DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Snyder 2019 ONOCT 86

Date: 2019-10-11

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

Kari Dawn Snyder, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

KARI DAWN SNYDER (REGISTRATION #436266)

PANEL: Irene Dembek, OCT, Chair Benoît Dussault, OCT Marlène Marwah

HEARD: October 11, 2019

Jean-François Schaan, for the Ontario College of Teachers

Lauren Sheffield, for Kari Dawn Snyder

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 11, 2019 at the Ontario College of Teachers (the “College”).

A. PUBLICATION ban

2The Panel ordered a publication ban pursuant to section 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 August 14, 2018 (Exhibit 1) are as follows:

IT IS ALLEGED that the Kari Dawn Snyder 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 or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(c) 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);

(d) 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

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

C. STATEMENT OF UNCONTESTED FACTS

5College Counsel presented the Panel with the parties’ Statement of Uncontested Facts and Plea of No Contest (Exhibit 2), which provides the following:

1. Kari Dawn Snyder is a member of the Ontario College of Teachers. In June 2000, the Member obtained a Certificate of Qualification and Registration. 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 Toronto District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in Etobicoke, Ontario.

3. During the 2016-2017 academic year, the Member was the [XXX] Teacher for the [XXX] class of a [XXX] year-old male student (the “Student”) at the School.

4. On or about May 31, 2017, the Member put her hands on the Student’s shoulders. During this interaction, the Member’s fingernail scratched the Student’s skin above his collarbone.

5. On or about May 31, 2017, Board staff contacted the Children’s Aid Society of Toronto (the “CAS”) and Toronto Police Service (the “TPS”).

6. On June 2, 2017, the TPS closed its investigation of the matter. The TPS investigation did not result in any criminal charges against the Member.

7. On June 26, 2017, the CAS verified the allegation that a child had been scratched on the neck by the Member, causing a mark.

8. The Board interviewed the Member in the course of its investigation. The Member explained that the Student was misbehaving at the time, running around the classroom and rocking on a cubby cart, and that the situation was unsafe for students and staff. The Member stated that she put her hands on the Student’s shoulders to stabilize him, and that, in doing so, one of her fingernails caught on the Student’s skin, leaving a scratch. The Member indicated that she apologized to the Student and sent him to the office to receive a Band-Aid.

9. The Board determined that the allegation that the Member had made inappropriate physical contact with the Student had been substantiated. The Board issued a letter of discipline to the Member, suspended the Member for five days and administratively transferred the Member to another school. The Member was also required to review applicable policies and to attend anger management counselling. Attached hereto and marked as Appendix “B” is a copy of the Board’s letter of discipline to the Member, dated November 16, 2017.

PLEA OF NO CONTEST

10. By this document, the Member pleads no contest, for the purposes of this proceeding only, to the truth of the facts and appendices referred to in paragraphs 1-9 above (the “Uncontested Facts”).

11. The Member hereby acknowledges that the Uncontested Facts constitute conduct which is professional misconduct as defined in the Ontario College of Teachers Act, 1996, and pleads no contest to the allegations of professional misconduct against her, being more particularly:

(a) she failed to maintain the standard 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 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);

(d) she committed acts that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and

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

12. By signing this document the Member states that:

(a) she understands fully the nature of the allegations against her;

(b) she understands that she is consenting to the evidence as set out in the Uncontested Facts being presented to the Discipline Committee;

(c) she understands that, by pleading no contest to the allegations, she is waiving the right to require the College to otherwise prove the case against her and the right to have a hearing;

(d) she understands that the Discipline Committee can accept the Uncontested Facts as correct, and can accept that those facts constitute professional misconduct;

(e) 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;

(f) she understands that any agreement between her and the College with respect to penalty does not bind the Discipline Committee; and

(g) she understands and acknowledges that she is executing this agreement voluntarily, unequivocally, and with the advice of legal counsel.

13. The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee and Fitness to Practise Committee, under protection of the Evidence Act, R.S.O. 1990, chapter E. 23, for the purposes of this proceeding under the Ontario College of Teachers Act, 1996, chapter 12, and for no other purpose. The Member’s plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.

14. In light of the Uncontested Facts and circumstances and the plea of no contest, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

D. DECISION

6With 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 this request.

7Having considered the Statement of Uncontested Facts and Plea of No Contest and the submissions of the parties, the Panel rendered an oral decision on October 11, 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 only) and 1(19).

E. REASONS FOR DECISION

8The Member did not contest the facts and exhibits referred to in paragraphs 1 to 9 of the Statement of Uncontested Facts and Plea of No Contest and pleaded no contest to the allegations of professional misconduct against her. She acknowledged and the Panel accepts that the Uncontested Facts constitute professional misconduct under the headings of misconduct set out above. The Uncontested Facts demonstrate that the Member inappropriately placed her hands on a [XXX] year old student’s shoulder, causing her fingernail to scratch him and leave a mark.

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 11, 2019, the Panel accepted the Joint Submission on Penalty and made the following order:

1. 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”);

2. The Registrar is directed to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration, and the fact of such terms, conditions or limitations is to be recorded on the Register until such time as they are fulfilled:

(a) within 90 days of the date of the Decision, Reasons for Decision and Order, the Member shall enrol in and successfully complete at her own expense, a course of instruction, pre-approved by the Registrar, regarding classroom management;

(b) within 30 days of her completion of the course outlined in (a) above, the Member shall provide to the Registrar a written certificate from the course provider stating that:

(i) he or she has reviewed a copy of the Statement of Uncontested Facts and Plea of No Contest 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; and

(ii) the Member has successfully completed 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 decisions of the Discipline Committee presented by College Counsel: Ontario College of Teachers v. Aldoroty, 2015 ONOCT 1, and Ontario College of Teachers v. Jarzylo, 2014 ONOCT 50.

11The Panel considered the Member’s circumstances in comparison to the cases provided. The aggravating factor in the Member’s case, that she made inappropriate physical contact with a [XXX]-year old student which caused her fingernail to scratch him and leave a mark, has been substantiated. In terms of mitigating factors, the Member admitted her misconduct, saving the time and expense of a contested hearing, expressed sincere remorse and has not been the subject of discipline proceedings in the past. After weighing these factors, the Panel accepts that the penalty proposed by the parties is reasonable.

12The Panel finds that the Member’s conduct warrants a reprimand by her peers. Members are expected to serve as role models for students. They are expected to create a safe and supportive environment for learning, which the Member failed to do when she made inappropriate physical contact with the Student. 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.

13The Panel finds that the course of instruction regarding classroom 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.

14The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.

Date: October 11, 2019

Irene Dembek, OCT Chair, Discipline Panel

Benoît Dussault, OCT Member, Discipline Panel

Marlène Marwah Member, Discipline Panel