Ontario College of Teachers v. Thompson, 2019 ONOCT 92

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Thompson 2019 ONOCT 92

Date: 2019-11-11

DECISION ON FINDING

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

Donald Ashley Thompson, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DONALD ASHLEY THOMPSON (REGISTRATION #440021)

PANEL: Diane Ballantyne, OCT, Chair Sara Nouini, OCT Tom Potter

HEARD: November 11, 2019

Andrew Matheson, for the Ontario College of Teachers Patricia D’Heureux, for Donald Ashley Thompson 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 November 11, 2019 at the Ontario College of Teachers (the “College”).

2Donald Ashley Thompson (the “Member”) did not attend the hearing but had legal representation present. 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. DECISION ON FINDING

4Counsel for the College requested that the allegations of professional misconduct outlined in paragraphs (d) and (e) of the Notice of Hearing, namely that the Member contravened subsections 1(7.2) and 1(14) of Ontario Regulation 437/97, be withdrawn. The Panel granted the request.

5Having considered the Statement of Uncontested Facts and Plea of No Contest and the submissions of the parties, the Panel rendered an oral decision on November 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(7.1), 1(15), 1(18) and 1(19).

C. PENALTY

6The Committee has concerns about the parties’ Joint Submission on Penalty and requested that the parties file additional submissions in writing by December 5, 2019.

7A written decision with reasons will follow.