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
Hans Edouard Unruh, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
HANS EDOUARD UNRUH (REGISTRATION #239790)
PANEL: John Hamilton, OCT, Chair Marlène Marwah Sara Nouini, OCT
HEARD: June 3, 2019
Ava Arbuck of McCarthy Tétrault LLP, for Ontario College of Teachers
No one appearing for Hans Edouard Unruh
Julie Maciura of Steinecke Maciura LeBlanc, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsections 32.1(3) and 32.1(4) 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, or the person who was allegedly sexually abused or the subject of the sexual misconduct or a prohibited act involving child pornography.
By order of Justice F. O’Donnell 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 June 3, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated September 29, 2016 (Exhibit 1) was served on Hans Edouard Unruh (the “Member”), requesting his presence on October 26, 2016 to set a date for hearing and specifying the allegations. The hearing was subsequently set for June 3, 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 Notice of Hearing are as follows:
IT IS ALLEGED that the Member is guilty of professional misconduct as defined in subsections 30(2) and 40(1.1)1 of the Ontario College of Teachers 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 physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);2
(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 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
(g) he 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 2), which provides the following:
Hans Edouard Unruh 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 Niagara Catholic District School Board as a teacher at [XXX] School (the “School”) in St. Catharines, Ontario.
In the academic year 2010-2011, Student 1 was a female student at the School.
Beginning in the spring of the academic year 2010-2011, when Student 1 was [XXX] years old, the Member engaged in a personal and sexual relationship with Student 1 which included sexual intercourse. The relationship continued until the summer of 2013.
The Member resigned from his employment with the Board on or about April 22, 2014.
On January 7, 2019, in the Ontario Court of Justice, the Member pleaded guilty to one count of sexual exploitation, contrary to section 153(1.1) of the Criminal Code of Canada, with respect to his relationship with Student 1. Attached hereto and marked as Exhibit “B” is a copy of the transcript from the January 7, 2019 guilty plea proceedings.
Sentencing proceedings for the Member are underway in the Ontario Court of Justice. Attached hereto and marked as Exhibit “C” is a copy of the transcript from the March 22, 2019 sentencing proceedings.
Guilty Plea
By this document,3 the Member admits the truth of the facts and exhibits referred to in the 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(7.2), 1(7.3), 1(15), 1(18), and 1(19).The Member further acknowledges that the alleged conduct constitutes sexual abuse as defined in Section 1 of the Act.
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 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;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the opportunity to obtain advice from legal counsel.
- In light of the Admitted Facts and circumstances and the guilty plea, the Ontario College of Teachers and the Member jointly submit that the Discipline Committee find the Member guilty of professional misconduct.
DECISION
Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (b) of the Notice of Hearing, namely that the Member contravened subsection 1(7.1) of Ontario Regulation 437/97, be withdrawn. The Committee granted this request.
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Committee rendered an oral decision on June 3, 2019 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 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.
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 7 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. He 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(7.2), 1(7.3), 1(15), 1(18), and 1(19).
Paragraphs 4, 6 and Exhibits B and C 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 4, 6 and Exhibits B and C of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2).
Paragraphs 4, 6 and Exhibits B and C of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students 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 4, 6 and Exhibits B and C 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 4, 6 and Exhibits B and C 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 4, 6 and Exhibits B and C 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 3), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:
direct that the Member receive a reprimand, 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.
Although not addressed in the Joint Submission on Penalty, College Counsel requested that the reprimand be delivered in writing given that the Member is presently in custody and will be unable to attend for an oral reprimand in the near future.
PENALTY DECISION
In an oral decision rendered on June 3, 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. The reprimand will be delivered in writing.
REASONS FOR PENALTY DECISION
The Member’s misconduct consisted of or included 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 Committee must make 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 makes both of these orders, notes that it has no discretion in this regard and denounces the Member’s 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: June 3, 2019
John Hamilton, OCT
Chair, Discipline Panel
Marlène Marwah
Member, Discipline Panel
Sara Nouini, OCT
Member, Discipline Panel
Footnotes
- Section 40(1.1) was cited in the original Notice of Hearing. However, this provision has been repealed after amendments to the Act came into force on December 5, 2016.
- Allegation Withdrawn.
- For the purposes of paragraphs 8 and 10, this “document” refers to the Agreed Statement of Facts and Guilty Plea.