Ontario College of Teachers v. Fox, 2021 ONOCT 24

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Fox 2021 ONOCT 24

Date: 2021-02-08

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 Paul Daniel Fox, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

PAUL DANIEL FOX (REGISTRATION #380365)

PANEL: Rebecca Forte, OCT, Chair Diane Ballantyne, OCT Wanda Percival

HEARD: January 11 and February 8, 2021

COUNSEL: Shane D’Souza and Vincent DeMarco, for the Ontario College of Teachers No one appearing for Paul Daniel Fox Erica Richler, 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

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on January 11 and February 8, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Paul Daniel Fox (the “Member”) did not attend the hearing and did not have legal representation.

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. DECISION ON FINDING

4Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (a) of the Notice of Hearing, namely that the Member contravened subsection 1(5) of Ontario Regulation 437/97, be withdrawn. The Panel granted this request.

5Having considered the evidence and the submissions of College Counsel, the Panel rendered an oral decision on February 8, 2021 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7.1), 1(7.2), 1(14), 1(15), 1(18) and 1(19).

C. PENALTY Decision

6On February 8, 2021 the Panel made the following order as to penalty:

1. The Member is directed to receive a reprimand, which will be delivered in writing, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers (“Register”); and

2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

D. COSTS Decision

7On February 8, 2021 the Panel made the following order as to costs:

1. The Member shall pay costs of this proceeding to the College, fixed in the amount of $10,000, within 120 days of the date of the Reasons for Decision of the Discipline Committee relating to this matter.

8A written decision with reasons will follow.