DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Christina Marie Albini, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
CHRISTINA MARIE ALBINI (REGISTRATION #453340)
PANEL: Tom Potter, Chair
Mary Ellen Gucciardi, OCT
Sara Nouini, OCT
HEARD: May 7, 2019
Jean-François Schaan of the Ontario College of Teachers
No one appearing for Christina Marie Albini
Erica Richler of Steinecke Maciura LeBlanc, 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 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 of Canada.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 7, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
An Amended Notice of Hearing dated October 1, 2018 (Exhibit 1) was served on Christina Marie Albini (the “Member”), inviting her to participate in the scheduling of the hearing and specifying the allegations. The hearing was subsequently set for May 7, 2019.
The Member was not in attendance for the hearing and did not have legal representation. The Committee was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.
THE ALLEGATIONS
The allegations against the Member in the Amended Notice of Hearing are as follows:
IT IS ALLEGED that Christina Marie Albini is guilty of professional misconduct as defined in the Ontario College of Teachers Act, 1996 (the “Act”) in that:
(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) she abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) she 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) she 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) she 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) she 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) she 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); and
(i) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
AGREED STATEMENT OF FACTS
College Counsel presented the Committee with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 3), which provides the following:
Christina Marie Albini was at all material times a member of the Ontario College of Teachers. In June 2002, the Member obtained a Certificate of Qualification and Registration. 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 Windsor-Essex Catholic District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in Windsor, Ontario.
At all material times, Student 1 was a male student under the age of [XXX] and a former student of the Member at the School.
On July 19, 2016, the Member was charged with the following offences:
(i) Between February 1, 2016 and July 17, 2016, committing a sexual assault on Student 1, contrary to Section 271 of the Criminal Code of Canada;
(ii) Between February 1, 2016 and July 17, 2016, for a sexual purpose, with a part of her body or an object, directly or indirectly touching the body of Student 1, contrary to Section 151 of the Criminal Code of Canada;
(iii) Between February 1, 2016 and July 17, 2016, for a sexual purpose, inviting Student 1 to directly or indirectly touch with a part of his body, the body of the Member, contrary to Section 152 of the Criminal Code of Canada; and
(iv) Between February 1, 2016 and July 17, 2016, by means of a telecommunication, communicating with Student 1, for the purpose of facilitating the commission of an offence under Section 271 of the Criminal Code of Canada, contrary to Section 172.2(1)(b) of the Criminal Code of Canada.
Attached hereto and marked as Appendix “B” is a certified copy of the Information with these charges, dated July 19, 2016.
On August 17, 2016, the Board terminated the Member’s employment.
On or about August 30, 2016, a replacement Information was filed and the Member was charged with the following offences:
(i) Between January 1, 2016 and July 17, 2016, committing a sexual assault on Student 1, contrary to Section 271 of the Criminal Code of Canada;
(ii) Between January 1, 2016 and July 17, 2016, for a sexual purpose, with a part of her body or an object, directly or indirectly touching the body of Student 1, contrary to Section 151 of the Criminal Code of Canada;
(iii) Between January 1, 2016 and July 17, 2016, for a sexual purpose, inviting Student 1 to directly or indirectly touch with a part of his body, the body of the Member, contrary to Section 152 of the Criminal Code of Canada;
(iv) Between July 1, 2015 and July 17, 2016, by means of a telecommunication, communicating with Student 1 for the purpose of facilitating the commission of an offence under Section 271 of the Criminal Code of Canada, contrary to Section 172.1(1)(b) of the Criminal Code of Canada;
(v) Between December 26, 2015 and July 17, 2016, distributing sexually explicit material to Student 1 for the purpose of facilitating the commission of an offence under Section 271 of the Criminal Code of Canada, contrary to Section 171.1(1)(b) of the Criminal Code of Canada;
(vi) Between January 3, 2016 and July 17, 2016, without lawful excuse, possessing child pornography in a the form of photographs of Student 1, contrary to Section 163.1(4) of the Criminal Code of Canada; and
(vii) Between January 3, 2016 and July 17, 2016, without lawful excuse, accessing child pornography in the form of photographs of Student 1, contrary to Section 163.1(4.1) of the Criminal Code of Canada.
Attached hereto and marked as Appendix “C” is a certified copy of the replacement Information with these charges, dated August 30, 2016.
On May 1, 2017, the Member pleaded guilty to sexual interference, contrary to Section 151 of the Criminal Code. The Member, through counsel, indicated that she and Student 1 had engaged in a relationship between July 1, 2015 and July 17, 2016. During that time, the Member and Student 1 exchanged messages and pictures of a sexual nature, and met at the Member’s home to engage in sexual intercourse, including oral sex. The Member also provided gifts to Student 1. Attached hereto and marked as Appendix “D” is a copy of the certified court proceedings during the Member’s guilty plea before the Honourable Madam Justice Rawlins, dated May 1, 2017.
On June 27, 2017, the Member was sentenced to 12 months’ incarceration followed by three years of probation. The Member was also made the subject of a number of ancillary orders. Attached hereto and marked as Appendix “E” is a certified copy of the Reasons for Sentence of the Honourable Madam Justice Rawlins, dated June 27, 2017.
Attached hereto and marked as Appendix “F” is a copy of the Member’s probation order, dated June 27, 2017.
The other charges against the Member were withdrawn. Attached hereto and marked as Appendix “G” is a certified copy of the court documents setting out the matter’s disposition, dated June 27, 2017.
The Member did not appeal her conviction and/or sentence.
GUILTY PLEA
By this document1, the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 11 above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct as defined in sections 30, 30.2, 32 and 32.1 of the Ontario College of Teachers Act, 1996 (the “Act”) and pleads guilty to the allegations of professional misconduct against her, 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 also acknowledges that she engaged in the sexual abuse of a student as defined in sections 1 of the Act.
By this document, the Member states that:
(a) she understands fully the nature of the allegations against her;
(b) she understands that by signing this document she is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) she understands that by pleading guilty to the allegations, she is waiving the right to require the College to prove the case against her and the right to have a hearing;
(d) she 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 her name, shall be published in the official publication of the College;
(e) she understands that any agreement between her and counsel for the College with respect to the penalty proposed by the parties does not bind the Discipline Committee;
(f) she understands and acknowledges that she is executing this agreement voluntarily, unequivocally, and without 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.
DECISION
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Committee rendered an oral decision on May 7, 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 the sexual abuse of a student as defined in section 1 of the Act.
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1-11 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against her. She acknowledged and the Committee accepts that the Admitted Facts constitute conduct which is professional misconduct, 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).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student physically, contrary to Ontario Regulation 437/97, subsection 1(7.1).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and engaged in sexual abuse of a student as defined in section 1 of the Act.
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member 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).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member 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).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member 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).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member 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).
Paragraphs 7 and 8 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty (Exhibit 4), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:
reprimand the Member, in writing, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”); and
direct the Registrar of the Ontario College of Teachers to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar.
PENALTY DECISION
In an oral decision rendered on May 7, 2019 the Committee accepted the parties’ Joint Submission on Penalty and made an order in accordance with its terms, as set out above.
REASONS FOR PENALTY DECISION
The Member’s misconduct consisted of the sexual abuse of a student, and it involved acts listed at subsection 30.2(2) of the Act. The Committee is required to, and has therefore, made an order: requiring that the Member be reprimanded by the Committee; and directing the Registrar to revoke the Member’s certificate of qualification and registration. The Committee notes that it has no discretion in this regard. The Committee denounces the Member’s egregious misconduct in the strongest terms.
The Committee is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: May 9, 2019
______________________________
Tom Potter
Chair, Discipline Panel
______________________________
Mary Ellen Gucciardi, OCT
Member, Discipline Panel
______________________________
Sara Nouini, OCT
Member, Discipline Panel