DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Maija Lynn Nuhn, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
MAIJA LYNN NUHN (REGISTRATION #521194)
PANEL: Stéphane Vallée, OCT, Chair Andrew Glenny Pauline Smart
HEARD: October 21, 2021
Noam Uri and Eli Mogil, for the Ontario College of Teachers Andrea Wobick, for Maija Lynn Nuhn 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 the person who was allegedly sexually abused or the subject of the sexual misconduct or a prohibited act involving child pornography.
1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on October 21, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Maija Lynn Nuhn (the “Member”) did not attend the hearing but had 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.
B. THE ALLEGATIONS
5The allegations against the Member in the Notice of Hearing dated April 23, 2020 (Exhibit 1) are as follows:
IT IS ALLEGED that Maija Lynn Nuhn is guilty of professional misconduct as defined in the Act in that:
(a) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
(b) she 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;
(c) she failed to comply with the Act or the regulations or the by-laws, specifically section 32 of the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14);
(d) she 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) she 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);
(f) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
C. AGREED STATEMENT OF FACTS
6College Counsel presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:
Maija Lynn Nuhn is a member of the Ontario College of Teachers. Attached hereto and marked as Exhibit “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the District School Board Ontario North East (the “Board”) as a [XXX] School [XXX] Teacher at [XXX] School (the “School”).
At all material times Student 1 was a [XXX] years [sic] old male student at the School. His date of birth is [XXX]. The Member was Student 1’s [XXX] teacher.
At all material times, the Member was experiencing emotional turmoil due to [XXX] issues.
In or about January 2019, the Member engaged in an inappropriate personal and sexual relationship with Student 1.
The Member communicated with Student 1 on social media.
The Member purchased for Student 1 two small bottles of alcohol on his birthday. The Member also gave Student 1 [XXX] and [XXX].
The Member and Student 1 spent time together at the School after regular school hours. On a few occasions the Member and Student 1 engaged in physical sexual relations.
The Member took Student 1 to [XXX] in her truck on two occasions. On one occasion nothing sexual occurred. On the second occasion on or around January 23, 2019, the Member and Student 1 engaged in sexual intercourse in her truck.
On one occasion the Member and Student 1 drove to [XXX] where they engaged in physical sexual relations. Afterwards, the Member drove Student 1 home.
On January 28, 2019, the Member contacted Student 1 on Facebook to advise him that the School would be closed the next day. At the time the Member was unaware that Student 1 had been [XXX].
On January 28, 2019, the Member was assigned home with pay, pending the outcome of the Board investigation.
On February 6, 2019, the Member submitted her resignation to the Board
GUILTY PLEA
By this document, the Member admits the truth of the facts and exhibits referred to in the paragraphs above (the “Admitted Facts”).
The Member hereby acknowledges that the Admitted Facts constitute conduct which is professional misconduct and pleads guilty to the allegations of professional misconduct against her, being more particularly breaches of Ontario Regulation 437/97 subsections 1(7.2), 1(7.3), 1(14), 1(15), 1(18) and 1(19). The Member further admits that the conduct in paragraphs 5, 8, 9 and 10 constitutes sexual abuse as defined in Section 1 of the Act and admits that Student 1 was a student for the purpose of the definition of sexual abuse as defined in the Act.
By this document the Member states that:
(a) she understands fully the nature of the allegations against her;
(b) she understands that by signing this document she is consenting to the evidence as set out in the Admitted Facts being presented to the Discipline Committee;
(c) she understands that by pleading guilty to the allegations, she is waiving the right to require the College to otherwise prove the case against her and the right to have a hearing;
(d) she 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 her name, shall be published in the official publication of the College;
(e) she understands that any agreement between her and counsel for the College with respect to the penalty proposed does not bind the Discipline Committee;
(f) she understands and acknowledges that she is executing the Agreed Statement of Facts and Guilty Plea voluntarily, unequivocally, and having had the opportunity to obtain the advice of legal counsel.
- In light of the Admitted Facts and the 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
7Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on October 21, 2021, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7.2), 1(7.3), 1(14), 1(15), 1(18) and 1(19). The Member also engaged in sexual abuse of a student as defined in section 1 of the Act.
E. REASONS FOR DECISION
8The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 13 of the Agreed Statement of Facts and Guilty Plea and admitted the allegations of professional misconduct against her. She 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 engaged in an inappropriate personal relationship and a sexual relationship with Student 1.
9The Member abused a student psychologically or emotionally, contrary to subsection 1(7.2) of Ontario Regulation 437/97. The Member was in a position of trust and authority over Student 1. She abused that trusted position by engaging in an inappropriate personal and sexual relationship with Student 1. It can be reasonably inferred that a teacher having a sexual relationship with a student would have a negative impact on the emotional well-being of that student, given the power imbalance that exists between teachers and students. Additionally, in making its finding of psychological or emotional abuse, the Panel places significant weight on the fact that the Member has admitted this allegation.
10The Member sexually abused Student 1, contrary to subsection 1(7.3) of Ontario Regulation 437/97 and as defined at section 1 of the Act. The Panel notes that Student 1 was [XXX] at the time of the Member’s conduct. Subsection 1(2) at paragraph 2 of the Act provides that a reference to a student includes a reference to “[…] A student of any age who, at the time the behaviour, remarks or conduct occurred or were made, was enrolled in a school or private school in Ontario, within the meaning of the Education Act, if at that time, the member was one of the student’s teachers […]”. The evidence is that, at all material times, Student 1 was a student at the School and the Member was Student 1’s [XXX] teacher. The Panel therefore finds that Student 1 was a student for the purposes of the definition of “sexual abuse” under the Act. Moreover, it is clear that the Member sexually abused Student 1 by engaging in physical sexual relations with the student on a few occasions and sexual intercourse with the student on one occasion.
11The Member breached subsection 1(14) of Ontario Regulation 437/97 by contravening section 32 of the College By-Laws, which sets out the professional and ethical standards for the teaching profession. By sexually abusing Student 1, the Member failed to comply with these standards. Misconduct of this nature is so notorious and offside what is acceptable that expert evidence is not required to prove the breach of the professional standards.
12The 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. Section 264(1)(c) provides that it is the duty of a teacher to “inculcate by precept and example […] the highest regard for truth, justice, loyalty, love of country, humanity, benevolence, sobriety, industry, frugality, purity, temperance and all other virtues.” Simply put, teachers must behave with integrity and serve as positive role models. The Member’s conduct was antithetical to these principles. The Member abused her privileged position as a teacher by engaging in an inappropriate personal relationship with Student 1 and by sexually abusing him. Additionally, the Member purchased alcohol for Student 1. The Panel notes that the Member was experiencing emotional turmoil at the time of events; however, the Panel finds that this does not excuse the Member’s conduct. By engaging in such immoral and abusive conduct with her student, the Member failed to fulfil the fundamental duties of a teacher.
13The Member committed acts that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to subsection 1(18) of Ontario Regulation 437/97. It is unacceptable for a teacher, who is expected to be an upstanding member of the community, to engage in a sexual relationship with their student. The Member’s sexually abusive behaviour was not a momentary lapse of judgment as she had physical sexual relations with Student 1 on a few occasions. Such conduct demonstrates serious moral and professional failings by the Member. It casts doubt on the Member’s ability to hold a teaching position without putting students at risk. The Member’s conduct can therefore be characterized as disgraceful, dishonourable and unprofessional.
14Finally, the Member’s egregious conduct, as described above, 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 a teacher sexually abuses their student, as the Member did in this case.
F. PENALTY DECISION
15The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on October 21, 2021, the Panel accepted the Joint Submission on Penalty and made the following order:
The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.
The Member is directed to receive a written reprimand and the fact of the reprimand shall be recorded on the Register of the Ontario College of Teachers (the “Register”).
G. REASONS FOR PENALTY DECISION
16The 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. In relation to the form of the reprimand, the Panel finds that a written reprimand is appropriate given the parties’ agreement. 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 these additional orders in light of the Member’s guilty plea and joint submission on penalty.
17The Panel denounces the Member’s misconduct in the strongest terms.
Date: October 24, 2021
Stéphane Vallée, OCT Chair, Discipline Panel
Andrew Glenny Member, Discipline Panel
Pauline Smart Member, Discipline Panel