DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Ibrahima Diongue, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
IBRAHIMA DIONGUE (REGISTRATION #676619)
PANEL: Marlène Marwah, Chair Yasser Leheta, OCT Myrna Tulandi
HEARD: October 5, 2021
Christine Lonsdale, for the Ontario College of Teachers Lise Leduc, for Ibrahima Diongue Renée Kopp, Independent Legal Counsel
1On October 5, 2021, 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 Ibrahima Diongue (the "Member") set out in the Notice of Hearing dated March 22, 2021 (Exhibit 1). Pursuant to Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, the proceeding was held electronically.
2The Member did not attend the hearing but had legal representation.
A. SUBMISSIONS BY COLLEGE COUNSEL
3College Counsel sought the Panel’s permission to withdraw all of the allegations set out in the Notice of Hearing. The College reviewed the evidence and attempted to speak with the witnesses, but according to College Counsel, there was no reasonable prospect of finding the Member guilty of professional misconduct, if the matter were to proceed to a hearing, due to insufficient evidence.
B. SUBMISSIONS BY COUNSEL FOR THE MEMBER
4Counsel for the Member accepted College Counsel’s submissions.
C. DECISION
5On October 5, 2021, after hearing the submissions by College Counsel and with the consent of the parties, the Panel granted the College permission to withdraw the allegations against the Member set out in the Notice of Hearing dated March 22, 2021.
D. REASONS FOR DECISION
6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. The Panel accepts College Counsel’s submission that there is no prospect of obtaining a finding of professional misconduct, if the matter were to proceed to a hearing, due to insufficient evidence.
7The Committee finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to expend resources to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of professional misconduct.
October 5, 2021
Marlène Marwah Chair, Discipline Panel
Yasser Leheta, OCT Member, Discipline Panel
Myrna Tulandi Member, Discipline Panel