Ontario College of Teachers v. Trinchi, 2019 ONOCT 96

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Trinchi 2019 ONOCT 96

Date: 2019-11-08

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

Luigi Trinchi, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

LUIGI TRINCHI (REGISTRATION #480848)

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

HEARD: November 8, 2019

Eli Mogil and Steven Chadwick, for the Ontario College of Teachers

No one appearing for Luigi Trinchi

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 the Superior 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 of the Criminal Code.

1This matter was heard before a panel of the Discipline Committee (the “Panel”) on November 8, 2019 at the Ontario College of Teachers (the “College”).

2Luigi Trinchi (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 copy of the transcript of the Reasons for Judgment from the Member’s criminal proceeding before Justice J.S. Fregeau dated June 17, 2016 (Exhibit 3 at Tab 2). In these proceedings before the Superior Court of Justice, an order restricting publication was made pursuant to section 486.4 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. DECISION ON FINDING

5Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Panel rendered an oral decision on November 8, 2019, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(15), 1(16), 1(18) and 1(19).

C. PENALTY Decision

6The Panel makes the following order as to penalty:

1. The Member is required to be reprimanded, in writing, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers.

2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

7The Panel further orders the Member to pay to the College the costs of the proceeding in the amount of $5000 within six months of the date of this decision.

8A written decision with reasons will follow.