DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Ontario College of Teachers v Rancourt 2019 ONOCT 94
DECISION, REASONS FOR DECISION AND ORDERS
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 Joseph Dave Marcel Rancourt, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
JOSEPH DAVE MARCEL RANCOURT (REGISTRATION #441865)
PANEL: Sara Nouini, OCT, Chair Marlène Marwah Stéphane Vallée, OCT
HEARD: September 23, 2019
Charlotte-Anne Malischewski, for Ontario College of Teachers Joseph Dave Marcel Rancourt was not represented Renée A. Kopp, 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 the Superior Court of Justice, no information that could identify the victim or a witness in this matter shall be published, pursuant to section 486.4 of the Criminal Code of Canada.
This matter was heard before a panel of the Discipline Committee (the “Committee”) on September 23, 2019 at the Ontario College of Teachers (the “College”) in Toronto.
A Notice of Hearing dated February 12, 2018 (Exhibit 1) and specifying the charges was served on Joseph Dave Marcel Rancourt (the “Member”), inviting him to participate in the scheduling of the hearing. The hearing was subsequently set for September 23, 2019.
The Member did not attend the hearing and did not have legal representation. The Committee was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.
PUBLICATION BAN
The Panel handed down a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (hereinafter referred to as the “Act”), directing that no person should 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.
Furthermore, in R. v. Rancourt, the Superior Court of Justice handed down an order restricting publication and transmission pursuant to section 486.4 of the Criminal Code of Canada. The Committee is required to comply with this order prohibiting the publication of information that could identify the victim or a witness.
ALLEGATIONS
The allegations against the Member in the Notice of Hearing are as follows:
IT IS ALLEGED that Joseph Dave Marcel Rancourt 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, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(c) he abused a student, or students, sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and Part I of the Act;
(d) 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);
(e) he contravened a law 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);
(f) he contravened a law such that the contravention 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);
(g) 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);
(h) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
STATEMENT OF UNCONTESTED FACTS
Counsel for the College introduced a Statement of Uncontested Facts and Plea of No Contest (Exhibit 2), which provides as follows:
Joseph Dave Marcel Rancourt is a member of the College. Attached 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 Catholic District School Board of Eastern Ontario as a teacher. At all material times, he was teaching at [XXX] School (the “School”) in [XXX], Ontario.
Student 1 met the Member in 2005 when she was [XXX] years old. From September 2005 to June 2010, Student 1 was a student at the School and the Member’s student. In 2009-2010, when Student 1 was in Grade [XXX] she took [XXX]classes, [XXX] [XXX]course, with the Member. Student 1 turned [XXX] on November 24, 2009. She completed her studies at the School on June [XXX], 2010.
During the period from September 2005 to June 2010, the Member maintained an inappropriate personal relationship of a sexual nature with Student 1. This relationship with Student 1 continued until March 2014.
Between 2005 and 2009, while Student 1 was a student at the School, the Member:
(a) communicated electronically with Student 1 in an inappropriate and sexual manner.
- In 2009-2010, while Student 1 was a Grade [XXX] student at the School, the Member:
(a) masturbated and encouraged Student 1 to masturbate, sometimes nude or partially clothed, during long-distance written communications and electronic video sessions, including Skype; and
(b) had inappropriate physical contact of a sexual nature with the Student.
On June 30, 2016, the Member was convicted of one count of sexual exploitation and one count of sexual assault contrary to sections 153(1)(a) and 271 of the Criminal Code of Canada. The Court’s reasons for decision are attached as “Exhibit B”.
On October 13, 2016, the Member was sentenced to 12 months in prison. The reasons are attached as “Exhibit C”.
The Member has appealed his conviction and the sentence. The appeal has not yet been rendered.
The professional advisory on Professional Misconduct Related to Sexual Abuse and Sexual Misconduct, which was approved on September 27, 2002 and which is available on the College website, is attached as “Exhibit D”.
PLEA OF NO CONTEST
By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs above (the “Uncontested Facts”).
The Member hereby acknowledges that the Uncontested Facts described above constitute professional misconduct and acknowledges the allegations of professional misconduct against him, in particular concerning breaches of Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member further acknowledges that the alleged conduct constitutes sexual abuse as provided in section 1 of the Act.
The Member states that:
(a) he fully understands the nature of the allegations of professional misconduct against him;
(b) he understands that by signing this document, he is consenting to the evidence as set out in the Uncontested Facts being presented to the Discipline Committee;
(c) he understands that by pleading no contest 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 reference to his name, shall be published in Pour parler profession/Professionally Speaking, the official publication of the College;
(e) he understands that any agreement between him and Counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee; and
(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally and upon receiving advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee under protection of the Evidence Act, R.S.O. 1990, chapter E.23, for the purpose of this proceeding under the Act, 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.
In light of the aforementioned Uncontested Facts and plea of no contest, the College and the Member submit that the Discipline Committee find that the actions of the Member constitute professional misconduct.
DECISION
Having considered the Statement of Uncontested Facts and Plea of No Contest and the submissions of College Counsel, the Committee rendered an oral decision on September 23, 2019 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19).
REASONS FOR DECISION
The Member did not contest the truth of the facts and exhibits referred to in paragraphs 1 to 10 of the Statement of Uncontested Facts and Plea of No Contest and pleaded no contest to the allegations of professional misconduct against him. He acknowledged and the Committee agrees that the Uncontested Facts constitute professional misconduct, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19).
The Member maintained a sexual relationship with one of his students (Student 1) when she was a student at the secondary school where he taught. The relationship began when Student 1 was [XXX] years old and continued for close to a decade. Between 2005 and 2009, the Member engaged in electronic communications of a sexual nature with Student 1. In 2009-2010, when Student 1 was in Grade [XXX] at the School, the Member masturbated and encouraged Student 1 to masturbate, sometimes nude or partially clothed, by electronic means, including Skype. He also had physical contact of a sexual nature with her. On the grounds of this conduct, the Member was convicted of one count of sexual exploitation and one count of sexual assault, contrary to sections 153(1)(a) and 271 of the Criminal Code of Canada and was sentenced to 12 months in prison. He has appealed his conviction and sentence, but the decision has not yet been rendered.
The Member’s conduct was disgraceful. He sexually abused a vulnerable young student, with no regard for her well-being, or her psychological or emotional state. His actions included electronic communications of a sexual nature, mutual masturbation and physical contact of a sexual nature. They took place during Student 1’s [XXX]years of secondary school and for several years afterwards. The Committee finds the Member’s conduct, which worsened gradually over time, highly concerning. It is contrary to the standards of the teaching profession and clearly contravenes the professional advisory on Professional Misconduct Related to Sexual Abuse and Sexual Misconduct that was approved on September 27, 2002. Specifically, the professional advisory prohibits “any sexual contact including behaviour or remarks of a sexual nature, regardless of the age of the student or any apparent consent by the student” (page 2). The Member abused his position of trust and authority as a teacher and his conduct profoundly undermines the reputation of the teaching profession.
JOINT SUBMISSION ON PENALTY
Through a Joint Submission on Penalty (Exhibit 3), the parties jointly submitted that the appropriate penalty to be imposed in this matter would be that the Committee:
direct that the Member appear before the Committee immediately following the hearing of this matter or within six months after the hearing 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”);
direct the College Registrar to immediately revoke the Member’s Certificate of Qualification and Registration.
PENALTY DECISION
In an oral decision rendered on September 23, 2019, the Committee accepted the Joint Submission on Penalty presented by the parties and, pursuant to section 30.2 of the Act, made an order in accordance with its terms, as set out above.
REASONS FOR PENALTY DECISION
The Member abused a student sexually, as set out in subsection 30.2(2) of the Act. In accordance with subsection 30.2(1) of the Act, the Committee has to make, and has so made, an order: (1) directing that the Member be reprimanded by the Committee, and (2) directing the Registrar to revoke the Member’s Certificate of Qualification and Registration. The Committee notes that it has no discretionary power in this regard. The Committee strongly condemns the Member’s disgraceful conduct.
Date: September 25, 2019
______________________________
Sara Nouini, OCT Chair, Discipline Panel
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Marlène Marwah Member, Discipline Panel
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Stéphane Vallée, OCT Member, Discipline Panel