Ontario College of Teachers v. De Albuquerque, 2021 ONOCT 93

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v De Albuquerque 2021 ONOCT 93

Date: 2021-09-06

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

Susana Maria Veloso De Albuquerque, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

SUSANA MARIA VELOSO DE ALBUQUERQUE (REGISTRATION #216099)

PANEL: Hanno Weinberger, Chair William Goldbloom Linda Staudt, OCT

HEARD: September 2, 2021

Ava Arbuck, for the Ontario College of Teachers Naomi Greckol-Herlich, for Susana Maria Veloso De Albuquerque Julie Maciura, Independent Legal Counsel

1On September 2, 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 Susana Maria Veloso De Albuquerque (the “Member”) set out in a Notice of Hearing dated October 10, 2012 (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. 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 October 10, 2012, in exchange for the Undertaking and Acknowledgment of Susana Maria Veloso De Albuquerque (the “Undertaking and Acknowledgment”) dated June 22, 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 I will never seek reinstatement of my Certificate of Qualification and Registration.
3. I undertake that I will never teach again in any elementary or secondary publicly-funded or private school in Ontario or work in any position which requires membership in the Ontario College of Teachers.
4. I understand that a breach of this Undertaking and Acknowledgment, may constitute professional misconduct.
5. I acknowledge that my status on the Public Register of the Ontario College of Teachers will be “Resigned-Cancelled.”
6. I acknowledge my understanding about the scope, purpose and effect of my execution of this Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.

B. DECISION

4On September 2, 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 October 10, 2012 in exchange for the Undertaking and Acknowledgment of the Member dated June 22, 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. In summary, College Counsel submitted that: (1) the Member has been not been teaching since July 28, 2014 and the public has been aware of this fact due to the notation posted on the website version of the Public Register; (2) since 2014, there have been no new student or public safety concerns involving the Member; (3) the Member has not been well enough to participate in a discipline hearing; and (4) the Member has resigned her membership from the College and has undertaken never to seek reinstatement of her Certificate of Qualification and Registration. Given the Member’s Undertaking and Acknowledgment, no students will be exposed to the Member in a student-teacher capacity in the future in Ontario. Therefore, College Counsel submitted that withdrawing the allegations in exchange for the Member’s undertaking is in the public interest.

6Due to the fact that the Member has not engaged in employment as a teacher in any capacity since 2014, the parties have agreed that the website version of the Member’s Public Register profile will indicate that her status is “Cancelled-Resigned” with no additional notation.

7Member’s Counsel agreed with College Counsel’s submissions.

8The Panel accepts the parties’ submissions and finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking is reasonable in these circumstances.