regulation 437/97, subsection 1(11);

(c) 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); and

(d) 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).

C. AGREED STATEMENT OF FACTS

5College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:

Robert Steven McColeman 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 Upper Grand District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in [XXX], Ontario.
During the 2015-2016 academic year, the Member was a Grade [XXX] [XXX[ teacher at the School. Student 1, Student 2 and Student 3 were male Grade [XXX] students enrolled in the Member’s fourth period [XXX] class.
During the 2015-2016 academic year, the Member failed to effectively supervise students in his fourth period [XXX] class and jeopardized student safety.
The Member regularly permitted students to leave his class without permission.
The Member regularly permitted students to drive vehicles in and out of the School’s shop area, contrary to Board policy.
On December 8, 2015, the Member failed to monitor the presence in class of Student 1, Student 2 and Student 3.
At or around 2:11 pm that day, Student 1, Student 2 and Student 3 left the Member’s class, without the Member’s permission, in a car that had been parked in the School’s instructional auto shop area, where the Member and his students typically worked on cars.
The Board’s captured school surveillance footage of December 8, 2015, shows students coming and going from the instructional auto shop area. At 2:11 pm, the video shows a car leaving the compound with three students in it. The students’ departure was observable by the Member as he was washing another car about ten feet away from the departing vehicle. The Member failed to intercept the departure of Student 1, Student 2 and Student 3 from the parking spot. Attached hereto and marked as Appendix “B” are three still shots taken from School surveillance footage of the instructional auto shop area on December 8, 2015, at 2:10 pm and 2:11 pm, depicting the Member’s position in the auto shop area relative to that of Student 1, Student 2 and Student 3, who departed the auto shop area in a white car.
Sometime during the fourth period [XXX] class, but after the departure of the students, the Member did an attendance check, at which time he recorded that Student 1, Student 2 and Student 3 were absent from class. The Member carried on with the class.
At or around 2:30 pm on December 8, 2015, while driving the white car from the School auto shop, Student 1, Student 2 and Student 3 were involved in a single-car collision. The car entered into a ditch and struck a tree, and was damaged beyond repair. Student 1, Student 2, and Student 3 did not report any injuries and declined medical services at the scene of the accident.
On December 8, 2015, after learning about the car accident from another student in the School, the Member failed to immediately report to the School’s administration that Student 1, Student 2 and Student 3 had been involved in a car accident during instructional hours.
On March 29, 2016, the Board issued a letter of discipline to the Member, which was subsequently revised on June 29, 2016. The Board suspended the Member for 3 days without pay, and ordered that the Member review the Ontario College of Trades Regulations as well as the Board’s auto shop health and safety practices, and complete a classroom management course. Attached hereto and marked as Appendix “C” is a copy of the Board’s revised discipline letter dated June 29, 2016.
On May 9, 2016, the Member completed a course in effective classroom management. On February 16, 2017, the Member confirmed that he had reviewed the Ontario College of Trades Regulations and the Board’s auto shop health and safety policies. Attached hereto and marked as Appendix “D” is a copy of the Member’s course certificate dated May 9, 2016, and correspondence from the Member to the Board indicating the Member’s compliance with the Board’s request.

GUILTY PLEA

By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1 to 14 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts at paragraphs 3 to 12 above 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(11), 1(15) and 1(18).
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 College and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

D. DECISION

6Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on October 24, 2019 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(11), 1(15) and 1(18).

E. REASONS FOR DECISION

7The 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 them. They acknowledged and the Panel accepts that the Admitted Facts constitute professional misconduct under the headings of misconduct set out above. The Admitted Facts demonstrate that the Member failed to supervise students adequately and to maintain student safety by regularly allowing students to leave his class without permission and to drive motor vehicles in and out of the School’s shop area. On December 8, 2015, he failed to prevent three students from leaving his [XXX] class. The students then drove a car from the auto shop and were involved in a single-car collision. After learning about the accident from another student, the Member failed to immediately report the incident to the School’s administration.

8Through his conduct towards Student 1, Student 2 and Student 3, the Member failed to maintain the standards of the profession, which, among other things, provide that members are expected to demonstrate their commitment to students’ well-being. The Member’s failure to adequately supervise his students put them at risk. Members of the profession must prioritize student safety. The Member contravened section 264(1) of the Education Act by failing to teach diligently and faithfully, and to maintain proper order and discipline. His conduct was disgraceful, dishonourable and unprofessional.

F. PENALTY DECISION

9The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on October 24, 2019, the Panel accepted the Joint Submission on Penalty and made the following order:

The Member is directed to receive a reprimand from the Committee, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
The Registrar is directed to impose the following terms, conditions and limitations on the Member’s Certificate of Qualification and Registration, and the fact of such terms, conditions and limitations is 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 on classroom management and effective supervision, including student safety in an auto shop/transportation technology class. 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; and

(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 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.

G. REASONS FOR PENALTY DECISION

10The Panel accepts the penalty jointly proposed by the parties. The Panel recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Panel’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 Panel finds that the penalty proposed in the Joint Submission on Penalty falls within a range of acceptable outcomes, based on the following prior decisions of the Discipline Committee presented by the parties: Ontario College of Teachers v. Neumann, 2014 ONOCT 74, Ontario College of Teachers v. Barros, 2017 ONOCT 5, Ontario College of Teachers v. Tremis, 2016 ONOCT 50 and 2016 ONOCT 51, Ontario College of Teachers v. Goodfellow, 2019 ONOCT 59, and Ontario College of Teachers v. Gocking, 2019 ONOCT 52.

11The Panel considered the Member’s circumstances in comparison to the cases provided. The aggravating factors in the Member’s case include the facts that the Member failed to supervise students under his care. He failed to prevent three students from driving a motor vehicle during instructional time and that failure resulted in the students being involved in an accident. Moreover, he did not immediately report that incident to the School’s administration. In terms of mitigating factors, the Member admitted his misconduct, saving the time and expense of a contested hearing, has no previous discipline history at the College, has since reviewed the Board’s appropriate health and safety practices, and has successfully completed the remedial coursework ordered by his employer. After weighing these factors, the Panel accepts that the penalty proposed by the parties is reasonable.

12The Panel finds that the Member’s inappropriate conduct warrants a reprimand by his peers. Members are expected to adequately supervise students at all times, especially in settings such as a [XXX] class where inherent dangers are present. By failing to ensure a safe learning environment, the Member put students’ physical well-being in jeopardy. The reprimand will also remind the Member that his failure to immediately report a serious incident to the School’s administration was a significant error in judgment. The reprimand will allow the Panel 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.

13The Panel finds that the course of instruction regarding classroom management and effective supervision, including student safety in an auto shop/transportation technology class, will assist in the rehabilitation of the Member. The Panel agrees that the course’s student safety component is particularly relevant given the nature of the Member’s misconduct. The coursework will remind the Member of his obligations as a teacher and will help him to make better decisions in any future interactions with students.

14The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.

Date: October 31, 2019

Alicia Nunn, OCT

Chair, Discipline Panel