DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Milburn 2020 ONOCT 158

Date: 2020-05-01

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

Susan Jane Milburn, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

SUSAN JANE MILBURN (REGISTRATION #178158)

PANEL: John Hamilton, OCT, Chair

Irene Dembek, OCT

Jonathan Rose

HEARD: April 30, 2020

Christine Wadsworth and Noam Uri, for the Ontario College of Teachers

Andrea Wobick, for Susan Jane Milburn

Julie Maciura, Independent Legal Counsel

1On April 30, 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 Susan Jane Milburn (the “Member”) set out in a Notice of Hearing dated January 12, 2018 (Exhibit 1). With the consent of the parties, and in accordance with section 3 of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, S.O. 2020, c. 5, Sched. 3, this matter proceeded by way of an electronic hearing.

2The Member did not attend the hearing but had legal representation.

A. UNDERTAKING AND ACKNOWLEDGMENT

3Counsel for the College advised the Panel that the parties had agreed to the withdrawal of the allegations against the Member set out in the Notice of Hearing dated January 12, 2018 in exchange for the Undertaking and Acknowledgment of Susan Jane Milburn (the “Undertaking and Acknowledgment”) dated February 19, 2020 in which the Member agreed to the following terms, conditions or limitations:

1. I hereby resign as a member of the Ontario College of Teachers with immediate effect. I acknowledge that my Certificate of Qualification and Registration will be cancelled by the Registrar.

2. I undertake to remain a resigned member, and I will not teach again in any public or private school in Ontario or work in any position which requires membership in the Ontario College of Teachers (collectively referred to herein as a “Teaching Position”), unless and until my Certificate of Qualification and Registration is reinstated.

3. I undertake that prior to seeking reinstatement of my Certificate of Qualification and Registration, I will provide to the Registrar a written [XXX] assessment or report from a certified [XXX] or [XXX] pre-approved by the Registrar and at my own expense, confirming that in the opinion of the author, I am [XXX] to teach and [XXX] to work in a Teaching Position without risk of adverse consequences to students, colleagues, and/or the school community, and addressing any other questions or issues that the Registrar may require.

4. I understand that a breach of this Undertaking and Acknowledgment may constitute professional misconduct, and in those circumstances the Ontario College of Teachers will be at liberty to re-institute these proceedings or to commence proceedings in relation to a breach of this Undertaking and Acknowledgment.

5. I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation will read as follows:

“On April 30, 2020 the Member resigned her membership with the Ontario College of Teachers and entered into an Undertaking & Acknowledgment with the College to satisfy certain requirements before she can apply for reinstatement of her Certificate of Qualification and Registration. The Member resigned her membership while a disciplinary proceeding was pending.”

6. I acknowledge and understand that decisions of the Discipline Committee are available on the Ontario College of Teachers’ website.

7. I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.

B. SUBMISSIONS OF COLLEGE COUNSEL

4College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing. According to College Counsel, if this matter were to proceed to a contested hearing, there would have been no reasonable prospect of obtaining a finding of professional misconduct as there would have been significant evidentiary difficulties, including proving the authenticity of documents. College Counsel also submitted that the Member’s Undertaking and Acknowledgment will allow the College to meet the requirement of transparency, as a notation would remain on the Register indicating that the Member resigned her membership with the College while a disciplinary proceeding was pending.

C. SUBMISSIONS OF MEMBER’S COUNSEL

5Member’s Counsel accepted College Counsel’s submissions.

D. DECISION

6Upon hearing the submissions of the parties and given their consent, the Panel authorizes the College to withdraw the allegations against the Member set out in the Notice of Hearing dated January 12, 2018 in exchange for the Undertaking and Acknowledgment of the Member dated February 19, 2020.

E. REASONS FOR DECISION

7The Panel 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. College Counsel explained why it sought to withdraw the allegations of professional misconduct in this case. Among other things, the Member has not been in the classroom since June 2013 and has no intention of returning to teaching. She has resigned from the College, and she has undertaken not to seek reinstatement without first providing assurances to the Registrar that there are appropriate precautions in place to protect students.

8The Panel finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgment in these circumstances is reasonable and serves to protect the public interest.