Discipline Committee of the Ontario College of Teachers
ORAL DECISION ON FINDING
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
Timothy Edward Bradley, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
TIMOTHY EDWARD BRADLEY (REGISTRATION #259944)
PANEL: Diane Ballantyne, OCT, Chair Rebecca Forte, OCT Marlène Marwah
HEARD: June 24, 2019
Ava Arbuck and Vincent DeMarco of McCarthy Tétrault LLP, for Ontario College of Teachers
Jerry Raso of Ontario English Catholic Teachers’ Association, for Timothy Edward Bradley
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 June 24, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
Timothy Edward Bradley (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.
DECISION
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Committee finds that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(14), 1(15), 1(18) and 1(19).
PENALTY
On June 24, 2019, the Committee received the parties’ Joint Submission on Penalty (Exhibit 3) and sought additional submissions with respect to the timing of the suspension. The Committee was concerned that the proposed penalty was too lenient because the suspension would have been served almost entirely during the summer, when the Member was not expected to teach. The Committee therefore sought additional submissions from the parties as to how the objectives of specific deterrence, general deterrence and the protection of the public interest would be served if the Member were ordered to serve his two-month suspension in July and August, when teachers do not normally teach. If the suspension portion of the penalty was intended to remove the Member from the teaching profession for two months, the Committee was concerned that it would not have the intended effect if the Member were able to serve his suspension in July and August. The parties were given an opportunity to address the Committee’s concerns and did so. The Committee has reserved its decision with respect to penalty.
A written decision with reasons will follow, after the Committee has concluded its deliberations.
Date: June 24, 2019
Diane Ballantyne, OCT Chair, Discipline Panel
Rebecca Forte, OCT Member, Discipline Panel
Marlène Marwah Member, Discipline Panel