DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Chung 2019 ONOCT 80

Date: 2019-10-16

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

Robert Young Chung, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ROBERT YOUNG CHUNG (REGISTRATION # 494546)

PANEL: Stéphane Vallée, OCT, Chair Mary Ellen Gucciardi, OCT Godwin Ifedi

HEARD: October 16, 2019

Zirka Jakibchuk, for the Ontario College of Teachers

No one appearing for Robert Young Chung

Rebecca Durcan, 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. McKelvey 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(1) of the Criminal Code.

1This matter was heard before a panel of the Discipline Committee (the “Panel”) on October 16, 2019 at the Ontario College of Teachers (the “College”).

2Robert Young Chung (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. PUBLICATION ban

3The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (the “Act”), which makes such an order mandatory. Accordingly, 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.

4Additionally, the Panel received a certified copy of the transcript of the Proceedings at Trial from the Member’s criminal proceeding before Justice M. McKelvey, dated July 18, 2018 (Exhibit 2 at Tab D). In these proceedings before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4(1) of the Criminal Code of Canada. The Panel is required to uphold this publication ban. Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.

B. THE ALLEGATIONS

5The allegations against the Member in the Notice of Hearing dated August 13, 2019 (Exhibit 1) are as follows:

IT IS ALLEGED that the Member is guilty of professional misconduct as defined in 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 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) 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);

(i) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).

C. AGREED STATEMENT OF FACTS

6College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:

1. Robert Young Chung is a member of the Ontario College of Teachers (the “College”). Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.

2. At all material times, the Member was employed by the Durham Catholic District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in [XXX], Ontario.

3. At all material times, Student 1 was a female student at [XXX] School in [XXX], Ontario, and was a former student of the Member. The Member taught Student 1 until the end of the 2007-2008 academic year, when Student 1 [XXX] from Grade [XXX] at the School.

4. Between the 2008-2009 and 2011-2012 academic years, the Member had an inappropriate personal relationship with Student 1.

5. By March 2011, when Student 1 was [XXX] years old, the Member was engaged in a sexual relationship with Student 1, which included vaginal intercourse. The sexual relationship lasted for approximately two years.

6. In or around March 2011, Student 1 became pregnant with the Member’s child and the Member paid for Student 1 to have an abortion.

7. On or about March 30, 2016, the Member was arrested and charged with the following:

(a) four counts of sexual assault of Student 1 contrary to section 271 of the Criminal Code (Canada) (the “Code”);

(b) four counts of sexual interference with Student 1 contrary to section 151 of the Code;

(c) one count of sexual exploitation of Student 1 contrary to section 153 of the Code; and

(d) one count of invitation to sexual touching of Student 1 contrary to section 152 of the Code.

8. The Member was committed to stand trial for one count each of sexual assault, sexual interference, sexual exploitation and invitation to sexual touching.

9. On July 18, 2018, the Member was convicted of sexual exploitation contrary to section 153 of the Code. The Member was acquitted of the other offences.

10. On November 26, 2018, the Board terminated the Member’s employment for cause.

11. On January 25, 2019, the Member was sentenced to incarceration for a period of 30 months. The Member was also made the subject of various ancillary orders.

12. The Member did not appeal his conviction and/or sentence.

13. Attached hereto and marked as Appendix “B” are certified copies of the Court Information and Replacement Information dated March 30, 2016, Indictment dated May 23, 2017, appearances and endorsements in the criminal proceeding.

14. Attached hereto and marked as Appendix “C” are certified copies of the ancillary orders dated January 25 and February 19, 2019.

15. Attached hereto and marked as Appendix “D” is a certified copy of the transcript of the Proceedings at Trial before the Honourable Justice M. McKelvey dated July 18, 2018.

16. Attached hereto and marked as Appendix “E” is a certified copy of the Reasons for Sentence of the Honourable Justice M. McKelvey dated January 25, 2019.

GUILTY PLEA

17. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1 to 16 above (the “Admitted Facts”).

18. The Member hereby acknowledges that the Admitted Facts at paragraphs 3 to 16 above 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(17), 1(18) and 1(19). The Member further acknowledges that he engaged in sexual abuse of a student, as defined in section 1 of the Act.

19. 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 or his counsel and counsel for the College with respect to the penalty does not bind the Discipline Committee; and,

(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.

20. In light of the Admitted Facts and circumstances and the plea of guilt, the College and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

D. DECISION

7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on October 16, 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 the sexual abuse of a student of a nature defined in section 1 of the Act.

E. REASONS FOR DECISION

8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 16 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. He 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 the Member engaged in an inappropriate relationship with Student 1 that subsequently developed into a sexual relationship. The Member’s sexual relationship with Student 1 lasted approximately 2 years and included vaginal intercourse. Student 1 became pregnant with the Member’s child and the Member paid for Student 1 to have an abortion. On July 18, 2018, the Member was convicted of sexual exploitation of Student 1, contrary to section 153 of the Code, and was sentenced to incarceration for a period of 30 months.

9The Member’s sexual relationship with Student 1 constitutes physical, psychological, emotional and sexual abuse. Engaging in the sexual abuse of a student is a clear breach of the standards of the profession and an abhorrent abuse of the Member’s authority as a teacher. Further, his inappropriate and subsequent sexual relationship with Student 1 demonstrates that he contravened section 264(1)(c) of the Education Act by failing to act as an appropriate role model when he abused his position of trust in an egregious manner. This behaviour was clearly disgraceful, dishonourable, unprofessional and unbecoming of a member.

10Further, the Member’s sexual exploitation conviction demonstrates that the Member contravened a law relevant to the Member’s suitability to hold a certificate of qualification and registration. The contravention of this law has caused or may cause a student who is under the Member’s professional supervision to be put at or to remain at risk.

F. PENALTY DECISION

11The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on October 16, 2019 the Panel accepted the Joint Submission on Penalty and made the following order:

1. 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”);

2. 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.

G. REASONS FOR PENALTY DECISION

12The Member’s professional misconduct consisted of 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: October 16, 2019

Stéphane Vallée, OCT Chair, Discipline Panel

Mary Ellen Gucciardi, OCT Member, Discipline Panel

Godwin Ifedi Member, Discipline Panel