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
Trevor Scott Norton, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
TREVOR SCOTT NORTON (REGISTRATION #510515)
PANEL: Rebecca Forte, OCT, Chair Sara Nouini, OCT Tom Potter
HEARD: May 6, 2019
Zirka Jakibchuk for Ontario College of Teachers No one appearing for Trevor Scott Norton 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.
By order of Justice M. Harpur of the Superior 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 6, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated August 14, 2018 (Exhibit 1) was served on Trevor Scott Norton (the “Member”), inviting him to participate in the scheduling of the hearing and specifying the allegations. The hearing was subsequently set for May 6, 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 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);
(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 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) 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
(h) 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:
Trevor Scott Norton is a member of the Ontario College of Teachers. 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 Simcoe Muskoka Catholic District School Board as a [XXX] Teacher at [XXX] School (the “School”) in [XXX], Ontario.
At all material times, Person A was a [XXX] -year-old female.
In or around 2010, the Member:
(a) had inappropriate physical contact with Person A; and
(b) had sexual contact with Person A.
On or about May 17, 2016, the Member was arrested and charged with one count of sexual interference, contrary to section 151 of the Criminal Code (Canada), and one count of sexual assault, contrary to section 271 of the Criminal Code (Canada).
On or about December 5, 2016, the Board suspended the Member without pay.
On or about March 22, 2017, the Member resigned from his employment with the Board.
On or about March 23, 2017, the Member pleaded guilty to one count of sexual assault, contrary to section 271 of the Criminal Code (Canada). The Crown withdrew the sexual interference charge.
On or about March 23, 2017, the Member was sentenced to seven days in intermittent custody, and to two years of probation. The Member was also made the subject of several ancillary orders.
The Member did not appeal his conviction and/or sentence.
Attached hereto and marked as Appendix “B” are certified copies of the Court Information dated June 3, 2016, and the Appearances and Disposition.
Attached hereto and marked as Appendix “C” are certified copies of the Probation Order and Intermittent Probation Order, dated March 23, 2017.
Attached hereto and marked as Appendix “D” are certified copies of the ancillary orders dated March 23, 2017.
Attached hereto and marked as Appendix “E” is a certified copy of the Transcript of Proceedings at Trial before the Honourable Justice N.A. Dawson on March 23, 2017.
GUILTY PLEA
By this document1, the Member admits the truth of the facts and exhibits referred to in paragraphs 1-14 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(7.1), 1(7.2), 1(7.3), 1(15), 1(16), 1(18), and 1(19). The Member also acknowledges that he engaged in sexual abuse of a student 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 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 him and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel or with the opportunity to have obtained the advice of legal counsel.
- In light of the Admitted Facts and circumstances 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
Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Committee rendered an oral decision on May 6, 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(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 14 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(7.1), 1(7.2), 1(7.3), 1(15), 1(16), 1(18) and 1(19).
Paragraphs 3-5 and 8-14 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). The Committee accepts College Counsel’s submissions that expert evidence is not required to prove a member’s breach of the standards of the profession where the conduct is “so offside what is acceptable as to be self-evidently misconduct” (Novick v. Ontario College of Teachers, 2016 ONSC 508 at para. 71). The Member was convicted of sexually assaulting Person A, who was a [XXX]-year-old girl. This conduct is so egregious that expert evidence is not required to prove that he failed to maintain the standards of the profession.
Paragraphs 3-5 and 8-14 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). The Committee accepts College Counsel’s submissions that the Member’s sexual assault of Person A also constitutes physical abuse.
Paragraphs 3-5 and 8-14 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). As set out in the Reasons for Sentence of Justice N. A. Dawson dated March 23, 2017, Person A’s victim impact statement describes the emotional impact that the Member’s actions had on her. She did not feel safe around him, she felt uncomfortable, and she felt afraid (see Exhibit 2 at Appendix E). The Committee therefore accepts that the Member’s conduct was psychologically or emotionally abusive.
Paragraphs 3-5 and 8-14 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. The Committee accepts College Counsel’s submission that Person A, a [XXX]-year-old girl at the time at all material times, can be properly described as a “student”, even though she was not the Member’s student (see Ontario College of Teachers v. Iason, 2017 ONOCT 89). The Member’s sexual assault of Person A therefore meets the definition of sexual abuse as defined in the Act, which includes touching, of a sexual nature, of a student by a member.
Paragraphs 3-5 and 8-14 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). The Member’s sexual abuse of a [XXX]-year-old girl is a clear breach of the duties of a teacher set out at subsection 264(1)(c) of the Education Act, which provides that teachers are expected to demonstrate the highest regard for “truth, justice, loyalty, love of country, humanity, benevolence, sobriety, industry, frugality, purity, temperance and all other virtues.”
Paragraphs 5, 8 and 10-14 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). The Member’s sexual assault of a [XXX]-year-old girl and his ensuing criminal conviction call into question his suitability to hold a certificate of qualification and registration.
Paragraphs 3-5 and 8-14 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). The sexual assault of a young girl by a member of the teaching profession is disgraceful, dishonourable and unprofessional.
Paragraphs 3-5 and 8-14 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). The Member’s unacceptable conduct has undermined the reputation of the teaching profession.
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 to 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.
PENALTY DECISION
In an oral decision rendered on May 6, 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 or included the sexual abuse of a student, as described at subsection 30.2(2) of the Act. Given this finding, section 30.2(1) of the Act provides that the Committee shall:
(a) make an order requiring that the member be reprimanded by the Committee;
(b) make an interim order directing the Registrar to suspend the member’s certificate of qualification and registration until the Committee makes an order under clause (c); and
(c) make an order directing the Registrar to revoke the Member’s certificate of qualification and registration.
The Committee accepts College Counsel’s submissions that the interim order is not necessary when the other mandatory penalty orders are made on the same day as the Committee’s factual findings.
In relation to the reprimand and revocation, 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.
With respect to the form of the reprimand, the Committee accepts College Counsel’s submission that it is reasonable in the circumstances to order that the reprimand be delivered in writing.
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 7, 2019
______________________________
Rebecca Forte, OCT Chair, Discipline Panel
______________________________
Sara Nouini, OCT Member, Discipline Panel
______________________________
Tom Potter Member, Discipline Panel