DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Schacter 2020 ONOCT 149

Date: 2020-03-10

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

Joseph Stephen Schacter, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JOSEPH STEPHEN SCHACTER (REGISTRATION #177586)

PANEL: Tom Potter, Chair Irene Dembek, OCT Sara Nouini, OCT

HEARD: March 10, 2020

Jason Bennett, for the Ontario College of Teachers No one appearing for Joseph Stephen Schacter 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.

By order of Justice D.L. Corbett 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 March 10, 2020 at the Ontario College of Teachers (the “College”).

2Joseph Stephen Schacter (the “Member”) did not attend the hearing and did not have legal representation.

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.

Additionally, the Panel received a certified copy of the transcript of sentencing proceedings from the Member’s criminal proceeding before Justice D.L. Corbett dated August 28, 2019. 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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

4Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (j) of the Notice of Hearing, namely that the Member engaged in a prohibited act involving child pornography as defined in section 1 of the Act be withdrawn. The Panel granted this request.

5Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Panel rendered an oral decision on March 10, 2020 finding that the Member engaged in acts of professional misconduct as alleged contrary to subsections 1(5), 1(16), 1(17) 1(18) and 1(19) of Ontario Regulation 437/97, sections 13, 14(d) and 14(f) of Regulation 63/55 made under the Teaching Profession Act, R.S.O. 1980, c. 495 and subsection 235(1)(c) of the Education Act, R.S.O. 1980, c. 129.

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.

7A written decision with reasons will follow.