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
Virginia Rose Caldwell, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
VIRGINIA ROSE CALDWELL (REGISTRATION #628196)
PANEL: Stéphane Vallée, OCT, Chair Lois Figg Azeem Khan
HEARD: August 11, 2021
Danielle Miller, for the Ontario College of Teachers
Patricia D’Heureux, for Virginia Rose Caldwell
Erica Richler, Independent Legal Counsel
1On August 11, 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 Virginia Rose Caldwell (the “Member”) set out in a Notice of Hearing dated June 13, 2019 (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 who attended on her behalf.
A. 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 June 13, 2019, in exchange for the Undertaking and Acknowledgment of Virginia Rose Caldwell (the “Undertaking and Acknowledgment”) dated July 4, 2021 (Exhibit 2), in which the Member agreed to certain terms, conditions or limitations.
4The terms, conditions or limitations will be contained on the Register, on the Member’s Certificate of Qualification and Registration, and on her Statement of Professional standing issued by the College, for as long as they are applicable. The information to be recorded on the website version of the Register, for only so long as the terms, conditions or limitations are applicable, will be as follows:
On July 4, 2021, the Member entered into an Undertaking and Acknowledgment with the College which sets out the terms, conditions, and limitations to be imposed on the Member’s Certificate of Qualification and Registration.
B. DECISION
5On August 11, 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 June 13, 2019 in exchange for the Undertaking and Acknowledgment of the Member dated July 4, 2021.
C. 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.
7College Counsel submitted that it would be appropriate for the Panel to withdraw the allegations of professional misconduct in this case because the terms, conditions or limitations that the Member agreed to in the Undertaking and Acknowledgment will protect the public interest.
8Member’s Counsel agreed with College Counsel’s submissions.
9Having reviewed the terms, conditions or limitations agreed to by the Member in the Undertaking and Acknowledgment, the Panel accepts the submissions of the parties and finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.
Date: August 16, 2021
Stéphane Vallée, OCT Chair, Discipline Panel
Lois Figg Member, Discipline Panel
Azeem Khan Member, Discipline Panel