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
David Samuel Hyde, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
DAVID SAMUEL HYDE (REGISTRATION #538540)
PANEL: Marlène Marwah, Chair Jacqueline Boulianne, OCT Yasser Leheta, OCT
HEARD: June 25, 2021
Zirka Jakibchuk, for the Ontario College of Teachers Angela Zhu, for David Samuel Hyde 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 David Samuel Hyde (the “Member”) set out in a Notice of Hearing dated March 16, 2021 (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 attended the proceeding and had legal representation.
A. UNDERTAKING, AGREEMENT AND ACKNOWLEDGMENT
3Counsel for the College advised the Panel that the parties had agreed to the withdrawal of the allegations against the Member set out in the Notice of Hearing dated March 16, 2021, in exchange for the Undertaking, Agreement and Acknowledgment of David Samuel Hyde (the “Undertaking”) dated May 12, 2021, in which the Member agreed to the following terms, conditions or limitations:
I hereby resign as a member of the College and surrender irrevocably my Certificate of Qualification and Registration effective on the date of the Committee’s Decision on Motion withdrawing the Notice of Hearing in this matter.
I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.
I undertake that following my resignation, I will never teach again in any public or private school in Ontario or work in any position that requires membership in the College.
I acknowledge that I will not be entitled in the future to seek membership in the College after having resigned permanently from membership in the College and having irrevocably surrendered my Certificate of Registration pursuant to this Undertaking, Agreement and Acknowledgement.
I acknowledge that my status on the Public Register of the College will be “Resigned-Cancelled” and the notation will read as follows:
“On June 25, 2021, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again in any public or private school in Ontario or to work in any position that requires membership in the Ontario College of Teachers. The Member has also undertaken never to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending.”
I acknowledge that the College is authorized to provide information regarding this Undertaking, Agreement and Acknowledgement in response to any inquiries it receives from any authority that regulates the practice of teaching in any other jurisdiction.
I acknowledge and understand that the decision and reasons of the Discipline Committee in this matter will be available on the College's website.
I understand and agree that this Undertaking, Agreement and Acknowledgement is legally binding on me and that the College may take any legal action against me to enforce it that the College deems appropriate.
I fully understand the terms of this Undertaking, Agreement and Acknowledgement.
I confirm that am entering into this Undertaking. Agreement and Acknowledgement voluntarily and without compulsion or duress, and that I have bee advised by the College of my right to obtain independent legal advice on this Undertaking, Agreement and Acknowledgement and its contents. I have had ample opportunity to consult with legal counsel regarding the terms of this Undertaking, Agreement and Acknowledgement and any other related legal issues.
B. DECISION
4On June 25, 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 March 16, 2021, in exchange for the Undertaking of the Member dated May 12, 2021.
C. REASONS FOR DECISION
5The 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. College Counsel explained why it sought to withdraw the allegations of professional misconduct in this case. First, the College submitted that significant evidentiary challenges would make it difficult to obtain a finding of professional misconduct. Second, the Member has no prior discipline history with the College or Board. Third, the Member has resigned from the College and has undertaken to surrender his teaching certificate and never to seek reinstatement as a member of the College. Fourth, given the Member’s Undertaking, no students will be exposed to the Member in a student-teacher capacity in Ontario. Therefore, College Counsel submitted that withdrawing the allegations in exchange for the Member’s Undertaking is in the public interest.
6The Panel accepts College Counsel’s submissions and finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking is reasonable in these circumstances. It is not in the public interest to expend the resources to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of professional misconduct.
7By allowing this motion, the Panel makes no finding with respect to the allegations in the Notice of Hearing.
Date: July 2, 2021
Marlène Marwah Chair, Discipline Panel
Jacqueline Boulianne, OCT Member, Discipline Panel
Yasser Leheta, OCT Member, Discipline Panel