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
Jennifer Carolyn Allen, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
JENNIFER CAROLYN ALLEN (REGISTRATION #425669)
PANEL: Sara Nouini, OCT, Chair Josée Landriault, OCT Marlène Marwah
HEARD: October 17, 2019
Andrew Matheson, for the Ontario College of Teachers Lauren Sheffield, for Jennifer Carolyn Allen Julie Maciura, 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 October 17, 2019 at the Ontario College of Teachers (the “College”).
2Jennifer Carolyn Allen (the “Member”) attended the hearing and had 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.
B. THE ALLEGATIONS
4The allegations against the Member in the Notice of Hearing dated October 17, 2017 (Exhibit 1) are as follows:
IT IS ALLEGED that Jennifer Carolyn Allen is guilty of professional misconduct as defined in 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 physically, contrary to Ontario Regulation 437/797, subsection 1(7.1);
(c) she abused a student psychologically or emotionally, contrary to Ontario Regulation 437/97. Subsection 1(7.2);1
(d) 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);
(e) 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);2 and
(f) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
C. AGREED STATEMENT OF FACTS
5College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:
Jennifer Carolyn Allen is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “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 Toronto District School Board as a teacher at [XXX] School.
During the 2015-2016 academic year, the Student was a Grade [XXX] male student in the Member’s class.
On or about May 3, 2016, the Member engaged in inappropriate physical contact with the Student by hitting his arm. The Student reported that this caused a bruise on his arm and he was very embarrassed when it happened.
On or about May 3, 2016 the incident was reported to the School Administration. The Board undertook an investigation and interviewed a number of students who reported seeing the inappropriate physical contact described in paragraph 4.
When asked about the incident during the Board investigation, the Member admitted physical contact with the Student, but stated it was light contact, meant to direct him to face forward in a line up of students. On or about May 4, 2016, the incident was reported to the Toronto Police Service. The Police advised that they would not lay charges in this instance. The Member was warned that further incidents could lead to criminal charges.
The Children’s Aid Society was notified of the incident on May 3, 2016. The Children’s Aid Society verified the allegation. Attached hereto and marked as Exhibit “B” is a copy of the Children’s Aid Society’s letter dated May 26, 2016.
By letter dated June 29, 2016, the Member was suspended for three days without pay and was required to attend anger management counselling regarding this incident. As referenced in that letter, the Member had received previous discipline letters dated January 8, 2016 and February 9, 2016. Attached hereto and marked as Exhibit “C” is a copy of the June 29, 2016 letter.
The Member received an oral admonishment from the Ontario College of Teachers on January 23, 2018 with respect to another incident in January 2016 involving the inappropriate application of force to a student.
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs 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(15), 1(18) (unprofessional conduct), and 1(19).
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 reference to 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 does not bind the Discipline Committee;
(f) she understands and acknowledges that she is executing the Agreed Statement of Facts and Guilty Plea voluntarily, unequivocally, and with 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.
D. DECISION
6Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (c) of the Notice of Hearing, namely that the Member contravened subsection 1(7.2) of Ontario Regulation 437/97, be withdrawn. With respect to subsection 1(18) of Ontario Regulation 437/97, College Counsel requested that the Panel find that the Member’s conduct was unprofessional only (and not disgraceful or dishonourable). The Panel granted these requests.
7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on October 17, 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(15), 1(18) (unprofessional conduct only) and 1(19).
E. REASONS FOR DECISION
8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 9 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against her. She 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 inappropriate physical contact with a Grade [XXX] student by hitting his arm and leaving a bruise. Physical contact is not a suitable means for a teacher to give direction to a Grade [XXX] student and falls below the standards of the profession. The contact was sufficiently forceful to leave a bruise and cause the student to feel embarrassment. Teachers are expected to serve as role models to students and refrain from acts that may cause a student injury. The Member’s conduct was physically abusive, unprofessional and unbecoming a member.
F. PENALTY DECISION
9The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on October 17, 2019, the Panel accepted the Joint Submission on Penalty and made the following order:
The Member is directed to appear before the Committee immediately following the hearing of this matter to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., 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 suspend the Certificate of Qualification and Registration of the Member for a period of one month commencing on the 15th calendar day following the date of the Order of the Discipline Committee relating to this matter 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 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) within 90 days of the date of the Order of the Discipline Committee, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding anger management, subject to the following conditions:
(i) the Member will provide to the course practitioner approved by the Registrar, a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Order of the Discipline Committee;
(ii) upon review of the documents noted at paragraph (i) above, the course practitioner 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 practitioner 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 her completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner:
(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.
G. REASONS FOR PENALTY DECISION
10The Panel accepts the penalty jointly proposed by the parties. The Panel recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Panel’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of the discipline process into disrepute or be otherwise contrary to the public interest. The Panel finds that the penalty proposed in the Joint Submission on Penalty falls within a range of acceptable outcomes, based on the following prior decision of the Discipline Committee presented by College Counsel: Ontario College of Teachers v. Ivanova, 2014 ONOCT 49.
11The aggravating factors in the Member’s case are the harm she caused to the student and her previous disciplinary history with the Toronto District School Board that led to an oral admonishment from the College for similar behaviour. In terms of mitigating factors, the Member admitted her misconduct, thereby demonstrating insight into her behaviour, which has saved the College the time and expense of a contested hearing. After weighing these factors, the Panel accepts that the penalty proposed by the parties is reasonable.
12The Panel finds that the Member’s inappropriate application of force to a student warrants a reprimand by her peers. Members should refrain from physical contact as a means of giving direction to students and find appropriate ways to communicate their expectations. The reprimand will allow the Panel to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.
13Given the nature of the Member’s conduct, the Panel finds that a one-month suspension is reasonable and appropriate. While the case presented to the Panel involved misconduct of a more serious nature, the Panel accepts the submissions of the parties that a one-month suspension falls within a reasonable range. The suspension will serve as a specific deterrent to the Member and a general deterrent to other members of the profession, making clear that the kind of misconduct the Member exhibited is unacceptable.
14The Panel finds that the course of instruction regarding anger management will assist in the rehabilitation of the Member. The coursework will remind the Member of her obligations as a teacher and will help her to make better decisions in any future interactions with students.
15The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: October 17, 2019
Sara Nouini, OCT Chair, Discipline Panel
Josée Landriault, OCT Member, Discipline Panel
Marlène Marwah Member, Discipline Panel