Ontario College of Teachers v. Dale, 2019 ONOCT 124

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Dale 2019 ONOCT 124

Date: 2019-11-28

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

Douglas Christopher Dale, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DOUGLAS CHRISTOPHER DALE (REGISTRATION #278313)

PANEL: Rebecca Forte, OCT, Chair Sara Nouini, OCT Tom Potter

HEARD: November 25, 2019

Jean-François Schaan, for the Ontario College of Teachers

No one appearing for Douglas Christopher Dale

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.

By order of Justice P.F. Band of the Ontario Court of Justice, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 486.4 of the Criminal Code.

1This matter was heard before a panel of the Discipline Committee (the “Panel”) on November 25, 2019 at the Ontario College of Teachers (the “College”).

2Douglas Christopher Dale (the “Member”) did not attend the hearing and did not have 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.

4Additionally, the Panel received a certified copy of the transcript of Proceedings and Reasons for Sentence from the Member’s criminal proceeding before Justice P.F. Band dated August 2, 2018 and September 12, 2018 (Exhibit 2 at Tabs B and C). In these proceedings before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada. The Panel is required to uphold this publication ban. Accordingly, any information that could identify a victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.

B. THE ALLEGATIONS

5The allegations against the Member in the Notice of Hearing dated August 13, 2019 (Exhibit 1) are as follows:

IT IS ALLEGED that Douglas Christopher Dale 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 abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(d) he abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;

(e) 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);

(f) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(g) he contravened a law, the contravention of which has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);

(h) 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);

(i) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).

C. AGREED STATEMENT OF FACTS

6College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:

1. Douglas Christopher Dale 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.

2. At all material times, the Member was employed by the Peel District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in Brampton, Ontario.

3. At all material times, Student 1 and Student 2 were female students at the School.

4. Between October 19, 2016 and May 27, 2017, the Member engaged in an inappropriate personal and sexual relationship with Student 1, which included:

(a) Driving Student 1 in his car;

(b) Bringing Student 1 to his home;

(c) Engaging in inappropriate physical and sexual contact with Student 1, including fondling and sexual intercourse.

5. Between April 2017 and June 3, 2017, the Member engaged in an inappropriate personal and sexual relationship with Student 2, which included:

(a) Driving Student 2 in his car;

(b) Bringing Student 2 to his home;

(c) Engaging in inappropriate physical and sexual contact with Student 2, including kissing, fondling and digital penetration.

6. On June 5, 2017, the Board assigned the Member to home.

7. On or about June 6, 2017, the Member was arrested and charged with:

(a) Between October 19, 2016 and May 27, 2017, at the City of Brampton, in the Province of Ontario, being in a position of trust and authority towards Student 1, a young person, did for a sexual purpose touch directly or indirectly the body of Student 1, a young person, with a part of his body, contrary to section 153(1)(a) of the Criminal Code (Canada).

8. On or about June 9, 2017, the Member was further charged with:

(a) Between April 18, 2017 and June 3, 2017, at the City of Brampton, in the Province of Ontario, did commit a sexual assault on Student 2, contrary to section 271 of the Criminal Code (Canada); and

(b) Between April 18, 2017 and June 3, 2017, at the City of Brampton, in the Province of Ontario, being in a position of trust and authority towards Student 2, a young person, did for a sexual purpose touch directly or indirectly the body of Student 2, a young person, with a part of his body, contrary to section 153(1)(a) of the Criminal Code (Canada).

9. On October 10, 2017, the Board terminated the Member’s employment.

10. On August 2, 2018, the Member pleaded guilty to, and was convicted of, sexual exploitation against Student 1 and sexual exploitation against Student 2, contrary to Section 153(1)(a) of the Criminal Code (Canada). Attached hereto and marked as Appendix “B” is a certified transcript of the proceedings before the Ontario Court of Justice, dated August 2, 2018.

11. On September 12, 2018, the Honourable Justice P.F. Band sentenced the Member to 30 months’ custody. The Member was also made subject to various ancillary orders. The charge of sexual assault against Student 2 was stayed at the request of the Crown. Attached hereto and marked as Appendix “C” is a certified transcript of the Reasons for Sentence of the Honourable Justice P.F. Band, dated September 12, 2018.

12. Attached hereto and marked as Appendix “D” are certified court documents pertaining to the criminal proceedings involving the Member set out above.

13. The Member did not appeal his conviction and/or sentence

GUILTY PLEA

14. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-13 above (the “Admitted Facts”).

15. 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(7.1), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member further acknowledges that his alleged conduct constitutes sexual abuse as defined in Section 1 of the Ontario College of Teachers Act, 1996.

16. 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 him and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;

(f) he understands and acknowledges that he is executing this agreement voluntarily, unequivocally, and without the advice of legal counsel.

17. 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

D. DECISION

7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on November 25, 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), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member also engaged in sexual abuse of a student of a nature defined in section 1 of the Act.

E. REASONS FOR DECISION

8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 13 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. He 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 engaged in an inappropriate personal and sexual relationship with Student 1 and Student 2.

9The Member’s sexual relationship with Student 1 included fondling and sexual intercourse. His sexual relationship with Student 2 included kissing, fondling, and digital penetration. The Member’s sexual relationship with both Student 1 and Student 2 constitutes physical, psychological or emotional, and sexual abuse of a student. Engaging in the sexual abuse of a student is also a clear breach of the standards of the profession which, among other things, provide that members are expected to demonstrate their commitment to students’ emotional and physical well-being.

10The Member’s sexual relationship with Student 1 and Student 2 demonstrates that he contravened section 264(1)(c) of the Education Act. This provision requires teachers to demonstrate the highest regard for a number of virtues including truth, justice, humanity, benevolence and purity. Given their unique position of trust and authority, members of the profession must prioritize the safety and wellbeing of students. The Member did the opposite by sexually abusing two students. This flagrant breach of his professional duties was disgraceful, dishonourable and unprofessional. The Member’s conduct was also unbecoming a member of the profession, in that he undermined the reputation of the profession and violated the trust that parents, students and the public place in teachers.

11Further, the Member’s two sexual exploitation convictions demonstrate that he contravened a law relevant to his suitability to hold a certificate of qualification and registration. The contravention of this law has also caused students who were under the Member’s professional supervision to be put at or to remain at risk.

F. PENALTY DECISION

12The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on November 25, 2019, the Panel accepted the Joint Submission on Penalty and made the following order:

1. The Member is directed to receive a reprimand, in writing, and that the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);

2. The Registrar of the Ontario College Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar.

G. REASONS FOR PENALTY DECISION

13The Member’s professional misconduct consisted of or included the sexual abuse of a student, as described in subsection 30.2(2) of the Act. Given this finding, section 30.2(1) of the Act provides that the Panel must make an order: (1) requiring that the Member be reprimanded by the Panel; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Panel makes both of these orders. The Panel notes that it has no discretion in this regard. The Panel denounces the Member’s misconduct in the strongest terms.