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
Lynne Rita Bouchard, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
LYNNE RITA BOUCHARD (REGISTRATION #573837)
PANEL: Marlène Marwah, Chair Jacqueline Boulianne, OCT Yasser Leheta, OCT
HEARD: June 25, 2021
Christine Lonsdale, for the Ontario College of Teachers Lise Leduc, for Lynne Rita Bouchard Renée Kopp, Independent Legal Counsel
1On June 25, 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 Lynne Rita Bouchard (the "Member") set out in a Notice of Hearing dated January 17, 2020 (Exhibit 1). Pursuant to Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, the proceeding was held electronically.
2The Member did not attend the hearing but had legal representation.
A. UNDERTAKING AND ACKNOWLEDGEMENT
3College Counsel advised the Panel that the parties had agreed to withdraw the allegations against the Member in the Notice of Hearing dated January 17, 2020 in exchange for her Undertaking and Acknowledgement dated April 30, 2021 (the "Undertaking"), in which she agreed to satisfy the following terms, conditions or limitations:
- Prior to commencing or resuming a Teaching Position for which a Certificate of Qualification and Registration (a "Teaching Position") is required, I undertake to enrol in and successfully complete at my own expense the following course pre-approved by the Registrar:
(a) an Additional Qualification or Additional Basic Qualification course that covers teaching and learning strategies, assessment and evaluation of student learning, and classroom management;
(b) within 30 days of completion of the course outlined in paragraph (a) above, I undertake to provide the Registrar with proof in writing that I have successfully completed said course.
Within 30 days of my return to a Teaching Position, I undertake to inform the College Registrar of the date of my return to a teaching position, the name of my employer, and the nature of my position.
Upon returning to a Teaching Position, I undertake to take all reasonable steps to have my employer conduct at least one appraisal of my performance within 12 months following my return to a Teaching Position. I undertake to provide the Registrar with satisfactory proof in writing that I have taken such steps.
Once I resume a regular Teaching Position within the meaning of the Education Act, I undertake to take all reasonable steps to have my employer conduct at least one appraisal of my performance within 12 months following my return to a Teaching Position. I undertake to provide the Registrar with satisfactory proof in writing that I have taken such steps.
I undertake to provide the Registrar with copies of my subsequent two Teacher Performance Appraisals within 30 days after the appraisal. This condition will remain in effect until I have received and submitted to the Registrar copies of two Satisfactory appraisal ratings. If my employer is unable or unwilling to conduct a Teacher Performance Appraisal, I agree to notify the Registrar in writing immediately.
I understand that non-compliance with this Undertaking and Acknowledgement may constitute professional misconduct. If I do not comply with one of the terms of this Undertaking and Acknowledgement, the College shall be free to initiate proceedings for non-compliance with the Undertaking and Acknowledgement, or re-initiate these proceedings.
I acknowledge that the following notation will appear on the public register of the College:
"On April 30, 2021, the Member signed an Undertaking and Acknowledgement imposing terms, conditions or limitations on her Certificate of Qualification and Registration. All disciplinary decisions are available on the College website."
I acknowledge and understand that the decisions of the Discipline Committee are available on the College website.
I acknowledge and understand the scope, intent and effect of signing the Undertaking and Acknowledgement, and am signing this document voluntarily, unequivocally and with the advice of legal counsel.
B. DECISION
4On June 25, 2021, after hearing the submissions of the parties and with their consent, the Panel authorized the College to withdraw the allegations against the Member in the Notice of Hearing dated January 17, 2020 in exchange for her Undertaking of April 30, 2021.
C. REASONS FOR DECISION
5The Committee 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. College Counsel explained the College’s reasons for wishing to withdraw the allegations of professional misconduct or incompetence. College Counsel submitted that the allegations in the Notice of Hearing arose from three Unsatisfactory performance appraisal ratings received by the Member. Her employment was terminated and she filed a grievance. The grievance arbitrator found that the Member could have benefited from specific supports to improve her performance and should be allowed a re-appraisal. According to College Counsel, in light of the arbitrator’s decision, it would be difficult to prove the allegations of professional misconduct or incompetence and the outcome of a hearing would be uncertain. Furthermore, if we review past decisions of the Panel, the vast majority of decisions include a two-part penalty: first, the Member is required to take a course and second, the Member must provide the College with two subsequent appraisals that prove the Member has attained the required level. The Member’s Undertaking includes these measures.
6The Panel accepts College Counsel’s submissions and concludes that, in the circumstances, the withdrawal of the Notice of Hearing is reasonable and appropriate. It is not in the public interest to expend resources to proceed with a matter in which the College has no reasonable prospect of a finding of professional misconduct or incompetence. Furthermore, the public is already protected by the Member’s Undertaking, which includes terms, conditions or limitations similar to those that a panel would probably have ordered if it had made a finding of professional misconduct or incompetence following a hearing.
July 2, 2021
Marlène Marwah Chair, Discipline Panel
Jacqueline Boulianne, OCT Member, Discipline Panel
Yasser Leheta, OCT Member, Discipline Panel