Ontario College of Teachers v. MacDonald, 2021 ONOCT 101

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v MacDonald 2021 ONOCT 101

Date: 2021-10-04

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

Ian Charles MacDonald, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

IAN CHARLES MACDONALD (REGISTRATION #101994)

PANEL: Irene Dembek, OCT, Chair Rachelle Coleman Gary Pieters, OCT

HEARD: October 4, 2021

Jordan Stone, for the Ontario College of Teachers No one appearing for Ian Charles MacDonald Renée Kopp, 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.

Introduction

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on October 4, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Ian Charles MacDonald (the “Member”) did not attend the hearing and did not have 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.

B. DECISION ON FINDING

4Having considered the evidence and the submissions of College Counsel, the Panel rendered an oral decision on October 4, 2021 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7), 1(10), 1(14), 1(18) and 1(19).

C. PENALTY Decision

5On October 4, 2021, the Panel made the following order as to penalty:

1. The Member is directed to appear before the Discipline Committee within 90 days of the date of the Decision, Reasons for Decision and Order of the Discipline Committee to receive a reprimand, which will be delivered electronically, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers;

2. The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of three months commencing on the 15^th calendar day following the date of the Decision, Reasons for Decision and Order of the Discipline Committee; and

3. The Registrar is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration:

(a) Within 90 days of the date of the Decision, Reasons for Decision and Order of the Discipline Committee, the Member shall enrol in and successfully complete, at his own expense, coursework of instruction pre-approved by the Registrar regarding student evaluation and applying the Ethical Standards for the Teaching Profession in a diverse classroom, subject to the following conditions:

(i) the Member shall provide the course practitioner approved by the Registrar a copy of the Decision, Reasons for Decision and Order;

(ii) upon review of the documents noted at paragraph 3(a)(i) above, the course practitioner shall 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; and

(b) within 30 days of his completion of the course outlined in paragraph 3(a) above, the Member shall provide to the Registrar a report from the course practitioner 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.

D. COSTS Decision

6On October 4, 2021, the Panel made the following order as to costs:

1. The Member is ordered to pay costs to the College fixed in the amount of $10,000, which must be paid within 90 days of the date of the Decision, Reasons for Decision and Order of the Discipline Committee.

7A written decision with reasons will follow.