Ontario College of Teachers v. Merolle, 2022 ONOCT 36

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Merolle 2022 ONOCT 36

Date: 2022-04-27

DECISION ON FINDING

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

Roberto Merolle, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ROBERTO MEROLLE (REGISTRATION #197179)

PANEL: Emile Ramlochan, Chair Kirby Chown, OCT Terrence Singh, OCT

HEARD: April 20, 2022

Ava Arbuck, for the Ontario College of Teachers Jordan Donich and Carley Reynolds, for Roberto Merolle 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.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on April 20, 2022, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Roberto Merolle (the “Member”) attended the hearing and had legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.

A. PUBLICATION BAN

3The 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. DECISION ON FINDING

4Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on April 20, 2022, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(14), 1(15), 1(18) and 1(19).

C. PENALTY

5On April 20, 2022, the Panel was presented with a Joint Submission on Penalty dated March 14, 2022. After hearing submissions on penalty, the Panel deliberated but did not reach a decision. The Panel informed the parties that it had concerns regarding the proposed penalty, but that the Panel would adjourn the hearing for the day and meet again as a panel for the purpose of putting its concerns in writing for the benefit of the parties. The Panel also informed the parties that a subsequent hearing date would be scheduled by the Tribunals’ Office to hear additional submissions from the parties in response to the Panel’s concerns.

6A written decision on finding with reasons will follow.