Ontario College of Teachers v. Kelley, 2020 ONOCT 167

Discipline Committee of the Ontario College of Teachers

Ontario College of Teachers v Kelley 2020 ONOCT 167

Date: 2020-05-27

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 John Wilton Kelley, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JOHN WILTON KELLEY (REGISTRATION #401648)

PANEL: Jonathan Rose, Chair Irene Dembek, OCT Rebecca Forte, OCT

HEARD: May 27, 2020

COUNSEL: Christine Wadsworth and Kathryn McChesney, for the Ontario College of Teachers No one appearing for John Wilton Kelley Julie Maciura, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsections 32.1(3) and 32.1(4) 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 or the person who was allegedly sexually abused or the subject of the sexual misconduct or a prohibited act involving child pornography.

1This matter was heard before a panel of the Discipline Committee (the “Panel”) on May 27, 2020 at the Ontario College of Teachers (the “College”). 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.

2John Wilton Kelley (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 orders 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.

4Additionally, the Panel ordered a publication ban pursuant to subsection 32.1(4) of the Act at the request of College Counsel and on behalf of the Student referred to in the Notice of Hearing dated December 21, 2018, who was allegedly sexually abused. Accordingly, no person shall publish the identity of, or any information that could disclose, the identity of the Student.

B. DECISION ON FINDING

5Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (a) of the Notice of Hearing, namely that the Member contravened subsection 1(5) of Ontario Regulation 437/97, be withdrawn. The Panel granted this request.

6Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Panel rendered an oral decision on May 27, 2020 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7)¹, 1(14), 1(15), 1(18) and 1(19). The Member also engaged in sexual abuse of a student as defined in section 1 of the Act.

C. PENALTY DECISION

7The Panel made the following order as to penalty:

1. The Member is directed to receive a written reprimand and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”); and
2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

D. COSTS DECISION

8The Panel made the following order as to costs:

1. The Member shall pay the College costs of the proceeding in the amount of $10,000 within 180 days of the date of this Order.

9A written decision with reasons will follow.

Footnotes

1. 1The acts of professional misconduct of the Member occurred between 2001 - 2002 and section 1(7) of Ontario Regulation 437/97 (in force between December 4, 1997 and May 4, 2008) stated at the material time: “Abusing a student physically, sexually, verbally, psychologically or emotionally.”