DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION ON FINDING
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
Joseph Wayne Arsenault, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
JOSEPH WAYNE ARSENAULT (REGISTRATION #180816)
PANEL: Stéphane Vallée, OCT, Chair Rachelle Coleman Élaine Legault
HEARD: May 10, 2021
Danielle Miller and Noam Uri, for the Ontario College of Teachers
No one appearing for Joseph Wayne Arsenault
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 May 10, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Joseph Wayne Arsenault (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(a) of the Notice of Hearing, namely that the Member contravened subsection 1(5) of Ontario Regulation 437/97, be withdrawn.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 May 10, 2021, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7), 1(7.2), 1(11), 1(14), 1(15), 1(18) and 1(19). The Member’s conduct also constitutes sexual misconduct as defined in section 1 of the Act.
C. PENALTY AND COSTS
6The Panel received the College’s evidence and submissions with respect to penalty and costs on May 10, 2021 and reserved its decision.
7A written decision with reasons will follow, which will include reasons for the Panel's decision on finding, as well as the Panel's decision and reasons with respect to penalty and costs.
Date: May 10, 2021
Stéphane Vallée, OCT Chair, Discipline Panel
Rachelle Coleman Member, Discipline Panel
Élaine Legault Member, Discipline Panel