DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Ontario College of Teachers v Lister 2020 ONOCT 189
DECISION AND ORDER ON PENALTY
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
William Harvey Lister, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
WILLIAM HARVEY LISTER (REGISTRATION #245924)
PANEL: Diane Ballantyne, OCT, Chair Benoît Dussault, OCT Jonathan Rose
HEARD: May 17, 2019 and November 3, 2020
Stephanie Sugar, for the Ontario College of Teachers Kirsty Niglas-Collins, for William Harvey Lister 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 May 17, 2019 and continued on November 3, 2020 at the Ontario College of Teachers (the “College”). With the consent of the parties, and in accordance with section 3 of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, S.O. 2020, c. 5, Sched 3, the matter proceeded electronically on November 3, 2020.
2On May 17, 2019, the Panel found that William Harvey Lister (the “Member”) engaged in professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.2), 1(15), 1(18) and 1(19). The Panel received the parties’ Joint Submission on Penalty (Exhibit 3) but sought additional submissions with respect to the duration of the suspension. The hearing was subsequently adjourned on consent so that the parties could prepare these submissions.
3On November 3, 2020, the Panel reconvened to hear the parties’ additional penalty submissions. The Member attended the penalty phase of the hearing and had legal representation.
A. PUBLICATION ban
4On May 17, 2019, the 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. PENALTY Decision
5On November 3, 2020, the Panel accepted the parties’ Joint Submission on Penalty and made the following order as to penalty:
The Member is directed to appear before the Committee immediately following the hearing of this matter to receive a reprimand, which will be delivered via videoconference, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (the “Register”);
The Registrar of the Ontario College of Teachers (the “Registrar”) is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions, or limitations to be recorded on the Register until such time as they are fulfilled:
(a) within 90 days of the Member returning to teaching or commencing any position for which a Certificate of Qualification is required, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding maintaining appropriate professional boundaries with students, subject to the following conditions:
(i) the Member will provide to the course practitioner approved by the Registrar, a copy of the Statement of Uncontested Facts and Plea of No Contest, and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision, Reasons for Decision and Orders of the Discipline Committee;
(ii) upon review of the documents noted at paragraph (i) above, 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 his 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.
- The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of 1 month commencing 15 days following the date of the Order of the Discipline Committee relating to this matter and the fact of the suspension is to be recorded on the Register.
6A written decision with reasons will follow.
Date: November 3, 2020
Diane Ballantyne, OCT Chair, Discipline Panel
Benoît Dussault, OCT Member, Discipline Panel
Jonathan Rose Member, Discipline Panel