Discipline Committee of the Ontario College of Teachers
Ontario College of Teachers v Mputu 2020 ONOCT 186
DECISION AND REASONS FOR DECISION ON MOTION
IN THE MATTER OF the Ontario College of Teachers Act and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Gilbert Mputu, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
GILBERT MPUTU (REGISTRATION #599443)
PANEL: Stéphane Vallée, OCT, Chair Marlène Marwah Sara Nouini, OCT
HEARD: September 1, 2020
Christine Lonsdale, for the Ontario College of Teachers
Monika Ferenczy, for Gilbert Mputu
Renée Kopp, Independent Legal Counsel
1On September 1, 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 Gilbert Mputu set out in a Notice of Hearing dated June 18, 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, this hearing was conducted electronically.
2The Member did not attend the hearing but was represented by Ms. Monika Ferenczy, although she is not a lawyer.
A. SUBMISSIONS BY 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 finding the Member guilty of professional misconduct or incompetence, should the matter proceed to a hearing, because of insufficient evidence. The College learned that after receiving two Unsatisfactory teacher performance appraisal ratings in 2016, the Member improved his practice and obtained two Satisfactory ratings in 2017 and 2018.
B. SUBMISSIONS BY MEMBER’S COUNSEL
4Member’s Counsel accepted College Counsel’s submissions.
C. DECISION
5After hearing the submissions of the parties and with their consent, the Panel granted the College permission to withdraw the allegations against the Member set out in the Notice of Hearing dated June 18, 2019.
D. REASONS FOR DECISION
6The 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. The Panel accepts College Counsel’s submission that there is no reasonable prospect of obtaining a finding of professional misconduct or incompetence, if the matter were to proceed to a hearing. After receiving two Unsatisfactory teacher performance appraisal ratings in 2016, the Member showed improvement in his competencies by receiving two Satisfactory ratings in 2017 and 2018.
7The Committee finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. 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 or incompetence.
Date: September 18, 2020
Stéphane Vallée, OCT Chair, Discipline Panel
Marlène Marwah Member, Discipline Panel
Sara Nouini, OCT Member, Discipline Panel