DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Ontario College of Teachers v Diallo 2020 ONOCT 159
DECISION AND REASONS FOR DECISION 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 Oumar Diallo, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
OUMAR DIALLO (REGISTRATION #638353)
PANEL: Marlène Marwah, Chair Sara Nouini, OCT Stéphane Vallée, OCT
HEARD: May 13, 2020
Christine Lonsdale and Caroline Humphrey, for the Ontario College of Teachers Oumar Diallo was not represented Renée Kopp, Independent Legal Counsel
1On May 13, 2020, Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek permission from the Discipline Committee panel (the “Panel”) to withdraw the allegations against Oumar Diallo set out in the Notice of Hearing dated July 22, 2019 (Exhibit 1). With the consent of the parties and pursuant to section 3 of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, S.O. 2020, c. 5, Sched. 3, the hearing was conducted electronically.
2The Member did not attend the hearing and did not have 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. According to College Counsel, there was no reasonable prospect of obtaining a finding of professional misconduct or a finding of incompetence as defined in the Ontario College of Teachers Act, 1996 (the “Act”). Since the Member had participated in the New Teacher Induction program ("NTIP"), his professional competencies had improved and he had received two Satisfactory performance appraisal ratings. Furthermore, the College was unable to prove professional misconduct because of insufficient evidence.
B. DECISION
4After hearing the submissions of College Counsel, the Panel granted the College permission to withdraw the allegations against the Member as set out in the Notice of Hearing dated July 22, 2019.
C. REASONS FOR DECISION
5The Panel has jurisdiction to make the order sought pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. The Panel accepts College Counsel’s submission that, if the matter were subject to a hearing, a finding of professional misconduct would be unlikely because of insufficient evidence, and a finding of incompetence would be unlikely because he had received two Satisfactory performance appraisal ratings.
6The Panel finds that the withdrawal of the Notice of Hearing is reasonable and appropriate in the circumstances. It is not in the public interest to expend resources to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of professional misconduct.
May 14, 2020
Marlène Marwah Chair, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel
Stéphane Vallée, OCT Member, Discipline Panel