DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Ontario College of Teachers v Schweigel 2019 ONOCT 130
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
Walter Schweigel, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
WALTER SCHWEIGEL (REGISTRATION #179452)
PANEL: Nicola Powadiuk, OCT, Chair Mary Ellen Gucciardi, OCT Marlène Marwah
HEARD: November 5, 2019
Andrew Matheson, for the Ontario College of Teachers Jack Brown, for Walter Schweigel 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 5, 2019 at the Ontario College of Teachers (the “College”).
2Walter Schweigel (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 May 31, 2017 (Exhibit 1) are as follows:
IT IS ALLEGED that Walter Schweigel 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 practised or purported to practise the profession while under the influence of a substance or while adversely affected by a dysfunction, which the member knew or ought to have known impaired the member’s ability to practise, and in respect of which treatment had previously been recommended, ordered or prescribed but the member had failed to follow the treatment contrary to Ontario Regulation 437/97, subsection 1(8);
(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);
(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);1 and
(e) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
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:
Walter Schweigel is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information respecting the Member.
At all material times, the Member was employed by the Toronto District School Board (the “Board”) as a teacher at Oakwood Collegiate Institute (the “School”) in Toronto, Ontario.
On Friday, October 30, 2015, there was a student and staff dress up day for Halloween. The Member dressed up as Andy Warhol and brought a bottle of non-alcoholic beer to School which he drank in front of students and staff.
On or about November 3, 2015, the Member met with the Vice-Principal of the School about his marks that were still not submitted for report cards. During the meeting, the Member became agitated and raised his voice several times during the conversation with the Vice-Principal. This behaviour intimidated the Vice-Principal.
During November or December 2015, the Member did not report for work on several occasions. Prior to those occasions, he did not notify the School prior to his absences nor did he make plans to have an occasional teacher cover his absences. In addition, he did not provide lesson plans prior to the start of class.
On or about November 20, 2015, the Principal of the School was asked to speak with the Member. During their conversation, the Principal smelled alcohol on the Member’s breath. After the conversation, the Principal sent the Member home.
The Member received a disciplinary letter by the Principal of the School and was suspended without pay for a period of five days. The letter was grieved and the suspension without pay was reduced to two days. Attached hereto and marked as Exhibit “B” and “C” respectively is a copy of the disciplinary letter dated January 11, 2016 and a copy of grievance resolution letter dated March 31, 2016.
The Member acknowledges he has had difficulty with alcohol abuse in the past. The Member admits that treatment had been recommended for his use or abuse of alcohol prior to the facts set out in paragraphs 3 – 7 and that the Member relapsed.
As of November 2013, which was the last information provided to the Board, the Member conveyed his doctor’s opinion that the Member was fit to return to teaching. The Member admits that he was practising his profession while adversely impacted by his abuse of alcohol from the night before.
The Member retired from teaching at the end of June 2017 and has no intention of returning to full time teaching at this time.
The Member has entered into an Undertaking with the College. The Member agrees that submissions will be made to the Committee with respect to the Undertaking.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs above (the “Admitted Facts”).
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(8); 1(15); 1(18 – unprofessional); and 1(19).
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 otherwise 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 reference to 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 does not bind the Discipline Committee;
(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 Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
D. DECISION
6With respect to the allegation of professional misconduct outlined in paragraph (d) of the Notice of Hearing, namely that the Member contravened subsection 1(18) of Ontario Regulation 437/97, College Counsel requested that the Panel find that the Member’s conduct was unprofessional only (and not disgraceful or dishonourable). The Panel granted the request.
7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on November 5, 2019 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(8), 1(15), 1(18 – unprofessional only) and 1(19).
E. REASONS FOR DECISION
8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 11 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 the practice of teaching while adversely impacted by his abuse of alcohol. Although treatment for alcohol abuse was recommended to him, he relapsed in the Fall of 2015. During this period of relapse, he failed to report for work on several occasions, did not notify the School prior to his absences, did not arrange for an occasional teacher to cover his classes and did not provide lesson plans. He also raised his voice to the Vice-Principal, causing the Vice-Principal to feel intimidated. Furthermore, during a conversation with the Member at the School, the Principal smelled alcohol on his breath. After the conversation, the Principal sent the Member home.
9This conduct fell below the standards of the profession. The Member knew or ought to have known that his ability to teach was impaired when he was under the influence of alcohol. Furthermore, treatment for alcohol abuse had been recommended prior to these events but the Member failed to follow the prescribed treatment. The Member’s failure to report for work without prior notice and without making appropriate arrangements to cover his absences was unprofessional, contrary to subsection 264(1)(i) of the Education Act and unbecoming a member.
F. PENALTY DECISION
10The parties agreed to a Joint Submission on Penalty (Exhibit 4), which was presented to the Panel. In an oral decision rendered on November 5, 2019, the Panel accepted the Joint Submission on Penalty and made the following order:
The Member is directed to appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, 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, 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 any Teaching Position for which a Certificate of Qualification and Registration (a “Teaching Position”) is required, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding appropriate professional ethics subject to the following conditions:
(i) the Member will provide to the 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 Orders of the Discipline Committee;
(ii) following the 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;
(iii) 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;
(b) within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner 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.
G. UNDERTAKING AND ACKNOWLEDGEMENT
11On November 1, 2019, the Member entered into an Undertaking and Acknowledgement with the College which sets out conditions which must be met before the Member can hold a position for which a Certificate of Qualification and Registration is required. The Undertaking and Acknowledgement was made an exhibit at the hearing (Exhibit 3).
H. REASONS FOR PENALTY DECISION
12The Panel accepts the penalty jointly proposed by the parties and acknowledges that the Member has agreed to a number of obligations in the Undertaking and Acknowledgement. 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 Member’s Counsel: Ontario College of Teachers v. Zagar, 2013 ONOCT 98, Ontario College of Teachers v. Gocking, 2019 ONOCT 52 and Ontario College of Teachers v. Dreger, 2014 ONOCT 37.
13The Panel considered the Member’s circumstances in comparison to the cases provided. The aggravating factors in the Member’s case are the repeated incidents of misconduct. In terms of mitigating factors, the Member admitted his misconduct, saving the time and expense of a contested hearing, has not been the subject of discipline proceedings at the College in the past and has voluntarily given an undertaking requiring the satisfaction of multiple conditions before he may resume teaching. After weighing these factors, in conjunction with the Member’s Undertaking and Acknowledgement to meet additional conditions before holding a position for which a Certificate of Qualification and Registration is required, the Panel accepts that the penalty proposed by the parties is reasonable.
14The Panel finds that the Member’s conduct warrants a reprimand by his peers. It is unacceptable for a teacher to practice his profession while adversely impacted by alcohol abuse. 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.
15The Panel finds that the course of instruction regarding appropriate professional ethics will assist in the rehabilitation of the Member. The coursework will remind the Member of his obligations as a teacher and will help him to make better decisions in any future professional interactions.
16The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: November 5, 2019
Nicola Powadiuk, OCT Chair, Discipline Panel
Mary Ellen Gucciardi, OCT Member, Discipline Panel
Marlène Marwah Member, Discipline Panel