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
Hippolyte Kamdem Wabo, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
HIPPOLYTE KAMDEM WABO (REGISTRATION #663560)
PANEL: Marlène Marwah, Chair Yasser Leheta, OCT Myrna Tulandi
HEARD: October 5, 2021
Christine Lonsdale, for the Ontario College of Teachers Lise Leduc, for Hippolyte Kamdem Wabo 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.
1In accordance with Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, the proceeding was held electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on October 5, 2021.
2Hippolyte Kamdem Wabo (the "Member") attended the hearing and 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.
B. THE ALLEGATIONS
4The allegations against the Member in the Notice of Hearing dated January 22, 2020 (Exhibit 1) are as follows:
IT IS ALLEGED that Hippolyte Kamdem Wabo 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 failed to supervise adequately a person who is under the professional supervision of the member, contrary to Ontario Regulation 437/97, subsection 1(11);
(c) 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);
(d) 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);
(e) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
C. AGREED STATEMENT OF FACTS
5Counsel for the College presented the Panel with the parties’ Agreed Statement of Facts and Guilty Plea (Exhibit 2), which provides the following:
Hippolyte Kamdem Wabo is a member of the College. Attached hereto and marked as Appendix “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 Conseil des écoles publiques de l’Est de l’Ontario (the “Board”) as a short-term occasional teacher.
On April 21, 2016, the Member was working at École [XXX] (the “School”), in [XXX], Ontario. He was teaching a Grade [XXX] and [XXX] class as an occasional teacher.
On April 21, 2016, a student in the Member’s class was sexually assaulted by a group of students. The incident took place in the classroom, while the Member was present. A group of students chanted, “Rape her, rape her!” and touched the student sexually.
During the incident, the student attempted to get the Member’s attention and asked permission to leave the classroom to go to the washroom or get a drink of water. The Member would not allow the student to leave the classroom.
The Member’s classroom was noisy, and the students were walking around in it. The Member failed to intervene in the incident that was taking place in his classroom. The Member failed to contact the School Principal to seek assistance in managing the class.
The Member was responsible for ensuring the safety of all the students in his charge. He neglected his duty to ensure the safety of the students in his care and his supervisory obligation to a very serious extent. The Member should have intervened in the incident described in paragraphs 5 and 6, or should have contacted the Principal to obtain assistance.
Following the incident, a number of students were disciplined. The victim of the sexual assault experienced severe emotional and psychological repercussions.
On April 28, 2016, the Board filed a recommendation for dismissal and terminated the Member’s employment. Attached hereto and marked as Appendix “B” is a copy of the recommendation for dismissal, which was approved.
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 him, being more particularly breaches of Ontario Regulation 437/97, subsections 1(5), 1(11), 1(15), 1(18) and 1(19).
By this document the Member states that:
(a) he understands fully the nature of the allegations of professional misconduct 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 Professionally Speaking/Pour parler profession, 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 with the advice of legal counsel.
- In light of the Admitted Facts and circumstances and the guilty plea, the College and the Member submit that the Discipline Committee find the Member guilty of professional misconduct.
D. DECISION
6Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on October 5, 2021, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(11), 1(15), 1(18) and 1(19).
E. REASONS FOR DECISION
7The Member admitted the truth of the facts and exhibits referred to in paragraphs 1 to 9 of the Agreed Statement of Facts and Guilty Plea. He acknowledged and the Committee accepts that the Admitted Facts constitute professional misconduct under the headings of misconduct set out above. The Admitted Facts show that the Member failed to ensure a student’s safety, which resulted in severe emotional and psychological repercussions for her.
8The Admitted Facts demonstrate that the Member failed to maintain the standards of the profession, contrary to subsection 1(5) of Ontario Regulation 437/97. College Counsel submitted that the decision by the Divisional Court in Novick v. Ontario College of Teachers, 2016 ONSC 508, established that the College should generally present expert evidence on the standards of the profession and breaches thereof, unless the conduct is so notorious or obvious that expert evidence is not required. Although there is no expert evidence in this case, the Member admitted that he should have ensured the safety of the students in his charge, intervened during the incident in which a student was sexually assaulted by a group of students in his classroom, and sought assistance from and reported this serious incident to the Principal. The Panel accepts the submission of College Counsel that the Member failed to maintain the standards of the profession and gives considerable weight to the Member’s admission of the contraventions.
9The Member failed to supervise adequately a person who is under the professional supervision of the member, contrary to Ontario Regulation 437/97, subsection 1(11). While he was teaching a Grade [XXX] and [XXX] class as an occasional teacher, the Member failed to prevent the students in his class from sexually assaulting a classmate. The incidents had severe emotional and psychological repercussions for a student under the Member’s professional supervision.
10The Member failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof, contrary to Ontario Regulation 437/97, subsection 1(15). Subsection 264(1)(e) requires teachers to maintain proper order and discipline in their classroom, which the Member failed to do. His classroom was noisy, and the students were walking around in it while he was teaching. The Member’s poor classroom management resulted in serious incidents – a young student was physically and verbally assaulted – which contravenes his duties as a teacher.
11The Member 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). He failed to supervise his class, intervene when a student was being sexually assaulted by her classmates or report the incident to the School Principal. The Member failed to supervise the students adequately or ensure their safety, which is indicative of very poor professional judgement. Moreover, the Member would not allow the student who had been assaulted to leave the classroom to go to the washroom or get a drink of water, which shows a lack of empathy and respect for her wellbeing. The Panel accepts the submission of College Counsel that the Member’s conduct can justifiably be described as disgraceful, dishonourable or unprofessional.
12Similarly, the Member’s conduct as described above is conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19), in that it damages the reputation of the teaching profession.
F. PENALTY DEcision
13The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on October 5, 2021, the Panel accepted the Joint Submission on Penalty and made the following order:
The Member is directed to appear before the Discipline Committee immediately following the hearing to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, or electronically, and the fact of the reprimand is to be recorded on the Register.
The Registrar is directed to suspend the Member’s Certificate of Qualification and Registration for a period of five months, as of the 15th calendar day following the decision and order of the Discipline Committee relating to this matter.
The Registrar is directed to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration:
(a) Within 120 days of the date of this Order, the Member shall enrol in and successfully complete, at his own expense, a course of instruction pre-approved by the Registrar regarding classroom management, subject to the following conditions:
(i) the Member will provide to a course practitioner approved by the Registrar a copy of the Agreed Statement of Facts and Guilty Plea and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee;
(ii) upon review of the documents noted at paragraph (i) above, the course practitioner will 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 course goals;
(b) Within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner:
(i) 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.
G. REASONS FOR PENALTY dEcision
14The Panel accepts the penalty jointly proposed by the parties. The Panel recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Panel’s role to determining whether the proposed penalty is so unreasonable that accepting it would bring the administration of the discipline process into disrepute or be otherwise contrary to the public interest. The Panel finds that the penalty proposed in the Joint Submission on Penalty falls within a range of acceptable outcomes, based on the following prior decisions of the Discipline Committee presented by College Counsel: Ontario College of Teachers v. Labbé, 2018 ONOCT 39, Ontario College of Teachers v. Black, 2020 ONOCT 152 and Ontario College of Teachers v. Kaiser, 2021 ONOCT 18.
15The Panel considered the Member’s circumstances in comparison to the cases provided. The aggravating factor in the Member’s case is that the Member’s profoundly deficient classroom management and supervision allowed a sexual assault to occur in his class, as a result of which a student experienced severe psychological repercussions. In terms of mitigating factors, the Member acknowledged his professional misconduct, saving the time and expense of a contested hearing. Furthermore, he has not been the subject of discipline proceedings in the past. After weighing these factors, the Panel accepts that the penalty proposed by the parties is reasonable.
16The Panel finds that the Member’s seriously inappropriate conduct warrants a reprimand. Because of the Member’s profoundly deficient classroom management and supervision, he failed to prevent serious and avoidable harm to a student. The reprimand will allow the Panel to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.
17Given the seriousness of the Member’s conduct, the Panel finds that a five-month suspension is reasonable and appropriate. While the prior cases presented are factually distinct in some ways from this case, the misconduct represented in those cases is of a similar underlying nature and confirms that a suspension of the Member’s certificate is warranted. The suspension will serve as a specific deterrent to the Member and a general deterrent to other members of the profession, making it clear that this kind of professional misconduct is unacceptable. In accordance with the parties’ Joint Submission on Penalty, the Member’s Certificate of Qualification and Registration will be suspended effective October 20, 2021; that is, 15 days after the Panel’s decision and order.
18The Panel considers that the course on classroom management will assist in the Member’s rehabilitation. It will remind him of his obligations as a teacher and help him to improve his professional practice and make better decisions relating to classroom management.
19The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: October 6, 2021
Marlène Marwah Chair, Discipline Panel
Yasser Leheta, OCT Member, Discipline Panel
Myrna Tulandi Member, Discipline Panel