DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
Ontario College of Teachers v Volk 2020 ONOCT 140
DECISION AND REASONS ON MOTION
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
Gregory Volk, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
Gregory Volk (REGISTRATION # 469441)
PANEL: Nicola Powadiuk, OCT, Chair
John Hamilton, OCT
Marlène Marwah
HEARD: March 3, 2020
Stephanie Sugar and Vincent DeMarco, for the Ontario College of Teachers
Heather Ann McConnell, for Gregory Volk
Julie Maciura, Independent Legal Counsel
1On March 3, 2020 Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from a panel of the Discipline Committee (the “Panel”) to withdraw the allegations against Gregory Volk, set out in a Notice of Hearing dated May 9, 2018 (Exhibit 1).
2The Member did not attend the hearing but had legal representation.
A. SUBMISSIONS OF COLLEGE COUNSEL
3College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing, given that the Member’s case has already been dealt with by another Committee of the College.
B. SUBMISSIONS OF MEMBER’S COUNSEL
4Member’s Counsel accepted College Counsel’s submissions.
C. DECISION
5Upon hearing the submissions of the parties and given the consent of the parties, the Panel authorizes the College to withdraw the allegations against the Member set out in the Notice of Hearing dated May 9, 2018.
D. REASONS FOR DECISION
6The Committee has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. In light of the Member’s case having previously been dealt with by another Committee of the College, this Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.
Date: March 3, 2020
Nicola Powadiuk, OCT
Chair, Discipline Panel
John Hamilton, OCT
Member, Discipline Panel
Marlène Marwah
Member, Discipline Panel