Ontario College of Teachers v. Skippen, 2021 ONOCT 70

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Skippen 2021 ONOCT 70

Date: 2021-07-07

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

Paul Edwin Skippen, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

PAUL EDWIN SKIPPEN (REGISTRATION #175253)

PANEL: Wanda Percival, Chair Emile Ramlochan Claudette Rutherford, OCT

HEARD: July 7, 2021

Danielle Miller, for the Ontario College of Teachers

No one appearing for Paul Edwin Skippen

Julie Maciura, Independent Legal Counsel

1On July 7, 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 Paul Edwin Skippen (the “Member”) set out in a Notice of Hearing dated March 22, 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 (the “Rules”), this proceeding was heard electronically.

2The Member did not attend the proceeding and did not have legal representation.

A. RESIGNATION, UNDERTAKING 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 22, 2021 in exchange for the Resignation, Undertaking and Acknowledgment of Paul Edwin Skippen (the “Undertaking”) dated April 26, 2021, in which the Member agreed to the following terms, conditions or limitations:

1. I hereby resign as a member of the Ontario College of Teachers with immediate effect.

2. I undertake that, following my resignation, I will not teach in any public or private school in Ontario or work in any position which requires membership in the Ontario College of Teachers.

3. I will not seek reinstatement of my Certificate of Qualification and Registration.

4. I understand that a breach of this Resignation, Undertaking and Acknowledgment may constitute professional misconduct and that in those circumstances, should I obtain a Certificate of Qualification and Registration, the Ontario College of Teachers will be at liberty to re-institute these proceedings.

5. I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled” and the notation will read as follows:

“On April 26, 2021, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again nor to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending.”

6. I acknowledge and understand that decisions of the Discipline Committee are available on the Ontario College of Teachers’ website.

7. I acknowledge my understanding about the scope, purpose and effect of my execution of this Resignation, Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.

B. DECISION

4On July 7, 2021, upon hearing the submissions of College Counsel, 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 22, 2021 in exchange for the Undertaking of the Member dated April 26, 2021.

C. REASONS FOR DECISION

5The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules.

6College Counsel explained why it sought to withdraw the allegations of professional misconduct in this case. College Counsel submitted that withdrawing the Notice of Hearing is in the public interest given that this is a case of off-duty conduct by a retired member, the Member has resigned from the College, and he has undertaken never to teach in any public or private school in Ontario again. Additionally, the Member has undertaken never to seek reinstatement as a member of the College. College Counsel submitted that, if the Undertaking is accepted, the Member would never again be in a position to become a risk to the public through teaching. Taking these factors into consideration, it is in the public interest to withdraw the allegations in exchange for the Undertaking, rather than proceeding with a potentially lengthy and costly contested hearing.

7The Panel accepts the submissions of the College and finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.