Ontario College of Teachers v. Duncan, 2021 ONOCT 32

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Duncan 2021 ONOCT 32

Date: 2021-04-21

DECISION AND REASONS FOR DECISION ON MOTION FOR ADJOURNMENT

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

Ryan Michael Duncan, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

RYAN MICHAEL DUNCAN (REGISTRATION #492019)

PANEL: Irene Dembek, OCT, Chair Rebecca Forte, OCT Tom Potter

HEARD: April 21, 2021

Andrew Matheson and Hakim Kassam, for the Ontario College of Teachers

No one appearing for Ryan Michael Duncan

Rebecca Durcan, 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 April 21, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”).

2Ryan Michael Duncan (the “Member”) did not attend the proceeding and did not have legal representation.

A. PUBLICATION BAN

3When the hearing on the merits began on November 26, 2019, the 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. This publication ban remains in effect. 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 MOTION

4This hearing began in person on November 26, 2019, with both parties in attendance. After hearing the evidence on that date, the hearing was adjourned for the Member to provide documents to the College and for submissions on liability. The hearing was scheduled to continue electronically on April 21, 2021. Shortly before the scheduled continuation date, the Member brought a motion to adjourn the proceeding due to medical issues.

5Counsel for the College advised the Panel that the College consents to the adjournment of this hearing in exchange for the Undertaking and Acknowledgement of Ryan Michael Duncan (the “Undertaking and Acknowledgement”) dated April 20, 2021, in which the Member agreed to the following terms and conditions:

1. I agree not to teach in a public or private school in Ontario, or to hold or seek to hold a position requiring that a Certificate of Qualification and Registration be held, until the Discipline Committee of the Ontario College of Teachers has adjudicated the discipline proceedings pending against me arising from the Notices of Hearing dated September 11, 2017 and February 5, 2019.

2. I understand that a breach of this Undertaking and Acknowledgement may constitute professional misconduct, and that in those circumstances, the Ontario College of Teachers will be at liberty to launch a complaint against me.

3. I acknowledge that the notation on the Public Register of the Ontario College of Teachers will read as follows:

“On April 21, 2021, Ryan Michael Duncan agreed not to teach in a public or private school in Ontario, or to hold or seek to hold a position requiring that a Certificate of Qualification and Registration be held, until the Discipline Committee of the Ontario College of Teachers has adjudicated the discipline proceedings pending against him. As of the present time, no conclusion has been reached concerning the complaints against Mr. Duncan.”

4. I acknowledge I have requested an adjournment of the April 21, 2021 hearing dates for the pending disciplinary proceeding against me because of my medical condition. I agree I will deliver evidence of my medical condition to counsel for the College.

5. I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally and with the advice of legal counsel.

C. DECISION

6On April 21, 2021, having considered the Undertaking and Acknowledgement and the submissions of the College, the Panel granted the Member’s request for an adjournment. Accordingly, the matter is adjourned to September 14, 2021 for submissions on liability.

D. REASONS FOR DECISION

7The Panel carefully considered the submissions of the College. Pursuant to Rule 14 of the Rules, the Panel has the discretion to adjourn a hearing. Furthermore, pursuant to sub-rule 14.01(2) of the Rules and in accordance with section 21 of the Statutory Powers Procedure Act, the Panel may consider one or more of the following factors when deciding whether or not to grant an adjournment:

1. the sufficiency of the reasons advanced for the request to adjourn;

2. the timeliness of the request;

3. the resources of the Committee, including scheduling related issues;

4. any prejudice to the parties;

5. whether any adjournments had been granted previously;

6. the consent of the parties; or

7. any other relevant factor.

8In arriving at its decision to grant the Member’s request for an adjournment, the Panel gave significant weight to the fact that the College consented to the Member’s motion. The Panel notes that there was no independent medical report to verify the Member’s medical concerns. However, the Panel generally agrees with College Counsel’s submission that the Member’s medical issues are an appropriate reason for this matter to be adjourned. The Panel is also comforted by the Member’s signing of the Undertaking and Acknowledgement, which ensures that he will not teach until this matter has been adjudicated. The Panel is satisfied that the public interest is satisfied by the Member’s Undertaking and Acknowledgement.

9The Panel finds that this order appropriately accommodates the needs of the Member, while not unduly prejudicing the College, and it satisfies the public interest.