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
Vasilios Georgiopoulos, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
VASILIOS GEORGIOPOULOS (REGISTRATION # 515861)
PANEL: John Hamilton, OCT, Chair Marlène Marwah Sara Nouini, OCT
HEARD: May 23, 2019
Stephanie Sugar and Steven Chadwick of McCarthy Tétrault LLP, for Ontario College of Teachers
Kirsty Niglas-Collins of KNC Law assisted by Jack Brown, Student-at-Law, of the Ontario Secondary School Teachers’ Federation, for Vasilios Georgiopoulos
Renée Kopp of Jones Litigation Counsel PC, 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.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on May 23, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated October 27, 2016 (Exhibit 1) was served on Vasilios Georgiopoulos (the “Member”), requesting his presence on November 23, 2016 to set a date for hearing and specifying the allegations. The hearing was subsequently set for May 23, 2019.
The Member was not in attendance for the hearing but had 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 Notice of Hearing are as follows:
IT IS ALLEGED that Vasilios Georgiopoulos is guilty of professional misconduct as defined in subsection 30(2) of the Ontario College of Teacher’s Act, 1996 (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 verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
(c) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) 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);
(e) 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); and
(f) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
STATEMENT OF UNCONTESTED FACTS
College Counsel presented the Committee with the parties’ Statement of Uncontested Facts and Plea of No Contest (Exhibit 2), which provides as follows:
Vasilios Georgiopoulos 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 with respect to the Member.
At all material times, the Member was employed by the Simcoe County District School Board (the “Board”) as an occasional teacher at [XXX] School (the “School”), in [XXX], Ontario.
On or about December 1, 2015, the Member yelled at students in his [XXX] class at the School.
On or about December 1, 2015, the Member used his cellular telephone during instructional time in his [XXX] class at the School.
On or about December 1, 2015, the Member fell asleep during instruction time in his [XXX] class at the School.
On or about April 21, 2016, the Member yelled at a female student during instructional time in his [XXX] class at the School.
On or about February 1, 2016, the Member entered into a “Last Chance Agreement” with the Board. The Last Chance Agreement was revised June 1, 2016, and was to remain in effect until January 31, 2017. Attached hereto as Exhibit “B” is a copy of the June 1 Last Chance Agreement.
The Member had a prior discipline history with the College and had previously been found to have committed acts of professional misconduct. The penalty imposed in these proceedings was an oral reprimand and coursework. Attached hereto as Exhibit “C” is a copy of the Discipline Committee’s decision.
PLEA OF NO CONTEST
By this document, the Statement of Uncontested Facts and Plea of No Contest, the Member does not contest the truth of the facts and exhibits referred to in paragraphs 1-8 above (the “Uncontested Facts”).
The Member hereby acknowledges that the Uncontested Facts constitute conduct which is professional misconduct and pleads no contest to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections, 1(5), 1(7), 1(7.2), 1(15), 1(18) and 1(19).
By this document, the Statement of Uncontested Facts and Plea of No Contest, 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 Uncontested Facts being presented to the Discipline Committee;
(c) he understands that by pleading no contest 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 the parties with respect to the penalty proposed does not bind the Discipline Committee; and
(f) he understands and acknowledges that he is executing the Statement of Uncontested Fact and Plea of No Contest voluntarily, unequivocally, and with the advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee for the purpose of this proceeding under the Ontario College of Teachers Act 1996, chapter 12, and for no other purpose. The Member’s plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the Uncontested Facts and circumstances and the plea of no contest, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Having considered the Statement of Uncontested Facts and Plea of No Contest and the submissions of the parties, the Committee rendered an oral decision on May 23, 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(15), 1(18) and 1(19).
REASONS FOR DECISION
The Member did not contest the facts and exhibits referred to in paragraphs 1-8 of the Statement of Uncontested Facts and Plea of No Contest and pleaded no contest to the allegations of professional misconduct against him. He acknowledged and the Committee accepts that the Uncontested Facts constitute conduct which is professional misconduct, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.2), 1(15), 1(18) and 1(19).
Paragraphs 3-8 of the Statement of Uncontested Facts and Plea of No Contest demonstrate that the Member failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5).
Paragraphs 3, 6 and 7 of the Statement of Uncontested Facts and Plea of No Contest demonstrate that the Member abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7).
Paragraphs 3, 6 and 7 of the Statement of Uncontested Facts and Plea of No Contest demonstrate that the Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).
Paragraphs 3-8 of the Statement of Uncontested Facts and Plea of No Contest 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 3-8 of the Statement of Uncontested Facts and Plea of No Contest 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 3-8 of the Statement of Uncontested Facts and Plea of No Contest 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 3), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:
direct that the Member appear before the Committee immediately following the hearing of this matter, or within 90 days of the date of this Order on a date to be arranged by the Member, 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”);
direct the Registrar 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) within 90 days of the date the Member returns to or commences a position for which a Certificate of Qualification is required, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding maintaining appropriate professional boundaries with students, subject to the following conditions;
(i) the Member will provide to the course practitioner approved by the Registrar, a copy of the Statement of Uncontested Facts and Plea of No Contest and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Order of the Discipline Committee;
(ii) upon 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. 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:
(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.
- direct the Registrar of the Ontario College of Teachers to suspend the Certificate of Qualification and Registration of the Member for a period of one month commencing September 1, 2019, and the fact of the suspension is to be recorded on the Register.
PENALTY DECISION
In an oral decision rendered on May 23, 2019, the Committee accepted the Joint Submission on Penalty presented by the parties and made an order in accordance with its terms, as set out above.
REASONS FOR PENALTY DECISION
The Committee accepts the penalty jointly proposed by the parties. The Committee recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Committee’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 Committee finds that the penalty proposed in the Joint Submission on Penalty is proportionate to the misconduct committed by the Member and is reasonable given the circumstances of this case. The penalty proposed by the parties is also within a reasonable range, based on the following similar cases presented by the parties: Ontario College of Teachers v. Van Duyse, 2015 ONOCT 83, Ontario College of Teachers v. Vasta, 2016 ONOCT 95, Ontario College of Teachers v. Chiarot, 2016 ONOCT 10, Ontario College of Teachers v. Pecile, 2016 ONOCT 41, Ontario College of Teachers v. Shackleton, 2018 ONOCT 1, and Ontario College of Teachers v. Green-Johnson, 2018 ONOCT 30.
The Committee finds that the Member’s conduct warrants a reprimand by his peers. The Committee is troubled that the Member yelled at students, used his cell phone during instructional time, and fell asleep during instructional time. The reprimand will allow the Committee 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.
The Committee finds that the course of instruction regarding appropriate professional boundaries with students 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 interactions with students.
Given the nature of the Member’s conduct, the Committee finds that a one-month suspension is reasonable and appropriate. The Member yelled at his students on more than one occasion. Members of the profession are expected to treat students with respect at all times and the Member failed to meet this expectation. The Member also acted inappropriately when he used his cell phone and fell asleep during instructional time. Members of the profession are expected to be role models for students and to promote student learning. They should be engaged in their lessons and make good use of instructional time. The Member fell short of meeting this expectation and he demonstrated a lack of professional judgment. The Committee is concerned that the Member repeatedly failed to maintain proper classroom management despite prior discipline from his Board and the College. The one-month suspension will act as a specific deterrent, and the recording of the suspension on the Register will serve as a general deterrent to other members of the teaching profession.
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 23, 2019
John Hamilton, OCT
Chair, Discipline Panel
Marlène Marwah
Member, Discipline Panel
Sara Nouini, OCT
Member, Discipline Panel