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
Connie Frances Cosentino-Galloro, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
CONNIE FRANCES COSENTINO-GALLORO (REGISTRATION # 511116)
PANEL: John Hamilton, OCT, Chair Godwin Ifedi Sara Nouini, OCT
HEARD: January 17, 2019
Caroline Humphrey and Ava Arbuck of McCarthy Tétrault LLP, for Ontario College of Teachers, assisted by Amy Leung, Law Clerk
Jerry Raso of Ontario English Catholic Teachers’ Association for Connie Frances Cosentino-Galloro
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.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on January 17, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated April 10, 2018 (Exhibit 1) was served on Connie Frances Cosentino-Galloro (the “Member”), inviting her to participate in the scheduling of the hearing and specifying the allegations.” The hearing was subsequently set for January 17, 2019.
The Member was in attendance for the hearing and 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 Connie Frances Cosentino-Galloro is guilty of professional misconduct as defined in the Ontario College of Teachers Act, 1996 (the “Act”) in that:
(a) she signed or issued, in the member’s professional capacity, a document that the member knew or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);
(b) she failed to comply with the Act or the regulations or the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14);
(c) 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);
(d) 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
(e) 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 2), which provides the following:
Connie Frances Cosentino-Galloro 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 York Catholic District School Board (the “Board”).
All Board employees receive healthcare benefits through Sun Life Financial, the Board’s benefits provider (the “benefits provider”).
The benefits provider conducts random audits by contacting the service providers named on claims submitted electronically by Board employees, to determine whether the services claimed had been provided. The Member was subject to a random audit for services she claimed on behalf of herself and her family over a two week period in April 2015.
During the audit process, the service providers advised the benefits provider that the services claimed by the Member had not been provided. As a result, the benefits provider conducted an audit of other claims submitted electronically by the Member for various healthcare services (including chiropractic, massage and optical services) for her and her family dating back to 2010.
The benefits provider determined that the Member had submitted 77 false claims for services not rendered, out of approximately 946 claims submitted between October 2010 and December 2014. Of those claims, the Member had received payment in the amount of $3385; additional monies had been claimed by the Member, but had not been paid by the benefits provider.
The Board advised the Member that she would have to repay the $3385 owed to the benefits provider, and the Member repaid the money by June 2, 2016.
The Board issued a discipline letter to the Member dated November 1, 2016 advising the Member that “falsely submitting claims is a serious misrepresentation,” and that reimbursing the benefits provider did not absolve the Member of her responsibility in this matter. The Board suspended the Member without pay for six months and has prohibited the Member from using the benefit provider’s electronic claim filing system. OECTA has filed a grievance in relation to this matter, which is currently outstanding. Attached hereto and marked as Exhibit “B” is a copy of the Board’s letter to the Member dated November 1, 2016 and a copy of the OECTA grievance letter.
The Member acknowledges that between October 2010 and December 2014, she submitted false and/or inaccurate on-line benefit claims with the Board’s benefits provider seeking reimbursement for various healthcare services for her and her family. The Member believes she made mistakes regarding many of the claims identified by the benefits provider due to her lack of attention to details and dates. She accepts responsibility and is remorseful.
The Member acknowledges that her conduct fell below the standards of the profession. Attached hereto and marked as Exhibit “C” is the College’s Ethical Standards for the Teaching Profession and the Standards of Practice for the Teaching Profession.
GUILTY PLEA
By this document,1 the Member admits the truth of the facts and exhibits referred to in paragraphs 1 to 10 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 her, being more particularly breaches of Ontario Regulation 437/97 subsections 1(12), 1(14), 1(15), 1(18) (unprofessional), 1(19).
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 otherwise 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 does not bind the Discipline Committee;
f. she understands and acknowledges that she is executing the Agreed Statement of Facts and Guilty Plea voluntarily, unequivocally and with the advice of legal counsel.
- In light of the Admitted Facts 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.
DECISION
Counsel for the College requested that, with respect to subsection 1(18) of Ontario Regulation 437/97, the Committee find that the Member’s conduct was unprofessional only (and not disgraceful or dishonourable). The Committee granted this request.
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Committee rendered an oral decision on January 17, 2019 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(12), 1(14), 1(15), 1(18) (unprofessional) and 1(19).
REASONS FOR DECISION
The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 10 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(12), 1(14), 1(15), 1(18) (unprofessional) and 1(19).
Paragraphs 5, 6 and 9 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member, signed or issued, in the Member’s professional capacity, a document that the Member knew or ought to have known contained a false, improper or misleading statement contrary to Ontario Regulation 437/97, subsection 1(12).
Paragraphs 5, 6, 9 and 10 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member failed to comply with the ethical standards of the teaching profession under subsection 32.02 of the Bylaws of the Ontario College of Teachers, specifically, trust and integrity, contrary to Ontario Regulation 437/97, subsection 1(14).
Paragraphs 5, 6 and 9 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 of the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15).
Paragraphs 5, 6 and 9 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member committed an act or omission that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18).
Paragraphs 5, 6 and 9 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
The parties provided the Committee with a Joint Submission on Penalty (Exhibit 3), indicating that the appropriate penalty to be imposed in this matter would be that the Committee:
direct the Member 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”);
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 of the Order of the Discipline Committee, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding ethics and personal responsibility, subject to the following conditions;
i. the Member will provide to a 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. 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 her completion of the courses 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.
PENALTY DECISION
In an oral decision rendered on January 17, 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 analogous case presented by College Counsel: Ontario College of Teachers v. Millson, 2018 ONOCT 18.
The Committee finds that the Member’s submission of false employee healthcare benefit claims warrants a reprimand by her peers. Teachers are leaders in the community who are expected to act with integrity and to model honesty to their students. Though the Member’s conduct did not directly involve students, it has nevertheless undermined the public’s confidence in teachers and tarnished the reputation of the teaching profession. The reprimand will allow the Committee to directly address its concerns about the Member’s dishonesty, poor professional judgement and unethical conduct, 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 teaching profession and a reminder about their professional obligations.
The Committee finds that the course of instruction regarding ethics and personal responsibility will assist in the rehabilitation of the Member and reaffirm her responsibilities as a teacher, a leader in the school community, and as a role model for students. The coursework will also remind the Member of her professional obligation to ethical conduct both within and beyond the classroom.
The Committee is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: January 21, 2019
John Hamilton, OCT Chair, Discipline Panel
Godwin Ifedi Member, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel