Ontario College of Teachers v. Faul, 2022 ONOCT 24

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Faul 2022 ONOCT 24
Date: 2022-03-16

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

Amyann Elizabeth Faul, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

AMYANN ELIZABETH FAUL (REGISTRATION #662382)

PANEL:
Kimberley Westfall-Connor, Chair
Adam Dharsee, OCT
Brian Serafini, OCT

HEARD: March 15, 2022

Yufei (Fiona) Wang, for the Ontario College of Teachers
No one appearing for Amyann Elizabeth Faul
Julie Maciura, 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.

1On March 15, 2022, 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 Amyann Elizabeth Faul (the “Member”) set out in a Notice of Hearing dated November 11, 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. PUBLICATION ban

3The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, 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 AND ACKNOWLEDGMENT

4Counsel 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 November 11, 2021, in exchange for the Undertaking, Agreement and Acknowledgment of Amyann Elizabeth Faul (the “Undertaking and Acknowledgment”) dated January 4, 2022, in which the Member agreed to the following terms and conditions:

1. I acknowledge that I resigned as a member of the College and surrendered irrevocably my Certificate of Qualification and Registration effective on September 9, 2019.

2. I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.

3. I undertake that following my resignation, I will never teach again in any public or private school in Ontario or work in any position that requires membership in the College.

4. I acknowledge that I will not be entitled in the future to seek membership in the College after having resigned permanently from membership in the College and having irrevocably surrendered my Certificate of Registration pursuant to this Undertaking, Agreement and Acknowledgement.

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

“On January 4, 2022, the Member resigned her membership with the Ontario College of Teachers and has undertaken never to teach again in any public or private school in Ontario or to work in any position that requires membership in the Ontario College of Teachers. The Member has also undertaken never to seek reinstatement of her Certificate of Qualification and Registration. The Member resigned her membership while a disciplinary proceeding was pending.”

6. I acknowledge that the College is authorized to provide information regarding this Undertaking, Agreement and Acknowledgement in response to any inquiries it receives from any authority that regulates the practice of teaching in any other jurisdiction.

7. I acknowledge and understand that the decision and reasons of the Discipline Committee in this matter will be available on the College’s website.

8. I understand and agree that this Undertaking, Agreement and Acknowledgement is legally binding on me and that the College may take any legal action against me to enforce it that the College deems appropriate.

9. I fully understand the terms of this Undertaking, Agreement and Acknowledgement.

10. I confirm that I am entering into this Undertaking, Agreement and Acknowledgement voluntarily and without compulsion or duress, and that I have been advised by the College of my right to obtain independent legal advice on this Undertaking, Agreement and Acknowledgement and its contents. I have had ample opportunity to consult with legal counsel regarding the terms of this Undertaking, Agreement and Acknowledgement and any other related legal issues.

C. DECISION

5On March 15, 2022, upon hearing the submissions of College Counsel, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated November 11, 2021, in exchange for the Undertaking and Acknowledgment of the Member dated January 4, 2022.

D. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. College Counsel explained that it sought to withdraw the allegations of professional misconduct in this case for three main reasons. Firstly, it will be difficult for the College to obtain a finding of professional misconduct against the Member in view of the significant evidentiary challenges which the College is encountering. Secondly, given that the Member has resigned as a member of the College and has undertaken, among other things, never to teach in any public or private school in Ontario again, students will not be exposed to the Member, which will help ensure the protection of the public. Finally, transparency and accountability will be achieved given that the Panel’s Decision and Reasons on Motion will be published on the College’s website, thus demonstrating that the College has taken steps to address the matter in the public interest.

7The Panel accepts these submissions and finds that the withdrawal of the Notice of Hearing is reasonable and appropriate given the Member’s Undertaking and Acknowledgment, which serves to protect the public interest.