DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Ontario College of Teachers v Lenssen 2020 ONOCT 220

Date: 2020-12-14

DECISION, REASONS FOR DECISION AND ORDER

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

Justin Christopher Lenssen, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JUSTIN CHRISTOPHER LENSSEN (REGISTRATION #634660)

PANEL: Jonathan Rose, Chair Nancy Saunders, OCT Stéphane Vallée, OCT

HEARD: December 3, 2020 and December 14, 2020

Jean-Franҫois Schaan, for the Ontario College of Teachers

No one appearing for Justin Christopher Lenssen

Rebecca Durcan, 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 Student 1, who was allegedly sexually abused or the subject of the sexual misconduct or a prohibited act involving child pornography.

By order of the Ontario Court of Justice, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 486.4 of the Criminal Code.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on December 3, 2020 and December 14, 2020, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Justin Christopher Lenssen (the “Member”) did not attend the hearing and did not have legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.

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, who was allegedly sexually abused, or the subject of sexual misconduct or a prohibited act involving child pornography. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of Student 1.

5Additionally, the Panel received a certified copy of the Information from the Member’s criminal proceeding dated April 14, 2014 (Exhibit 2 at Tab B). In these proceedings before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada. The Panel is required to uphold this publication ban. Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.

B. THE ALLEGATIONS

6The allegations against the Member in the Notice of Hearing dated January 22, 2020 (Exhibit 1) are as follows:

IT IS ALLEGED that Justin Christopher Lenssen is guilty of professional misconduct as defined in the Act in that:

(a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);

(b) he abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);

(c) he abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;

(d) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);

(e) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(f) he contravened a law, the contravention of which has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17);

(g) he committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18);

(h) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19);

C. AGREED STATEMENT OF FACTS

7College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:

1. Justin Christopher Lenssen is a member of the Ontario College of Teachers. Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.

2. At all material times, the Member was employed by the Wellington Catholic District School Board (the “Board”) as a teacher at [XXX] School (the “School”) in Guelph, Ontario.

3. At all material times, Student 1 was a female student at the School.

4. On or about December 7, 2018, Student 1 posted a comment on a photograph appearing on the Member’s Instagram page. The Member then messaged Student 1, asking for her Snapchat username, and the two began conversing using that application.

5. Between December 7, 2018 and December 9, 2018, the Member made sexually explicit comments towards Student 1 in Snapchat conversations and sent sexually explicit pictures and videos to Student 1, including pictures of his genitals and a video of himself masturbating. Student 1 reported these communications to the police.

6. On or about December 11, 2018, the Member was charged with:

• Between the 7th day of December in the year 2018 and the 9th day of December in the year 2018 at the City of Guelph in the said region, did have in his possession child pornography to wit, sexually explicit written material, contrary to Section 163.1(4) of the Criminal Code (Canada);

• Between the 7th day of December in the year 2018 and the 9th day of December in the year 2018 at the City of Guelph in the said region, being in a position of trust or authority towards a young person, did for a sexual purpose, invite the young person to touch a part of his body, contrary to Section 153(a) of the Criminal Code (Canada);

• Between the 7th day of December in the year 2018 and the 9th day of December in the year 2018 at the City of Guelph in the said region, did communicate by means of a computer system within Section 342.1(2) of the Criminal Code (Canada), with a person who is under the age of 18 years for the purpose of facilitating the commission of an offence under Section 153 of the Criminal Code (Canada), thereby committing an offence contrary to section 172.1(1)(b) of the Criminal Code (Canada); and

• Between the 7th day of December in the year 2018 and the 9th day of December in the year 2018 at the City of Guelph in the said region, did make sexually explicit material available to a person under 18 years of age, for the purpose of facilitating the commission of an offence under Section 153 with respect to that young person, contrary to Section 171.1(1)(a) of the Criminal Code (Canada).

7. On September 30, 2019, the Member pled guilty to, and was convicted of, making sexually explicit material available to a person under 18 years of age, for the purpose of facilitating the commission of an offence under Section 153 with respect to that young person, contrary to Section 171.1(1)(a) of the Criminal Code (Canada). The Member was sentenced to 90 days’ intermittent custody and to 2 years’ probation. The Member was also made subject to a number of ancillary orders. The other charges against the Member were withdrawn at the request of the Crown.

8. Attached hereto and marked as Appendix “B” are certified copies of the court documents pertaining to the criminal proceedings against the Member described above.

9. Attached hereto and marked as Appendix “C” is a certified copy of the Proceedings at Guilty Plea and Sentencing before the Honourable Justice M. E. Graham on September 30, 2019.

10. The Member did not appeal his conviction and/or sentence.

GUILTY PLEA

11. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-10 above (the “Admitted Facts”).

12. The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against him, being more particularly breaches of Ontario Regulation 437/97 subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member further acknowledges that his alleged conduct constitutes sexual abuse of a student as defined in Section 1 of the Ontario College of Teachers Act, 1996.

13. By this document the Member states that:

(a) he understands fully the nature of the allegations against him;

(b) he understands that by signing this document he is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;

(c) he understands that by pleading guilty to the allegations, he is waiving the right to require the College to prove the case against him and the right to have a hearing;

(d) he understands that the Discipline Committee’s decision and reasons shall be published on the College’s website, and that a summary of the Discipline Committee’s decision and reasons, including his name, shall be published in the official publication of the College;

(e) he understands that any agreement between him and counsel for the College with respect to the penalty proposed in this document does not bind the Discipline Committee;

(f) he understands and acknowledges that he is executing this agreement voluntarily, unequivocally, and without the advice of legal counsel.

14. In light of the Admitted Facts and circumstances and the plea of guilt, the Ontario College of Teachers and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.

D. DECISION

8Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on December 14, 2020 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member also engaged in sexual abuse of a student of a nature defined in section 1 of the Act.

E. REASONS FOR DECISION

9The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 10 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against him. He acknowledged and the Panel accepts that the Admitted Facts constitute professional misconduct under the headings of misconduct set out above. The Admitted Facts demonstrate that the Member made sexually explicit comments and sent sexually explicit media (pictures and a video) to a student at his school.

10The Panel finds that sending sexually explicit messages to a student is a clear breach of the standards of the profession contrary to subsection 1(5) of Ontario Regulation 437/97. Misconduct of this nature is so notorious that expert evidence of the standards is not required. The Standards of Practice of the Teaching Profession require members to show a commitment to students and student learning and to treat students with respect. The Member failed to do so by sending Student 1 sexually explicit messages, pictures and a video.

11The Panel finds that Member psychologically or emotionally abused a student contrary to subsection 1(7.2). The psychological and emotional abuse of Student 1 is admitted by the Member and the effects of the Member’s behaviour are outlined in the findings of Justice Graham (Exhibit 2 at Tab C). As a result of the Member’s actions, Student 1 was scared and upset, she had to miss school and had to attend counselling.

12The Member’s inappropriate sexual messages to Student 1 constitute sexual abuse of a student contrary to subsection 1(7.3) of Ontario Regulation 437/97. The conduct of the Member constitutes sexual abuse of a student as defined in section 1 of the Act. The definition of sexual abuse at section 1 of the Act includes behaviour or remarks of a sexual nature by a member towards a student. The Member’s messages to Student 1, which include a video of the Member masturbating, clearly meet this definition.

13The Member contravened subsection 1(15) of Ontario Regulation 437/97 by failing to comply with section 264(1) of the Education Act, which sets out the duties of a teacher. Members hold a unique position of trust and authority. They are expected to serve as positive role models and to demonstrate the highest regard for a number of virtues set out at section 264(1)(c) of the Education Act. The Member’s conduct was entirely at odds with his obligations as a member of the profession.

14The Member’s criminal conviction for making sexually explicit material available to a person under 18 years of age demonstrates that he contravened a law relevant to his suitability to hold a Certificate of Qualification and Registration contrary to subsection 1(16) of Ontario Regulation 437/97. The fact that the Member sent Student 1 sexually explicit messages and images is clearly relevant to whether he is permitted to have the privilege of teaching in a publicly funded school in Ontario. This conduct was a flagrant abuse of his position of trust and authority and calls into question his judgment and his ability to ensure students safety, which is a primary responsibility of teachers. Additionally, the Member’s conviction has, in fact, caused Student 1, a student under the Member’s supervision, to be put at risk contrary to subsection 1(17) of Ontario Regulation 437/97.

15The Member’s misconduct is disgraceful, dishonourable and unprofessional, contrary to subsection 1(18) of Ontario Regulation 437/97. Members are expected to create a safe learning environment for students, and not to send students sexually explicit messages, photos, and videos. The Member failed to meet these expectations by his misconduct.

16Similarly, the Members conduct is unbecoming a member contrary to subsection 1(19) of Ontario Regulation 437/97. The public’s trust in the teaching profession is eroded when members engage in the sexual and emotional abuse of students.

F. PENALTY DECISION

17The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on December 14, 2020, the Panel accepted the Joint Submission on Penalty and made the following order:

1. The Member is directed to receive a reprimand, in writing, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers; and

2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

G. REASONS FOR PENALTY DECISION

18The Member’s professional misconduct consisted of or included the sexual abuse of a student, as described in subsection 30.2(2) of the Act. Given this finding, section 30.2(1) of the Act provides that the Panel must make an order: (1) requiring that the Member be reprimanded by the Panel; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Panel makes both of these orders and notes that it has no discretion in this regard. The Panel recognizes that it may also order costs or a fine in accordance with subsection 30(5) of the Act but finds it reasonable not to make any additional orders in light of the Member’s guilty plea and joint submission on penalty.

19The Panel denounces the Member’s misconduct in the strongest terms.

Date: December 14, 2020

Jonathan Rose Chair, Discipline Panel

Nancy Saunders, OCT Member, Discipline Panel

Stéphane Vallée, OCT Member, Discipline Panel