DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Peters 2021 ONOCT 127

Date: 2021-11-04

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

Jeffrey Lawrence Peters, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JEFFREY LAWRENCE PETERS (REGISTRATION #437588)

PANEL: Wanda Percival, OCT, Chair Rachelle Coleman Yasser Leheta, OCT

HEARD: November 1, 2021

Jean-François Schaan, for the Ontario College of Teachers

No one appearing for Jeffrey Lawrence Peters

Erica Richler, 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.

By order of the Superior Court of Justice, information contained in the transcript of the Proceedings at Guilty Plea (dated May 10, 2021) cannot be published, broadcast or transmitted pursuant to the Criminal Code of Canada.

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

2Jeffrey Lawrence Peters (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. College Counsel entered the Affidavit of Kelly Reeves, sworn on October 26, 2021 (Exhibit 2), to show that the Member granted two individuals limited power of attorney to sign the Agreed Statement of Facts and Guilty Plea (Exhibit 3) and the Joint Submission on Penalty (Exhibit 4) on his behalf as he is currently incarcerated. In this affidavit, Ms. Reeves, Professional Conduct Coordinator at the Ontario College of Teachers, shows that the Member was consulted regarding his admission and provides authority for the appointed individuals to execute documents on the Member’s behalf.

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, Student 2, Student 3 and Student 4, who were allegedly sexually abused, or the subjects of sexual misconduct or a prohibited act involving child pornography. Accordingly, no person shall publish the identities of, or any information that could disclose the identities of Student 1, Student 2, Student 3 and Student 4.

5The Panel also received a certified copy of the transcript (dated May 10, 2021) of the Proceedings at Guilty Plea from the Member’s criminal proceedings before Justice B. Abrams (Exhibit 3 at Appendix C). In these proceedings, which were heard on April 29, 2021 before the Superior Court of Justice, an order restricting publication was made pursuant to the Criminal Code of Canada. The Panel is required to uphold this publication ban. Accordingly, information contained in the transcript of the Proceedings at Guilty Plea (dated May 10, 2021) cannot be published, broadcast or transmitted pursuant to the Criminal Code of Canada.

B. THE ALLEGATIONS

6The allegations against the Member in the Notice of Hearing dated June 22, 2021 (Exhibit 1) are as follows:

IT IS ALLEGED that Jeffrey Lawrence Peters 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 physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);

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

(d) 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 sections 1 and 40(1.1) of the Act;

(e) 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);

(f) 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);

(g) 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);

(h) 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);

(i) 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 3), which provides the following:

1. Jeffrey Lawrence Peters is a member of the Ontario College of Teachers whose Certificate of Qualification and Registration is currently suspended for non-payment of fees. 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 Catholic District School Board of Eastern Ontario (the “Board”) as a teacher at [XXX] School (the “School”) in [XXX], Ontario.

3. At all material times, Student 1, Student 2, Student 3 and Student 4 were female students of the Board. The Member taught Student 1 and Student 2.

4. Between September 1, 2013, and July 23, 2016, the Member engaged in an inappropriate personal and a sexual relationship with Student 1. The relationship involved hugging, kissing, digital penetration, oral sex and intercourse.

5. Between September 1, 2012, and June 5, 2014, the Member engaged in an inappropriate personal and sexual relationship with Student 2. The relationship involved kissing, exchanges of sexual messages through email, and Student 2 showing a topless photo of herself to the Member at the Member’s request.

6. On or about November 7, 2019, the Member was charged with:

(a) two counts of sexual assault contrary to section 271 of the Criminal Code (Canada) (the “Criminal Code”), in relation to Student 1 and Student 2;

(b) two counts of sexual exploitation contrary to section 153(1)(a) of the Criminal Code, in relation to Student 1 and Student 2; and

(c) two counts of sexual exploitation contrary to section 153(1)(b) of the Criminal Code, in relation to Student 1 and Student 2.

7. On or about November 26, 2019, the Member was charged with one count of sexual assault contrary to section 271 of the Criminal Code and one count of sexual exploitation contrary to section 153(1)(a) of the Criminal Code, in relation to Student 3.

8. On or about December 11, 2019, the Member was charged with one count of sexual assault contrary to section 271 of the Criminal Code and one count of sexual exploitation contrary to section 153(1)(a) of the Criminal Code, in relation to Student 4.

9. On January 9, 2020, the Board terminated the Member’s employment.

10. On April 29, 2021, the Member pleaded guilty to, and was convicted of:

(a) one count of sexual assault contrary to section 271 of the Criminal Code, in relation to Student 1; and

(b) one count of sexual exploitation contrary to section 153(1)(a) of the Criminal Code, in relation to Student 2.

11. The remaining charges against the Member were withdrawn at the request of the Crown.

12. On April 29, 2021, the Member was sentenced to a three-and-half year custodial sentence and was made subject to various ancillary orders.

13. The Member did not appeal his convictions or sentence.

14. Attached hereto and marked as Appendix “B” is a certified true copy of the court documents pertaining to this matter, including the indictment and the matter’s disposition.

15. Attached hereto and marked as Appendix “C” is a certified transcript of the Proceedings at Guilty Plea and Reasons for Sentence of the Honourable Justice Abrams of the Superior Court of Justice of Ontario, dated May 10, 2021.

GUILTY PLEA

16. By this document, the Member admits the truth of the facts and appendices referred to in paragraphs 1-15 above (the “Admitted Facts”).

17. The Member hereby acknowledges that the conduct set out at paragraphs 4 to 6, 10 and 14 to 15 of the Admitted Facts constitute 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(7.1), 1(7.2), 1(7.3), 1(15), 1(16), 1(17), 1(18) and 1(19). The Member further acknowledges that his conduct constitutes sexual abuse of a student as defined in sections 1 and 40(1.1) of the Ontario College of Teachers Act, 1996.

18. 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 having had the opportunity to obtain the advice of legal counsel.

19. 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 November 1, 2021 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.1), 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 as defined in sections 1 and 40(1.1)¹ of the Act.

E. REASONS FOR DECISION

9The Member admitted the truth of the facts and appendices referred to in paragraphs 1 to 16 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 sexually abused Student 1 and Student 2. In relation to Student 1, the Member was convicted of sexual assault, contrary to section 271 of the Criminal Code of Canada. In relation to Student 2, the Member was convicted of sexual exploitation, contrary to subsection 153(1)(a) of the Criminal Code of Canada.

10The Panel finds that the Member failed to maintain the standards of the profession, contrary to subsection 1(5) of Ontario Regulation 437/97. The Member sexually assaulted Student 1 and sexually exploited Student 2. Sexual assault and sexual exploitation of students are egregious breaches of the standards of the profession. Conduct of this nature is so notorious and evident that expert evidence is not required to prove a breach of professional standards.

11The Panel finds that the Member physically, psychologically or emotionally, and sexually abused Student 1 and Student 2, contrary to subsections 1(7.1), 1(7.2) and 1(7.3) of Ontario Regulation 437/947. The Member taught Student 1 from Grade [XXX], between 2013 and 2016. He also had interactions with Student 1 on a regular basis outside the school, because she [XXX]. The Member made physical and sexual contact with Student 1 in 2016. The contact involved hugging and kissing at first and escalated after that. In the Spring of 2016 during Student 1’s Grade [XXX] year, the Member digitally penetrated Student 1 as well as had oral sex and sexual intercourse with her (Exhibit 3, Appendix C at pages 3-5 of the Proceedings at Guilty Plea). The Member also taught Student 2. Between 2012 and 2014, the Member shared sexual email messages with Student 2 at school. He asked her to send him pictures that she “would show her boyfriend” and Student 2 sent him a topless picture of herself. He kissed Student 2 on the neck and lips after class and another time kissed her in class after a final exam (Exhibit 3, Appendix C at pages 5-6 of the Proceedings at Guilty Plea).

12In her victim impact statement, Student 1 described that after the Member made sexual contact with her, she would cry on the way home. Student 1 described how being sexually groomed, emotionally manipulated and sexually assaulted caused significant harm to her well-being during some of her most formative years. The trauma of these events continues to spill over into every aspect of her adult life (Exhibit 3, Appendix C, at pages 11 to 15 of the Proceedings at Guilty Plea). Student 2 indicated in her victim impact statement that at the time, she believed that the Member was her boyfriend. The Member’s behaviour toward her has also had a harmful and lasting emotional impact. Student 2 described that her ability to share intimacy in her personal relationships, to trust others, as well as her [XXX] have been destroyed by the Member’s actions (Exhibit 3, Appendix C at page 30 of the Proceedings at Guilty Plea). The Panel therefore finds that these facts clearly demonstrate that the Member’s conduct constituted physical, psychological or emotional, and sexual abuse of students.

13The Member similarly engaged in sexual abuse of students as defined in section 1 and section 40(1.1) of the version of the Act in force at the time of the Member’s conduct. The definition of sexual abuse at section 1 of the Act included: (a) sexual intercourse or other forms of physical sexual relations between the member and the student; (b) touching, of a sexual nature, of the student by the member; and (c) behaviour or remarks of a sexual nature by the member towards the student. Section 40(1.1) of the Act provided that sexual abuse was deemed to be “professional misconduct”, where Council made regulations defining “professional misconduct” for the purposes of the Act. The facts demonstrate that, at all material times, Student 1 and Student 2 were students of the Board and they were taught by the Member. Further, the Member engaged in all three categories of sexual abuse as defined in the Act. The Panel therefore finds that the Member’s conduct clearly constitutes sexual abuse of students as defined in section 1 and section 40(1.1) of the Act.

14The 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. Among other things, this provision requires teachers to demonstrate virtuous and ethical conduct and to serve as positive role models. The Member’s immoral and despicable conduct as described above caused significant harm to Student 1 and Student 2 during their formative years as teenagers and continues to affect them as adults. By abusing students physically, psychologically or emotionally, and sexually, the Member took advantage of his privileged position as a teacher in a way that is completely at odds with the fundamental duties of a teacher.

15The Panel finds that the Member’s criminal convictions for sexual assault, contrary to section 271 of the Criminal Code (related to Student 1), and for sexual exploitation, contrary to section 153(1)(a) of the Criminal Code (related Student 2), demonstrate that he contravened laws relevant to his suitability to hold a Certificate of Qualification and Registration and which has caused students under the Members supervision to be put at risk, contrary to subsections 1(16) and 1(17) of Ontario Regulation 437/97. Sexual assault and sexual exploitation of students are very serious crimes. The Member’s predatory sexual behaviour demonstrates that he is not suited to hold the unique position of trust and authority as a teacher. By contravening laws so fundamental to student safety, the Member put both Student 1 and Student 2 at risk.

16The Member breached subsection 1(18) of Ontario Regulation 437/97. It was disgraceful, dishonourable and unprofessional for the Member to commit sexual assault and to sexually exploit students. The teaching profession does not tolerate the sexual abuse of students. The Member had a responsibility to prioritize the physical and emotional safety of students. The Member’s actions had a profoundly negative impact on these students’ psychological and emotional well-being, which carried forward into their adult lives, including by causing them to feel perpetually unsafe. The impact of the Member’s actions also extended to family members and to the community, as described in the victim impact statements of Student 1’s [XXX] and [XXX] (Exhibit 3 at Appendix C at pages 20-32 of the Proceedings at Guilty Plea). The Member’s egregious conduct demonstrates significant moral and professional failings, and his behaviour was clearly disgraceful, dishonourable and unprofessional.

17The Member’s egregious conduct, which led to criminal convictions as described above is also unbecoming a member, contrary to subsection 1(19) of Ontario Regulation 437/97. The public’s trust in the teaching profession is severely compromised when members of the profession, who are entrusted to keep students safe from harm, commit sexual offences against them.

F. PENALTY DECISION

18The parties agreed to a Joint Submission on Penalty (Exhibit 4), which was presented to the Panel. In an oral decision rendered on November 1, 2021, 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 that 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

19The Member’s professional misconduct consisted of or included the sexual abuse of students 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 these mandatory penalty provisions apply retrospectively in this case pursuant to section 63.2 of the Act.² The Panel notes that it has no discretion in this regard. With respect to the form of the reprimand, the Panel finds that a written reprimand is appropriate in the circumstances, given the parties’ joint submission and the fact that the Member is incarcerated.

20The 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 participation in the discipline process as well as his guilty plea and the parties’ joint submission on penalty.

21The Panel denounces the Member’s misconduct in the strongest terms.

Footnotes

1. 1This section of the Act was in force at the time of the Member’s conduct in relation to Student 1 and Student 2 but was repealed on December 5, 2016.
2. 2Although this mandatory penalty provision was not in force at the time of the Member’s sexual abuse of Student 1 and Student 2 (i.e. between September 1, 2013 and July 23, 2016, and September 1, 2012 and June 5, 2014, respectively) section 63.2 of the Act provides that the mandatory penalty provisions at section 30.2 of the Act apply retrospectively where the sexual abuse occurred before April 3, 2019 and no order has been made under subsection 30(4) of the Act before then. These conditions are met in this case and the Panel must therefore apply the mandatory penalty provisions set out at section 30.2 of the Act.