DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
ORAL 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
Andrew Alexander Weglarz, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
ANDREW ALEXANDER WEGLARZ (REGISTRATION #647896)
PANEL: Jonathan Rose, Chair Marlène Marwah Stéphane Vallée, OCT
HEARD: July 15 and 16, 2019
Stephanie Sugar and Steven Chadwick of McCarthy Tétrault LLP, for Ontario College of Teachers
No one appearing for Andrew Alexander Weglarz
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.
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on July 15 and 16, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
Andrew Alexander Weglarz (the “Member”) was not in attendance for the hearing and did not have legal representation.
DECISION
Having considered the evidence at the hearing and the submissions of Counsel for the College, the Committee finds that the particulars alleged in the Notice of Hearing dated December 21, 2018 were proven with one exception. The Committee finds that there was insufficient evidence to conclude that the Member contacted students of the School while under suspension and despite a direction to the contrary. In light of its evidentiary findings, 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 DECISION
Having heard the evidence called at the penalty hearing and the submissions of College Counsel on the appropriate penalty, the Committee makes the following order:
The Member is directed to receive a written reprimand and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of three months commencing on the date of this Order, and the fact of the suspension is to be recorded on the Register;
The Registrar is directed to impose the following terms, conditions or limitations (“TCLs”) 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) prior to commencing a teaching position or any position for which a Certificate of Qualification and Registration is required (a “Teaching Position”), the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding appropriate boundaries with colleagues, subject to the following conditions;
(i) the Member will provide to a course provider approved by the Registrar a copy of the Decision, Reasons for Decision and Order of the Discipline Committee;
(ii) following review of the document noted at paragraph (i) above, the course provider 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;
(iii) the syllabus proposed by the course provider 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 his completion of the course outlined in 3(a) above, the Member shall provide to the Registrar a written report from the course provider:
(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.
The Registrar is further directed to impose the following TCLs 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: [XXX] and
The full TCLs noted in paragraph 4 above will appear on the Register, on the Member’s Certificate and on any Statement of Professional Standing issued by the College and may be provided to anyone who asks to see them as they form part of the Register. The information to be recorded on the website version of the Register with respect to the TCLs contained in paragraph 4 will be as follows:
“By order of the Discipline Committee, the Member’s Certificate of Qualification and Registration is subject to terms, conditions or limitations set out in the Decision and Order of the Discipline Committee dated July 16, 2019.”
COSTS DECISION
The Committee heard submissions on costs from College Counsel. The Committee concluded that the amount set out in Tariff A of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee does not apply to the costs of a motion. College Counsel requested the opportunity to file further evidence or submissions in respect of the costs of the April 25, 2019 motion. The Committee grants this request. Counsel for the College shall serve and file further material in relation to the costs of the April 25, 2019 motion within 10 days from the date of this Order. The Member shall have five days from receipt of the new materials to respond. The Committee’s decision on the costs of both the April 25, 2019 motion and the July 15-16, 2019 hearing is reserved.
A written decision with reasons will follow.
Date: July 16, 2019
______________________________
Jonathan Rose
Chair, Discipline Panel
______________________________
Marlène Marwah
Member, Discipline Panel
______________________________
Stéphane Vallée
Member, Discipline Panel