Ontario College of Teachers v. Testa, 2021 ONOCT 54

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Testa 2021 ONOCT 54

Date: 2021-06-04

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

Alexander Christopher Testa, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ALEXANDER CHRISTOPHER TESTA (REGISTRATION #631408)

PANEL: Tom Potter, Chair William Goldbloom Yasser Leheta, OCT

HEARD: June 3, 2021 and June 4, 2021

Danielle Miller and Erich Schultz, for the Ontario College of Teachers No one appearing for Alexander Christopher Testa Julie Maciura, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsection 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.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on June 3, 2021 and June 4, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Alexander Christopher Testa (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.

4Additionally, a publication ban was ordered pursuant to subsection 32.1(4) of the Act at the request of College Counsel and 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.

B. DECISION ON FINDING

5Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (a) of the Notice of Hearing dated June 3, 2020, namely that the Member contravened subsection 1(7.2) of Ontario Regulation 437/97, be withdrawn. The Panel granted the request.

6Having considered the evidence and the submissions of College Counsel, the Panel rendered an oral decision on June 4, 2021 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7.3), 1(14), 1(15), 1(18) and 1(19). The Member also engaged in sexual abuse of a student of a nature defined in section 1 of the Act.

C. PENALTY Decision

7On June 4, 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

8On June 4, 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 $20,000, within 6 months of the date of the Decision, Reasons for Decision and Order of the Discipline Committee relating to this matter.

9A written decision with reasons will follow.