Discipline Committee of the Ontario College of Teachers
Ontario College of Teachers v Tudor 2020 ONOCT 213
DECISION AND ORDER 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 Ian Frederick Tudor, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
IAN FREDERICK TUDOR (REGISTRATION #422146)
PANEL: Mary Ellen Gucciardi, OCT, Chair Élaine Legault Jonathan Rose
HEARD: December 7, 2020
Andrew Matheson and Steven Chadwick, for the Ontario College of Teachers Jack Brown, for Ian Frederick Tudor Julie Maciura, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsections 32.1(3) and 32.1(4) 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, or the identity of Student 1 and Student 2, being persons who were allegedly sexually abused or the subjects of the sexual misconduct or a prohibited act involving child pornography.
1On December 7, 2020, following the commencement of the hearing, Ian Frederick Tudor (the “Member”) brought a motion for the production of third party records before a panel of the Discipline Committee (the “Panel”) at the Ontario College of Teachers (the “College”). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, this proceeding was heard electronically.
2The Member attended the motion hearing and had 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.
4Additionally, a publication ban was ordered pursuant to subsection 32.1(4) of the Act at the request of College Counsel on behalf of Student 1 and Student 2 who were allegedly sexually abused, or the subjects of sexual misconduct or a prohibited act involving child pornography. Accordingly, no person shall publish the identities of, or any information that could disclose the identities of Student 1 and Student 2.
B. THE MOTION
THE MOTION IS FOR:
An Order for the Simcoe Muskoka Child Youth and Family Services (“Simcoe Muskoka Family Connexions”) to produce the 2017 investigation file regarding Mr. Ian Frederick Tudor, including all documents, records, and materials whatsoever.
An Order for the Simcoe County District School Board (“the Board”) to produce the Ontario Student Records for [XXX] and [XXX]; the Individualized Education Plan (“IEP”) for [XXX]; attendance records for [XXX] and [XXX] for the 2017/2018 academic year; and all records related to student support or referrals for support in respect of [XXX] and [XXX] during the 2017/2018 academic year.
An Order for the Simcoe County District School Board (“the Board”) to produce the contact information for [XXX] and [XXX].
THE GROUNDS FOR THE MOTION ARE:
- The Member brings this motion pursuant to ss. 5.1, 5.3 and 12 of the Statutory Powers Procedure Act and rules 5.03(2) and 7.01(3) of the Rules of Procedure of the Discipline and Fitness to Practise Committees.
C. DECISION ON MOTION
5With respect to the Member’s motion for third party production of records, the Panel orders that:
the Simcoe Muskoka Child Youth and Family Services (“Simcoe Muskoka Family Connexions”) produce to the Panel the 2017 investigation file regarding the Member, including all documents, records and materials;
the Simcoe County District School Board produce to the Panel the attendance records of [XXX] (“Student 1”) and [XXX] (“Student 2”) for the 2017-2018 academic year; the request for the production of the contents of the Ontario Student Records for [XXX] (“Student 1”) and [XXX] (“Student 2”) for the 2017-2018 academic year is denied;
College Counsel disclose the contact information for [XXX] (“Student 1”) and [XXX] (“Student 2”) to Member’s Counsel or his Clerk, on the condition that the contact information not be shared with the Member himself.
6A written decision with reasons will follow.
Date: December 7, 2020
Mary Ellen Gucciardi, OCT Chair, Discipline Panel
Élaine Legault Member, Discipline Panel
Jonathan Rose Member, Discipline Panel