Ontario College of Teachers v. Buswa, 2020 ONOCT 170

Discipline Committee of the Ontario College of Teachers

Ontario College of Teachers v Buswa 2020 ONOCT 170

Date: 2020-06-08

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

Katherine Linda Buswa, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

KATHERINE LINDA BUSWA (REGISTRATION #523574)

PANEL: Diane Ballantyne, OCT, Chair Shanlee Linton, OCT Jonathan Rose

HEARD: June 8, 2020

Christine Lonsdale and Steven Chadwick, for the Ontario College of Teachers

No one appearing for Katherine Linda Buswa

Julie Maciura, 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 June 8, 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.

2Katherine Linda Buswa (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.

B. DECISION ON FINDING

4Having considered the evidence, onus and standard of proof, and the submissions made by College Counsel, the Panel rendered an oral decision on June 8, 2020 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(15) and 1(19).

C. PENALTY DECISION

5The Panel made the following order as to penalty:

1. The Member is directed to appear before the Committee within 120 days of the date of the Committee’s Decision, Reasons for Decision and Order, to receive a reprimand which will be delivered by videoconference 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 or limitations on the Member’s Certificate of Qualification and Registration, and the fact of such terms, conditions or limitations is to be recorded on the Register until such time as they are fulfilled:

(a) within 120 days of the date of the Order of the Discipline Committee, the Member shall enrol in and successfully complete at her own expense, a course of instruction pre-approved by the Registrar regarding professional ethics, subject to the following conditions:

(i) the Member will provide to a course practitioner approved by the Registrar, a copy of the Decision, Reasons for Decision and Order;

(ii) upon review of the Decision, Reasons for Decision and Order, 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;

(b) within 30 days of her completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner:

(i) 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.

(c) prior to the Member resuming or beginning any Teaching Position, the Member shall undergo an assessment by a physician acceptable to the Registrar (the “Physician”) and the Member shall provide to the Registrar, in a form satisfactory to the Registrar, a written report from the Physician:

(i) confirming that the Physician, as the author of the opinion, has reviewed a copy of the Decision, Reasons for Decision and Order of the Discipline Committee related to the matter;

(ii) confirming that in the opinion of the Physician, the Member is able to work in a Teaching Position without risk of adverse consequences to students or others;

(iii) setting out the opinion of the Physician with respect to any steps, be it modified work, monitoring or treatments required to be in place in order to permit the Member to successfully work in a Teaching Position and to ensure that the public is protected; and

(iv) addressing any other questions or issues that the Registrar may require.

D. COSTS DECISION

6The Panel made the following order as to costs:

1. The Member shall pay the College costs of the proceeding in the amount of $5,000 within 120 days of the date of this Order.

7A written decision with reasons will follow.