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 Melissa Lefebvre, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS – and – MELISSA LEFEBVRE (REGISTRATION #486956)
PANEL: Nicola Powadiuk, OCT, Chair Benoît Dussault, OCT Richard Filion
HEARD: September 18, 2019
Zirka Jakibchuk, for the Ontario College of Teachers No one appearing for Melissa Lefebvre Erica Richler, 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 G. M. Hornblower 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.
1This matter was heard before a panel of the Discipline Committee (the “Panel”) on September 18, 2019 at the Ontario College of Teachers (the “College”).
2Melissa Lefebvre (the “Member”) did not attend the hearing and did not have legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.
A. THE ALLEGATIONS
3The allegations against the Member in the Notice of Hearing dated July 24, 2019 (Exhibit 1) are as follows:
IT IS ALLEGED that Melissa Lefebvre 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).
B. AGREED STATEMENT OF FACTS
4College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:
Melissa Lefebvre 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 Lambton Kent District School Board as a [XXX] teacher at [XXX] School (the “School”) in Sarnia, Ontario. The Member was also the [XXX] for the [XXX].
At all material times, Student 1 was a male student at the School and a member of the [XXX]. The Member taught Student 1 and had frequent communications and interactions with him regarding school events as the [XXX] for the [XXX].
The Member commenced a personal relationship with Student 1 between May and June 2016, when Student 1 was [XXX] years old. The Member’s first sexual encounter with Student 1 occurred in the Member’s car in May or June 2016, after she picked Student 1 up following his [XXX] game.
Between or around May 2016 and June 2017, when Student 1 was [XXX] and [XXX] years old, the Member had an inappropriate personal and sexual relationship with Student 1, which included kissing, performing oral sex on Student 1 and having sexual intercourse with Student 1.
During this time, the Member performed oral sex on Student 1 approximately six to seven times and the Member had sexual intercourse with Student 1 approximately 15 to 16 times. The sexual contact between the Member and Student 1 occurred in the Member’s car, at the Member’s home and at Student 1’s home while his parents were out of the country.
On or about June 15, 2017, the Member was charged with sexual exploitation of Student 1 under section 153(1)(a) of the Criminal Code (Canada) (the “Code”).
That same day, the Board suspended the Member without pay.
On or about July 24, 2017, the Member was further charged with sexual assault of Student 1 under section 271 of the Code.
On July 13, 2018, the Member pleaded guilty to sexual exploitation, contrary to section 153(1)(a) of the Code. The sexual assault charge was withdrawn at the request of the Crown.
On July 16, 2018, the Board terminated the Member’s employment for cause.
On January 10, 2019, the Member was sentenced to 14 months’ incarceration and two years of probation. The Member was also made the subject of a number of ancillary orders.
The Member did not appeal her conviction and/or sentence.
Attached hereto and marked as Appendix “B” are certified copies of the Court Information dated June 15 and July 24, 2015 [sic], along with the Appearances and disposition in the criminal proceeding.
Attached hereto and marked as Appendix “C” is a certified copy of the Adult Probation Order dated January 10, 2019.
Attached hereto and marked as Appendix “D” are certified copies of the ancillary orders dated January 10, 2019.
Attached hereto and marked as Appendix “E” is a certified copy of the transcript of the Proceedings at Guilty Plea before the Honourable Justice G. M. Hornblower on July 13, 2018.
Attached hereto and marked as Appendix “F” is a certified copy of the transcript of the Reasons for Sentence before the Honourable Justice G. M. Hornblower on January 10, 2019.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in paragraphs 1-18 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 also acknowledges that she engaged in sexual abuse of a student, 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 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.
C. DECISION
5Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on September 18, 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.
D. REASONS FOR DECISION
6The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 18 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against them. They acknowledged and the Panel accepts that the Admitted Facts constitute professional misconduct under the headings of misconduct set out above. The Admitted Facts demonstrate that between or around May 2016 and June 2017 the Member had an inappropriate personal and sexual relationship with Student 1, which included kissing, performing oral sex on Student 1 and having sexual intercourse with Student 1.
7Engaging in a sexual relationship with a student is a clear breach of the standards of the profession and a violation of a teacher’s position of trust. The Member’s behaviour toward the Student constituted physical, psychological and sexual abuse. She contravened section 264(1)(c) of the Education Act by failing to act as an appropriate role model. She contravened section 153(1)(a) of the Criminal Code of Canada, making her unsuitable to hold a Certificate of Qualification and Registration. Her behaviour was disgraceful, dishonourable, unprofessional and unbecoming of a member.
E. PENALTY DECISION
8The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on September 18, 2019, the Panel accepted the Joint Submission on Penalty and made 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”); and
The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar.
F. REASONS FOR PENALTY DECISION
9The Member’s professional misconduct consisted of or included the 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 Panel must make an order: (1) requiring that the Member be reprimanded by the Panel; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Panel makes both of these orders. The Panel notes that it has no discretion in this regard. The Panel denounces the Member’s misconduct in the strongest terms.
Date: September 18, 2019
Nicola Powadiuk, OCT Chair, Discipline Panel
Benoît Dussault, OCT Member, Discipline Panel
Richard Filion Member, Discipline Panel