DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v McAnally 2022 ONOCT 55

Date: 2022-06-06

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

Gavin James McAnally, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

GAVIN JAMES MCANALLY (REGISTRATION #439169)

PANEL: Hanno Weinberger, OCT, Chair Sarah Choudhury Linda Staudt, OCT

HEARD: June 1, 2022

Danielle Miller, for the Ontario College of Teachers

Jerry Raso, for Gavin James McAnally

Ahmad Mozaffari, 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 June 1, 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 Gavin James McAnally (the “Member”) set out in a Notice of Hearing dated February 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 but had 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. RESIGNATION, 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 February 11, 2021, given the Resignation, Undertaking and Acknowledgment of Gavin James McAnally (the “Resignation, Undertaking and Acknowledgment”) dated May 17, 2022, in which the Member agreed to the following terms and conditions:

1. I hereby resign as a member of the Ontario College of Teachers with immediate effect.

2. I undertake not to seek or accept employment in any teaching position in any public or private school in Ontario, or to work in any other position that requires membership in the Ontario College of Teachers.

3. I will not seek reinstatement of my Certificate of Qualification and Registration.

4. I understand that a breach of this Resignation, Undertaking and Acknowledgment may constitute professional misconduct and that, in those circumstances, the Ontario College of Teachers will be at liberty to institute proceedings against me.

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

“On May 17, 2022, the Member resigned his 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 his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending.”

6. I acknowledge and understand that decisions of the Discipline Committee are available on the Ontario College of Teachers’ website.

7. I acknowledge my understanding about the scope, purpose and effect of my execution of this Resignation, Undertaking and Acknowledgement and am executing same voluntarily, unequivocally, and with the advice of legal counsel.

C. DECISION

5On June 1, 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 February 11, 2021, in view of the Resignation, Undertaking and Acknowledgment of the Member dated May 17, 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 the following 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 expects at this time. 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 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 Resignation, Undertaking and Acknowledgment, which serves to protect the public interest.