DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Nolis 2019 ONOCT 123

Date: 2019-11-13

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

Paul Nolis, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

PAUL NOLIS (REGISTRATION #507131)

PANEL: Tom Potter, Chair

Mary Ellen Gucciardi, OCT

Sara Nouini, OCT

HEARD: November 12 and 13, 2019

Stephanie Sugar and Steven Chadwick, for the Ontario College of Teachers

No one appearing for Paul Nolis

Erica Richler and Julie Maciura, 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 November 12 and 13, 2019 at the Ontario College of Teachers (the “College”).

2Paul Nolis (the “Member”) did not attend the hearing and did not have legal representation.

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. DECISION ON FINDING

4Having considered the evidence, onus and standard of proof and the submissions of College Counsel, the Panel rendered an oral decision on November 13, 2019 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.2), 1(11), 1(15), 1(18) and 1(19).

C. PENALTY Decision

5The Panel made the following order as to penalty:

1. The Member is directed to receive a written reprimand 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 14 weeks commencing on the date of the Oral Decision and Order 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 or resuming 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, a course of instruction pre-approved by the Registrar regarding maintaining appropriate boundaries with students and a course of instruction pre-approved by the Registrar regarding classroom management, subject to the following conditions:

(i) the Member will provide to the course practitioners approved by the Registrar, a copy of the Decision, Reasons for Decision and Orders of the Discipline Committee;

(ii) following review of the documents noted at paragraph (i) above, the course practitioners will provide to the Registrar, for approval, syllabi for the proposed courses which specifically address the Discipline Committee’s concerns regarding the Member’s professional misconduct;

(iii) the syllabi proposed by the course practitioners shall also specify the length of the courses to be undertaken by the Member, and the assignments to be completed by the Member;

(b) within 30 days of his completion of the courses outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioners which:

(i) confirms that the Member has successfully completed the course and reports on the progress of the Member with respect to addressing the outlined goals of the course.

D. COSTS DECISION

6The Panel made the following order as to costs:

1. The Member shall pay the College costs of the proceeding in the amount of $12,500 within six months of the date of this Order.

7A written decision with reasons will follow.