DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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 John Thomas Orme, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS – and – JOHN THOMAS ORME (REGISTRATION #440553)
PANEL: Nicola Powadiuk, OCT, Chair Benoît Dussault, OCT Richard Filion
HEARD: September 18, 2019
Jason Bennett, for the Ontario College of Teachers No one appearing for John Thomas Orme 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.
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”).
2John Thomas Orme (the “Member”) did not attend the hearing and did not have legal representation.
A. DECISION on finding
3Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (a) of the August 31, 2016 Notice of Hearing, namely that the Member contravened subsection 1(5) of Ontario Regulation 437/97, be withdrawn. The Panel granted this request.
4Having considered the evidence, onus and standard of proof, and the submissions of College Counsel, the Panel finds that the particulars alleged in the Notice of Hearing dated August 31, 2016 were proven, and that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7), 1(7.2), 1(11), 1(15), 1(18) and 1(19).
B. Decision on penalty
5Having heard the submissions of College Counsel on penalty, the Panel makes the following order:
The Member is directed to appear before the Discipline Committee within 90 days of the Panel’s Decision, Reasons for Decision and Order to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, 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 impose the following terms, conditions or limitations (“TCLs”) on the Member’s Certificate of Qualification and Registration, the fact of such TCLs to be recorded on the Register until such time as they are fulfilled:
(a) the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding professional boundaries with a focus on sensitivities towards students, subject to the following conditions;
(i) the Member will provide to the course provider approved by the Registrar a copy of the Panel’s Decision, Reasons for Decision and Order;
(ii) upon review of the documents 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 Panel’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 (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;
(c) the Member shall complete all of the TCLs outlined in paragraph 2(a) and 2(b) prior to returning to teaching;
- The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of three months, subject to the following:
(a) the suspension shall commence on the date that the Member returns to teaching after completing the TCLs outlined in paragraph 2;
(b) the suspension shall be served during the school year; and
(c) the fact of the suspension shall be recorded on the Register.
C. DECISION on costs
6Having heard the submissions of College Counsel on costs, the Panel makes the following order:
- The Member is directed to pay costs of this proceeding, fixed in the amount of $3000.00, to the College within 90 days of the date of the Decision, Reasons for Decision and Order.
7A written decision with reasons will follow.
Date: September 18, 2019
Nicola Powadiuk, OCT Chair, Discipline Panel
Benoît Dussault, OCT Member, Discipline Panel
Richard Filion Member, Discipline Panel