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
Lucien Michel Rolland Chaput, OCT, and Gilles Auger, OCT, both members of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
LUCIEN MICHEL ROLLAND CHAPUT, OCT (REGISTRATION #470553)
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
GILLES AUGER, OCT (REGISTRATION #262605)
PANEL: Myrna Tulandi, Chair Scott Barker, OCT Alain Martel, OCT
HEARD: December 7, 2022
Christine Lonsdale, for the Ontario College of Teachers
Corey Willard, for Lucien Michel Rolland Chaput and Gilles Auger
Renée A. Kopp, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.
1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on December 7, 2022, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”).
2Lucien \Chaput (“Mr. Chaput”) and Gilles Auger (“Mr. Auger”) attended the hearing and were represented by legal counsel.
3The Panel was advised by College Counsel at the outset of the hearing that the parties had agreed to proceed with a single hearing to address the allegations of professional misconduct against both members, in accordance with subsection 9.1(1)(b) of the Statutory Powers Procedure Act. The allegations in question are the ones brought against Mr. Chaput in the Notice of Hearing dated February 3, 2020 (Exhibit 1), and the allegations brought against Mr. Auger in the Notice of Hearing also dated February 3, 2020 (Exhibit 2). Therefore, the Panel heard the allegations brought against both members in their respective Notices of Hearing simultaneously.
4College Counsel then brought a motion to seek leave from the Panel to withdraw the allegations against Mr. Chaput and Mr. Auger set out in their respective Notice of Hearings.
A. PUBLICATION BAN
5The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (the “Act”), which makes such an order mandatory. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.
B. UNDERTAKING, AGREEMENT AND ACKNOWLEDGMENT
6The Panel was advised by College Counsel that the parties had agreed to withdraw the allegations against Mr. Chaput set out in the Notice of Hearing dated February 3, 2020 (Exhibit 1), in light of the Undertaking, Agreement and Acknowledgment he entered into with the College on November 24, 2022, in which he agreed to the following terms, conditions or limitations:
- Within 120 days of the date of the present undertaking, I hereby agree to enrol in and successfully complete, at my own expense, the following course of instruction that has been pre-approved by the Registrar:
(a) a course regarding the investigation process and the conducting of investigations in school settings following allegations of harassment;
(b) within 30 days of the completion of the course described in paragraph (a) above, I agree to provide the Registrar with written proof stating that I successfully completed the course.
I understand that a failure to comply with the terms of this Undertaking, Agreement and Acknowledgment may constitute professional misconduct and that in those circumstances, the College may initiate proceedings against me.
I acknowledge that while I am fulfilling the terms set out in this Undertaking, Agreement and Acknowledgment, they will be listed on the College’s public register, which will also bear the following notation:
“On November 24, 2022, the member entered into an Undertaking, Agreement and Acknowledgement that subjects his Certificate of Qualification and Registration to terms, conditions or limitations. All disciplinary decisions are published on the College’s website.”
I understand that this document will be, and I authorize it to be, presented to a Panel of the College’s Discipline Committee. I understand that all Discipline Committee decisions are published on the College’s website.
I acknowledge my understanding of the scope, purpose and effect of my execution of this Undertaking, Agreement and Acknowledgment and am executing the same voluntarily, unequivocally, and having had the opportunity to obtain the advice of legal counsel.
7The Panel was advised by College Counsel that the parties had also agreed to withdraw the allegations against Mr. Auger set out in the Notice of Hearing dated February 3, 2020 (Exhibit 2), in light of the Undertaking, Agreement and Acknowledgment he entered into with the College on November 29, 2022, in which he agreed to the following terms, conditions or limitations:
- Within 120 days of the date of the present undertaking, I hereby agree to enrol in and successfully complete, at my own expense, the following course of instruction that has been pre-approved by the Registrar:
(a) a course regarding the investigation process and the conducting of investigations in school settings following allegations of harassment;
(b) within 30 days of the completion of the course described in paragraph (a) above, I agree to provide the Registrar with written proof stating that I successfully completed the course.
I understand that failure to comply with the terms of this Undertaking, Agreement and Acknowledgment may constitute professional misconduct and that in those circumstances, the College may initiate proceedings against me.
I acknowledge that while I am fulfilling the terms set out in this Undertaking, Agreement and Acknowledgment, they will be listed on the College’s public register, which will also bear the following notation:
“On November 29, 2022, the member entered into an Undertaking, Agreement and Acknowledgement that subjects his Certificate of Qualification and Registration to terms, conditions or limitations. All disciplinary decisions are published on the College’s website.”
I understand that this document will be, and I authorize it to be, presented to a Panel of the College’s Discipline Committee. I understand that all Discipline Committee decisions are available on the College’s website.
I acknowledge my understanding of the scope, purpose and effect of my execution of this Undertaking, Agreement and Acknowledgment and am executing the same voluntarily, unequivocally, and having had the opportunity to obtain the advice of legal counsel.
C. DECISION
8On December 7, 2022, upon hearing the submissions of College Counsel, and given the consent of the parties, the Panel granted the College’s motion to withdraw the allegations against Mr. Chaput set out in the Notice of Hearing dated February 3, 2020 (Exhibit 1), in light of the Undertaking, Agreement and Acknowledgment Mr. Chaput entered into on November 24, 2022, as well as the allegations against Mr. Auger set out in the Notice of Hearing dated February 3, 2020 (Exhibit 1), in light of the Undertaking, Agreement and Acknowledgment Mr. Auger entered into on November 29, 2022.
D. REASONS FOR DECISION
9The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. College Counsel provided the following reasons to explain why the College sought to withdraw the allegations against Mr. Chaput and Mr. Auger set out in their respective Notices of Hearing. First, the allegations against Mr. Chaput and Mr. Auger stem from the same incident and they have both committed, as part of the Undertaking, Agreement and Acknowledgment into which they each entered, to enrol in a course of instruction that will address their alleged professional misconduct. Second, the case law demonstrates that the penalty that would have been ordered by a panel of the Discipline Committee would likely have required Mr. Chaput and Mr. Auger to successfully complete a course similar to the one they have already voluntarily agreed to take. Last, the proceedings against Mr. Chaput and Mr. Auger would have involved lengthy and difficult contested hearings of which the outcome would have been uncertain.
10The Panel accepts the submissions of College Counsel and finds that, given the circumstances and the consent of the parties, and in light of Mr. Chaput’s and Mr. Auger’s respective Undertaking, Agreement and Acknowledgment, the withdrawal of their respective Notices of Hearing is reasonable and protects the public interest. In addition, the transparency of the discipline process will be ensured by making the Panel’s Decision and Reasons publicly accessible on the College’s website and in legal databases, and by posting a notation regarding each Undertaking, Agreement and Acknowledgment on the College’s public register.
December 7, 2022
Myrna Tulandi Chair, Discipline Panel
Scott Barker, OCT Member, Discipline Panel
Alain Martel, OCT Member, Discipline Panel