DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Shepherd 2019 ONOCT 126

Date: 2019-12-02

DECISION AND REASONS 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

Jane Ann Shepherd, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JANE ANN SHEPHERD (REGISTRATION #401782)

PANEL: John Hamilton, OCT, Chair

Sara Nouini, OCT

Jonathan Rose

HEARD: December 2, 2019

Shane D’Souza, for the Ontario College of Teachers

Heather Ann McConnell, for Jane Ann Shepherd

Renée Kopp, Independent Legal Counsel

1On December 2, 2019, Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from a panel of the Discipline Committee (the “Panel”) to withdraw the allegations against Jane Ann Shepherd (the “Member”) set out in a Notice of Hearing dated June 2, 2017 (Exhibit 1).

2The Member did not attend the hearing but had legal representation.

A. SUBMISSIONS OF COLLEGE COUNSEL

3College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing, given that the Member’s case has already been dealt with by another Committee of the College.

B. SUBMISSIONS OF MEMBER’S COUNSEL

4Member’s Counsel accepted College Counsel’s submissions.

C. DECISION

5Upon hearing the submissions of the parties and given the consent of the parties, the Committee authorizes the College to withdraw the allegations against the Member set out in the Notice of Hearing dated June 2, 2017.

D. REASONS FOR DECISION

6The 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. In light of the Member’s case having previously been dealt with by another

Committee of the College, this Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.