DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Datoo 2020 ONOCT 146

Date: 2020-03-11

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

Salim A. Datoo, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

SALIM A. DATOO (REGISTRATION #474147)

PANEL: Irene Dembek, OCT, Chair

Nicola Powadiuk, OCT

Jonathan Rose

HEARD: March 9, 2020

Jason Bennett, for the Ontario College of Teachers

Jack Brown, for Salim A. Datoo

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.

1This matter was heard before a panel of the Discipline Committee (the “Panel”) on March 9, 2020 at the Ontario College of Teachers (the “College”).

2Salim A. Datoo (the “Member”) attended the hearing and had 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.

B. THE ALLEGATIONS

4The allegations against the Member in the Notice of Hearing dated January 22, 2020 (Exhibit 1) are as follows:

IT IS ALLEGED that Salim A. Datoo is guilty of professional misconduct as defined in the Act in that:

(a) he abused a student or students, verbally, contrary to Ontario Regulation 437/97, subsection 1(7);

(b) he abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

(c) he failed to supervise adequately a person who is under the professional supervision of the member, contrary to Ontario Regulation 437/97, subsection 1(11);

(d) he failed to comply with the Act or the regulations or the by-laws, specifically section 32 of the by-laws (standards of practice and/or ethical standards for the teaching profession), contrary to Ontario Regulation 437/97, subsection 1(14);

(e) 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);¹

(f) 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).²

C. AGREED STATEMENT OF FACTS

5College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:

1. The Member is a member of the Ontario College of Teachers (the “College”). Attached hereto and marked as Appendix “A” is a copy of the Member’s Registered Member Information with the College.

2. At all material times, the Member was employed by the Toronto District School Board (the “Board”) as an [XXX]teacher at [XXX](the “School”) in Toronto, Ontario.

3. In the academic year 2018-2019, Student 1 was a [XXX]-year-old male student in the Member’s class and Student 2 was a [XXX]-year-old male student in the Member’s class.

4. In or about the first week of October 2018, Student 1 was calling Student 2 names when the Member intervened by putting his arm around the head and/or shoulders of Student 1, which caused Student 1 to lose his balance and fall to the floor, and the Member fell with him. Student witnesses observed that Student 2 kicked Student 1 while he was on the floor, albeit without force or anger.

5. On or about October 17, 2018, the Member took hold of Student 1 by his sweater/hoodie and lifted him from his chair. The Member then directed Student 1 out of the classroom by pushing against Student 1’s chest three or four times. The Member also raised his voice in anger at Student 1, saying words to the effect of “Get out, get out. I do not want to be your teacher anymore, find another [XXX]teacher.”

6. Also on or about October 17, 2018, after ejecting Student 1 from his classroom, the Member left Student 1 outside his classroom and unsupervised for the remainder of the period, which was not yet half over.

7. On or about October 24, 2018, after being told by the Board not to discuss the above-noted incidents during its investigation, the Member had a chance encounter with Student 1 at a fast food restaurant. Student 1 approached the Member and initiated a conversation, to which the Member replied “Yeah, man, you got me in a lot of trouble. But don’t worry about it, it’s not on you.”

8. The Board concluded its investigation and suspended the Member for 20 days without pay and administratively transferred him to another school. Attached hereto and marked as Appendix “B” is a copy of the Board’s letter of discipline, dated December 12, 2018.

9. The Board also terminated the Member’s role as [XXX]and made him ineligible to hold such a position with the Board until 2020-2021. The Member was also required to satisfy his identified classroom management professional development needs by March 1, 2019.

10. The Board notified Children’s Aid Society of Toronto (“CAS”) of the incidents described herein, but CAS declined to investigate.

11. The Member’s suspension was later reduced to 16 days following a grievance.

12. The Member regrets his unnecessary use of physical force against Student 1 and recognizes that it was inappropriate and unprofessional, as was raising his voice in anger toward Student 1 and leaving him unsupervised for the bulk of the period. If the Member were to testify, he would state that Student 1 went directly to the office where he waited for the Member to arrive and, as such, Student 1 was not unsupervised during this interval. Nevertheless, the Member acknowledges that he erred in failing to explicitly instruct Student 1 to wait outside the Member’s classroom.

13. The Member also acknowledges that, although he and Student 1 did not discuss the incidents or the investigation per se, the Board’s instructions not to discuss these matters with students or other teachers during its investigation included the Member’s generalized comments to Student 1 about being “in trouble”.

14. The Member attended an interactive 1-day workshop in classroom management on June 27, 2019 and has sought other methods to improve his classroom management skills to ensure that such incidents never occur again.

15. The Member also acknowledges that his conduct fell below the standards of the teaching profession. Attached hereto and marked as Appendix “C” is a copy of the College’s Ethical Standards for the Teaching Profession and the Standards of Practice for the Teaching Profession.

GUILTY PLEA

16. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-15 above (the “Admitted Facts”).

17. The Member hereby acknowledges that paragraphs 4-7 and 15 of the Admitted Facts constitute conduct that is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(7), 1(7.1), 1(11), 1(14) and 1(18) [unprofessional only].

18. By this document the Member states that:

(a) he understands fully the nature of the allegations against him;

(b) he understands that by signing this Agreed Statement of Facts and Guilty Plea he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;

(c) he understands that by pleading guilty 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 his name, shall be published in the official publication of the College;

(e) he understands that any agreement between his counsel and counsel for the College with respect to the penalty does not bind the Discipline Committee; and

(f) he understands and acknowledges that he is executing this Agreement voluntarily, unequivocally, and with the advice of legal counsel.

19. In light of the Admitted Facts and circumstances and the plea of guilt, the College and the Member jointly submit that the Discipline Committee find the Member guilty of professional misconduct.

D. DECISION

6Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (e) of the Notice of Hearing, namely that the Member contravened subsection 1(15) of Ontario Regulation 437/97, be withdrawn. College Counsel stated that the Panel’s permission to withdraw the allegation was being sought as a by-product of negotiations in the adversarial process that resulted in the Agreed Statement of Facts and Guilty Plea. With respect to subsection 1(18) of Ontario Regulation 437/97, College Counsel requested the Panel find that the Member’s conduct was unprofessional only (and not disgraceful or dishonourable).The Panel granted these requests.

7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties the Panel rendered an oral decision on March 9, 2020 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7), 1(7.1), 1(11), 1(14) and 1(18) [unprofessional only].

E. REASONS FOR DECISION

8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 15 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. He acknowledged and the Panel accepts that the Admitted Facts constitute professional misconduct under the headings of misconduct set out above. The Admitted Facts demonstrate that the Member verbally and physically abused a student by making inappropriate remarks and using physical force to redirect a student.

9The Member abused a student verbally contrary to subsection 1(7) of Ontario Regulation 437/97, by raising his voice and directing anger-fuelled comments at Student 1. The Member ordered the student to “[g]et out, get out” of the classroom, and told the student “I don’t want to be your teacher anymore, find another [XXX]teacher”. Despite challenging student behaviour, members of the teaching profession must maintain their composure and interact professionally with students, which the Member failed to do.

10The Admitted Facts demonstrate that the Member abused a student physically contrary to subsection 1(7.1) of Ontario Regulation 437/97 by using physical force against a student. In order to discipline Student 1, the Member took hold of Student 1’s sweater or hoodie and lifted him from his chair. He then pushed against Student 1’s chest three or four times to usher him out of the classroom. It is unacceptable for teachers to redirect or discipline students using physical force.

11After aggressively ushering Student 1 out of his classroom, the Member left Student 1 unsupervised, which violates subsection 1(11) of Ontario Regulation 437/97. Teachers have a professional responsibility to ensure that students are adequately supervised at all times. The Member demonstrated poor professional judgment when he sent Student 1 out into the hallway at the beginning of class without attending to him for the remainder of the class period.

12The Member’s conduct demonstrates a failure to comply with the College’s by-laws contrary to subsection 1(14) of Ontario Regulation 437/97. The Member failed to meet the standards articulated in the Ethical Standards for the Teaching Profession, which are set out at section 32.02 of the by-laws. Among other things, members are required to demonstrate their commitment to students’ well-being (“Care”) and respect for students in their professional practice (“Respect”). As articulated in the Standards of Practice for the Teaching Profession at section 32.01 of the by-laws, members must demonstrate care and commitment to students and student learning as well as create safe and supportive learning communities. The Member’s use of physical force against Student 1 and his angry comments were completely inappropriate and fall below the standards of the profession.

13The Member’s verbally and physically abusive conduct as described above is also unprofessional, contrary to subsection 1(18). The Member failed to act in the best interest of a student by using inappropriate and unprofessional forms of discipline, including the use of force against a student. This conduct also undermines the reputation of the teaching profession and violates the trust that parents, students and the public place in teachers.

F. PENALTY DECISION

14The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on March 9, 2020 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 and limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions and limitations 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 of the Discipline Committee, the Member shall enrol in and successfully complete at his own expense, a course of instruction covering appropriate boundaries, with a focus on anger management. These courses shall be pre-approved by the Registrar and be subject to the following conditions:

(i) for each course, the Member will provide to a course practitioner approved by the Registrar a copy of the Agreed Statement of Facts and Guilty Plea 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) upon review of the documents noted at paragraph (i) above, for each course, the course practitioner will provide to the Registrar for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee's concerns regarding the Member's professional misconduct. The syllabus proposed by the course practitioner shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member; and

(b) within 30 days of his completion of each course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.

G. REASONS FOR PENALTY DECISION

15The 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. Chauvin, 2012 ONOCT 9, and Ontario College of Teachers v. Musial, 2009 ONOCT 39.

16The Panel considered the Member’s circumstances in comparison to the cases provided. The Panel agrees with College Counsel’s submission that there were no aggravating factors. In terms of mitigating factors, the Member admitted his misconduct saving the time and expense of a contested hearing. The Member has also accepted responsibility for his actions and has taken steps to improve his practice. Finally, the Member has not previously been the subject of discipline proceedings at the College, and has had an otherwise unblemished 16-year career as a teacher. After weighing these factors, the Panel accepts that the penalty proposed by the parties is reasonable.

17The Panel finds that the Member’s misconduct warrants a reprimand by his peers. The Member responded to student misbehaviour with physical force and inappropriate remarks, which is unacceptable. 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.

18The Panel finds that a course of instruction on boundaries with students with a focus on anger management in the classroom is appropriate. This will rehabilitate the Member and help him learn appropriate strategies to effectively address student misbehaviour in the classroom. The Panel notes that a boundaries and anger management course will build upon the Member’s previously completed interactive classroom management workshop.

19The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.

Footnotes

1. 1Allegation withdrawn at the request of College Counsel.
2. 2Allegation narrowed to “unprofessional” acts only at the request of College Counsel.