DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION AND REASONS ON MOTION
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
Parthipan Kandavel, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
PARTHIPAN KANDAVEL (REGISTRATION #624886)
PANEL: Josée Landriault, OCT, Chair Natasha Feghali, OCT Emile Ramlochan
HEARD: May 28, 2021
Danielle Miller, for the Ontario College of Teachers Paul-Erik Veel, for Parthipan Kandavel Renée Kopp, Independent Legal Counsel
1On May 28, 2021, counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from a panel of the Discipline Committee (the “Panel”) to withdraw the allegations against Parthipan Kandavel (the “Member”) set out in a Notice of Hearing dated January 20, 2020 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, this proceeding was heard electronically.
2The Member did not attend the proceeding but had legal representation.
A. SUBMISSIONS OF COLLEGE COUNSEL
3College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing. The allegations relate to the Member’s alleged false representation of his teaching credentials that he allowed to be published and distributed in campaign materials for school trustee elections. College Counsel submitted that although the Member held a Master of Science in Education (abbreviated as MSc. Ed.) the Member used the Master of Education degree acronym (abbreviated as M. Ed.), creating a false impression that he held a graduate degree in education. However, College Counsel noted that there is no evidence that the Member knowingly or deliberately misrepresented his credentials, that it operated to the Member’s advantage in his political campaign, or that the public was misled. While the Member was previously issued a caution by the Investigation Committee for representing his credentials in the same incorrect manner during a 2015 school trustee election campaign, the Member was not notified of the caution. The package containing the Investigation Committee’s decision was couriered to the Member, but it was returned to the College undelivered. The Member was overseas during an extended period and never received it. In the interim, the Member agreed to enrol in a course on professional ethics with a course practitioner approved by the Registrar and has since completed it. College Counsel submitted that in these circumstances, it would not be in the public interest to proceed with the prosecution of this case.
B. SUBMISSIONS OF MEMBER’S COUNSEL
4Member’s Counsel agreed with College Counsel’s submissions.
C. DECISION
5On May 28, 2021, upon hearing the submissions of the parties and given the consent of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated January 20, 2020.
D. REASONS FOR DECISION
6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. The Panel accepts the submissions of College Counsel that given the circumstances of this case, the public will be adequately protected without proceeding with this discipline hearing. The Member has voluntarily completed a course on professional ethics and has been made patently aware not to use an incorrect abbreviation of his degree credentials.
7The Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to expend the College’s resources to proceed with a discipline hearing for low-end misconduct where there is no risk to the public.
Date: June 7, 2021
Josée Landriault, OCT Chair, Discipline Panel
Natasha Feghali, OCT Member, Discipline Panel
Emile Ramlochan Member, Discipline Panel