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
Jessica Natalia Dorego Beraldin, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
JESSICA NATALIA DOREGO BERALDIN (REGISTRATION #588408)
PANEL: Tom Potter, Chair Claudia Patenaude-Daniels, OCT Stéphane Vallée, OCT
HEARD: June 12, 2019
Jean-François Schaan, for Ontario College of Teachers
No one appearing for Jessica Natalia Dorego Beraldin
Rebecca Durcan 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.
By order of Justice H. Perkins-McVey 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.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 12, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated January 24, 2019 (Exhibit 1) was served on Jessica Natalia Dorego Beraldin (the “Member”), inviting her to participate in the scheduling of the hearing and specifying the allegations.
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 Jessica Natalia Dorego Beraldin is guilty of professional misconduct as defined in the Ontario College of Teachers Act, 1996 (the “Act”) in that:
(a) she failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(b) she abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
(c) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(d) she 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) 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);
(f) she 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) she contravened a law, the contravention of which has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);
(h) 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
(i) 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:
Jessica Natalia Dorego Beraldin 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 [Name of School Board] as a teacher at [Name of School] (the “School”) in [City].
At all material times, Student 1 was a male student at the School.
The Member taught Student 1 in the course of the [years] academic year, when Student 1 was [age]. During that academic year, the Member and Student 1 built a close bond.
The Member’s relationship with Student 1 continued after the end of the [years] academic year.
Between [dates], the Member engaged in an inappropriate personal relationship with Student 1. The Member was no longer Student 1’s teacher, but she invited Student 1 to assist her in [activity] at the School. The Member and Student 1 attended some social outings together outside of school hours and also exchanged text messages and emails.
Between [dates], the Member kissed Student 1 on three occasions, exposed her breasts and allowed Student 1 to have contact with them on two occasions, and sent sexually explicit photos by text message to Student 1 on one occasion.
On April 1, 2016, the Member was charged with the following:
(a) Between [dates], did commit a sexual assault on Student 1 contrary to section 271 of the Criminal Code (Canada);
(b) Between [dates], did, being a person who was in a position of trust and authority towards a young person, for a sexual purpose invite that young person, namely Student 1, to directly or indirectly touch with a part of his body the body of the Member, contrary to section 153(1.1) of the Criminal Code (Canada); and
(c) Between [dates], did distribute sexually explicit material to a person, namely Student 1, for the purpose of facilitating the commission of an offence under subsection 153(1) of the Criminal Code (Canada) with respect to that person, contrary to section 171.1(2) of the Criminal Code (Canada).
On June 20, 2017, the Member pleaded guilty to, and was convicted of, one count of sexual assault on Student 1, contrary to Section 271 of the Criminal Code (Canada).
On February 8, 2018, the Member was sentenced to a conditional sentence of six months and to 18 months’ probation. The Member was also made the subject of a number of ancillary orders. The other charges were withdrawn at the request of the Crown.
The Member did not appeal her conviction and/or sentence.
Attached hereto and marked as Appendix “B” is a certified copy of the court information with appearance dates and disposition.
Attached hereto and marked as Appendix “C” is a certified copy of the Member’s guilty plea before the Honourable Justice Perkins-McVey, dated June 20, 2017.
Attached hereto and marked as Appendix “D” is a certified copy of the reasons for sentence of the Honourable Justice Perkins-McVey, dated February 8, 2018.
Guilty Plea
By this document,1 the Member admits the truth of the facts and appendices 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 her, 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(17), 1(18) and 1(19). The Member further acknowledges that the alleged conduct constitutes sexual abuse as defined in Section 1 of the Ontario College of Teachers Act, 1996.
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 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 in this document does not bind the Discipline Committee;
(f) she understands and acknowledges that she is executing this agreement voluntarily, unequivocally, and without 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 June 12, 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(17), 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 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(5), 1(7.1), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19).
Paragraphs 2-10 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 6-10 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1).
Paragraphs 6-10 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 6-10 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/or engaged in sexual abuse of a student or students as defined in section 1 of the Act.
Paragraphs 2-10 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 7-10 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).
Paragraphs 7-10 of the Agreed Statement of Facts and Guilty Plea demonstrate that the Member contravened a law, the contravention of which has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17).
Paragraphs 6-10 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 6-10 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, in writing, and that 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 June 12, 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 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: (1) requiring that the Member be reprimanded by the Committee; and (2) 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.
Date: June 12, 2019
______________________________
Tom Potter
Chair, Discipline Panel
______________________________
Claudia Patenaude-Daniels, OCT
Member, Discipline Panel
______________________________
Stéphane Vallée, OCT
Member, Discipline Panel