DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Ontario College of Teachers v Maouad 2020 ONOCT 188
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
Jean-Pierre Maouad, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
JEAN-PIERRE MAOUAD (REGISTRATION #587394)
PANEL: Stéphane Vallée, OCT, Chair Richard Filion Marlène Marwah
HEARD: August 21, 2020
Christine Lonsdale, for the Ontario College of Teachers Monika Ferenczy, for Jean-Pierre Maouad Renée Kopp, Independent Legal Counsel
1On August 21, 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 Jean-Pierre Maouad set out in a Notice of Hearing dated June 7, 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, Sch. 3, this hearing was conducted electronically.
2The Member did not attend the hearing but was represented by Ms.Monika Ferenczy, although she is not Legal Counsel.
A. UNDERTAKING AND ACKNOWLEDGEMENT
3Counsel for the College advised the Panel that the parties had agreed to withdraw the allegations against the Member set out in the Notice of Hearing dated June 7, 2019 in exchange for the Undertaking and Acknowledgement of Jean-Pierre Maouad (the “Undertaking and Acknowledgment”) dated August 10, 2020 (Exhibit 2), in which they agreed to the following terms, conditions or limitations:
I hereby resign as a member of the College, effective immediately.
I agree that I will never apply for reinstatement of my Certificate of Qualification and Registration in the future.
I agree that I will never again hold a position that requires a Certificate of Qualification or Registration with the Ontario College of Teachers.
I understand that breaching any of the provisions of this Undertaking and Acknowledgement may constitute professional misconduct. If I fail to comply with any of the terms of this Undertaking and Acknowledgement, the College will be free to initiate proceedings for breach of the Undertaking and Acknowledgement or to reinitiate these proceedings.
I acknowledge and accept that my status on the College’s Public Register is “Cancelled — Resigned” and that the Public Register has the following notation: “On August 21, 2020, the Member resigned from the Ontario College of Teachers while the disciplinary proceedings were ongoing. The Member agreed to never apply for reinstatement of his Certificate of Qualification and Registration in the future and to never again hold a position that requires a Certificate of Qualification or Registration with the Ontario College of Teachers.”
I understand that the decisions of the Discipline Committee are available on the College’s website.
I acknowledge that I understand the scope, intent and effect of signing the Undertaking, Acknowledgement and Authorization, and I hereby sign this document voluntarily, unequivocally, and having had the opportunity to obtain legal advice.
B. DECISION
4Upon hearing the submissions of the parties and given their consent, the Committee authorizes the College to withdraw the allegations against the Member set out in the Notice of Hearing dated June 7, 2019 in exchange for the Undertaking and Acknowledgement of the Member dated August 10, 2020.
C. REASONS FOR DECISION
5The Committee 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.
6College Counsel explained why it sought to withdraw the allegations of professional misconduct and incompetence in this case. Among other things, the Member has had a long teaching career, he has no intention of returning to teaching and he has not taught since his dismissal in 2016, he has resigned from the College, and he has not undertaken to seek reinstatement.
7The Committee finds that the withdrawal of the Notice of Hearing in exchange for the Undertaking and Acknowledgement of the Member in these circumstances is reasonable and serves to protect the public interest.
Date: August 30, 2020
Stéphane Vallée, OCT Chair, Discipline Panel
Richard Filion Member, Discipline Panel
Marlène Marwah Member, Discipline Panel