DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Corson 2020 ONOCT 211

Date: 2020-12-08

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

Kirsten Elke-Renee Annita Corson, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

KIRSTEN ELKE-RENEE ANNITA CORSON (REGISTRATION #480966)

PANEL: Jonathan Rose, Chair Wanda Percival

HEARD: December 8, 2020

Caroline Zayid, for the Ontario College of Teachers Joanna Birenbaum, for Kirsten Elke-Renee Annita Corson Erica Richler, Independent Legal Counsel

1On December 8, 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 Kirsten Elke-Renee Annita Corson (the “Member”) set out in a Notice of Hearing dated February 1, 2012 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), this proceeding was heard electronically.

2In accordance with section 4.2.1(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 and with the consent of the parties, this matter was heard by a panel of two members of the Discipline Committee.

3The Member did not attend the proceeding but had legal representation.

A. UNDERTAKING AND ACKNOWLEDGMENT

4Counsel for the College advised the Panel that the parties had agreed to the withdrawal of the allegations against the Member set out in the Notice of Hearing dated February 1, 2012 in exchange for the Undertaking and Acknowledgment of Kirsten Elke-Renee Annita Corson (the “Undertaking and Acknowledgment”) dated December 7, 2020, in which the Member agreed to the following terms, conditions or limitations:

1. I hereby resign as a member of the Ontario College of Teachers with immediate effect.

2. I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.

3. I undertake that I will never teach again in any elementary or secondary publicly-funded or private school in Ontario as defined in the Education Act R.S.O. 1990, c.E.2 or work in any position which requires membership in the Ontario College of Teachers.

4. I understand that a breach of this Undertaking and Acknowledgment, may constitute professional misconduct and that in those circumstances, should I obtain a Certificate of Qualification and Registration, the Ontario College of Teachers will be at liberty to re-institute these proceedings.

5. I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation will read as follows:

“On December 8, 2020, the Member resigned her membership with the Ontario College of Teachers and has undertaken never to teach again or to seek reinstatement of her Certificate of Qualification and Registration. The Member resigned her membership while a disciplinary proceeding was pending.”

6. I acknowledge and understand that decisions of the Discipline Committee are available on the Ontario College of Teachers’ website.

7. I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.

B. DECISION

5On December 8, 2020 upon hearing the submissions of the parties and given the consent of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated February 1, 2012 in exchange for the Undertaking and Acknowledgment of the Member dated December 7, 2020.

C. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules.

7College Counsel explained why it sought to withdraw the allegations of professional misconduct in this case. While the allegations are serious, the College submitted that withdrawing the Notice of Hearing is in the public interest in this case given four factors. First, the Member has undertaken never to teach in any public or private school in Ontario again. Second, she has undertaken never to seek reinstatement as a member of the College. Third, the Member suffers from serious health issues that would make it difficult for her to testify and to participate in a contested hearing. Due to these health concerns, this hearing has been adjourned indefinitely since March of 2016. Fourth, since this matter has been pending since 2012, the withdrawal would provide finality for all participants in this hearing, including witnesses that would have been expected to testify about sensitive matters.

8Member’s Counsel agreed with the College’s submissions and added an additional consideration that, with the Undertaking and Acknowledgment, the Member is giving up her livelihood as a teacher.

9The Panel accepts the submissions of the parties and finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.