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
Patrick Thersio, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
PATRICK THERSIO (REGISTRATION #558721)
PANEL: Marlène Marwah, Chair Yasser Leheta, OCT Scott Barker, OCT
HEARD: March 7, 2022
Christine Lonsdale, for the Ontario College of Teachers Benjamin Piper, for Patrick Thersio Renée Kopp, Independent Legal Counsel
1On March 7, 2022, Counsel for the Ontario College of Teachers (the “Collegeˮ) brought a motion to seek leave from a panel of the Discipline Committee (the “Panelˮ) to withdraw all the allegations against Patrick Thersio (the “Memberˮ) set out in the Notice of Hearing dated October 23, 2019 (Exhibit 1). Pursuant to Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee(the “Rulesˮ), this proceeding was held electronically.
2The Member did not attend the hearing but had legal representation.
A. UNDERTAKING AND ACKNOWLEDGEMENT
3Counsel for the College advised the Panel that an agreement had been reached between the parties to withdraw all the allegations against the Member set out in the Notice of Hearing dated October 23, 2019, in exchange for his Undertaking and Acknowledgement of February 7, 2022 (Exhibit 2), in which he undertook to abide by the following terms, conditions or limitations:
- Within 120 days of the decision of the College’s Discipline Committee, I undertake to enrol in and successfully complete, at my own expense, the following course pre-approved by the Registrar:
(a) an Additional Qualification or Additional Basic Qualification course that covers differentiated teaching and learning strategies and classroom management;
(b) within 30 days of completion of the course outlined in paragraph (a) above, I undertake to provide the Registrar with proof in writing that I have successfully completed said course.
Within 30 days of the decision of the College’s Discipline Committee, I undertake to notify the College Registrar of the name of my employer and the teaching position I am filling.
I undertake to take all reasonable steps to have my employer conduct two appraisals of my performance within 24 months from the date of the decision of the College’s Discipline Committee. I undertake to provide the Registrar with satisfactory proof stipulating that I have taken such steps. I undertake to provide the Registrar with copies of the teacher performance appraisals within 30 days after each appraisal. If my employer is unable or unwilling to conduct such appraisals, I undertake to notify the Registrar in writing immediately.
I understand that non-compliance with this Undertaking and Acknowledgement may constitute professional misconduct. If I fail to comply with any one of the terms of this Undertaking and Acknowledgement, the College shall be free to initiate proceedings for non-compliance with the Undertaking and Acknowledgement or re-initiate these proceedings.
I acknowledge that the following notation will appear on the public register of the College:
“On March 7, 2022, the Member entered into an Undertaking and Acknowledgement imposing terms, conditions or limitations on his Certificate of Qualification and Registration. All disciplinary decisions are available on the College website.ˮ
I acknowledge and understand that the decisions of the Discipline Committee are available on the College website.
I acknowledge and understand the scope, intent and effect of signing the Undertaking and Acknowledgement, and am signing this document voluntarily, unequivocally and with the advice of legal counsel.
B. DECISION
4On March 7, 2022, after hearing the submissions by the parties and with their consent, the Panel granted the College permission to withdraw all of the allegations against the Member set out in the Notice of Hearing dated October 23, 2019, in exchange for his Undertaking and Acknowledgement of February 7, 2022.
C. REASONS FOR DECISION
5The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. Counsel for the College explained why she was seeking to withdraw all the allegations in the Notice of Hearing and Counsel for the Member agreed with the submissions. Counsel for the College submitted, and the Panel agreed, that all the allegations against the Member related to his incompetence.
6The allegations of incompetence in this matter arose from three appraisals of the Member’s teacher performance conducted by the same person. Following his third Unsatisfactory performance rating, the Member was dismissed. When the Member grieved his dismissal, the three performance appraisals were annulled, and the school board was ordered to re-open the Member’s performance appraisal process. In view of these facts, the Member is unlikely to be found incompetent in a hearing. As a rule, allegations of incompetence are very challenging to prove, and the outcome of a contested hearing would be uncertain. Moreover, the object of incompetence cases is usually to remedy a situation rather than penalize a member. The penalty is often corrective and generally consists of two parts: first, the member is required to take a course and second, the member is required to submit subsequent teacher performance appraisals with Satisfactory ratings to the College. The Member’s Undertaking includes these measures (Exhibit 2). Within 120 days of the Panel’s decision, the Member must take an Additional Qualification or Additional Basic Qualification course that addresses his shortcomings. In addition, the Member must undergo two performance appraisals within the ensuing 24 months, which will serve to oversee his teaching practice and ensure that his competencies are at the appropriate level.
7The Panel accepts the submissions of College Counsel and finds that the withdrawal of the Notice of Hearing in exchange for the Member’s Undertaking and Acknowledgement is reasonable and appropriate in the circumstances. It is not in the public interest to expend tribunal resources to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of incompetence. The Member’s Undertaking, which includes conditions similar to those that a discipline panel would probably have ordered had it made a finding of incompetence following a hearing, protects the public interest. In addition, posting the Undertaking on the public register will ensure the transparency of the proceedings.
March 10, 2022
Marlène Marwah Chair, Discipline Panel
Yasser Leheta, OCT Member, Discipline Panel
Scott Barker, OCT Member, Discipline Panel