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
Mark Gordon Richardson, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
MARK GORDON RICHARDSON (REGISTRATION #521147)
PANEL: Anne Resnick, Chair Alain Martel, OCT Kimberley Westfall-Connor
HEARD: November 8, 2021
Yufei (Fiona) Wang, for the Ontario College of Teachers Michelle Sun, for Mark Gordon Richardson 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.
By order of Justice Mahoney of the Provincial Court of New Brunswick, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to section 486.4 of the Criminal Code.
1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on November 8, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Mark Gordon Richardson (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 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.
5The Panel also received a certified copy of the Court Information and endorsement pertaining to the criminal proceedings before Justice Geri Mahoney (Exhibit 2 at Appendix B). In these proceedings before the Provincial Court of New Brunswick, an order restricting publication was made pursuant to the Criminal Code of Canada. College Counsel confirmed on the record that the publication ban was ordered pursuant to section 486.4 of the Criminal Code of Canada. The Panel is required to uphold this publication ban. Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.
B. THE ALLEGATIONS
6The allegations against the Member in the Notice of Hearing dated May 4, 2021 (Exhibit 1) are as follows:
IT IS ALLEGED that Mark Gordon Richardson is guilty of professional misconduct as defined in the Act in that:
(a) 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