DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION, REASONS FOR DECISION AND ORDER
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
Julie Mazerolle, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
JULIE MAZEROLLE (REGISTRATION #406789)
PANEL: Marlène Marwah, Chair Élaine Legault
HEARD: August 31, 2022
Émilie Bruneau, for Ontario College of Teachers Jean-Michel Corbeil, for Julie Mazerolle Renée 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.
This matter was heard before a panel of the Discipline Committee (the "Panel") on August 31, 2022 at the Ontario College of Teachers (the "College"). Pursuant to Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, the proceeding was held electronically. Pursuant to section 4.2.1(2) of the Statutory Powers Procedure Act and with the consent of the parties, the Chair of the Discipline Committee assigned to the Panel a lesser number of persons than the number specified in the Ontario College of Teachers Act, 1996 (the “Act”), and the hearing was held before a panel consisting of two members.
Julie Mazerolle (hereinafter referred to as the “Member”) was in attendance for 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 matter.
A. Publication BAN
The Panel ordered a publication ban pursuant to subsection 32.1(3) of 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. THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated October 15, 2021 (Exhibit 1) are as follows:
IT IS ALLEGED that Julie Mazerolle is guilty of professional misconduct as defined in the Act in that:
a) she abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
b) she abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
c) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
d) she failed to comply with the Act or the regulations or the by-laws, specifically section 321 of the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14);
e) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
f) she committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18);
g) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
C. STATEMENT OF UNCONTESTED FACTS
Counsel for the College presented the Panel with the parties’ Statement of Uncontested Facts and Plea of No Contest (Exhibit 2), which provides the following:
Julie Mazerolle is a member of the College. Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the Conseil scolaire catholique Franco-Nord (the “Board”) as a teacher at École [XXX] (the “School”) in [XXX], Ontario.
In the 2018-2019 academic year, Student 1 was a [XXX]-year-old student in the Member’s class. In the 2018-2019 academic year, Student 2 was a [XXX]-year-old student in the Member’s class.
On or about May 27, 2019, in the Member’s Grade [XXX] class, Student 1 and Student 2 were arguing. The Member separated the students. She pulled Student 1’s desk and chair while the student was seated. Student 1 fell on the floor.
After the fall, the Member said to Student 1, “Get up; that’s what happens when you don’t sit down properly,” or words to that effect. The incident had an adverse effect on Student 1.
At recess, the Member met with Student 2 to discuss the incident. Student 2 was crying. The Member told Student 2 to stop crying and said brusquely, “it’s all over,” or words to that effect. The Member told Student 2 not to discuss the incident with another teacher. The incident had an adverse effect on Student 2.
In the 2018-2019 academic year, the Member failed to create a healthy and positive learning environment for the students when:
a) she was brusque and impatient with the students;
b) she shouted and raised her voice harshly with the students;
c) she appeared upset or angry, which was anxiety-provoking for some students.
The Member’s actions as described in paragraph 7 had an adverse effect on the students.
On June 19, 2019, the Member received a disciplinary letter from the Board, levying a three-day suspension without pay. A copy of the letter from the Director of Human Resources to the Member, dated June 19, 2019, is attached as Appendix “B”.
On November 30, 2021, the Member retired from the Board. She entered into an undertaking with the College to retire from the College and stop teaching.
Previous Disciplinary Measure
- On June 24, 2021, the Discipline Committee found the Member guilty of professional misconduct in relation to incidents that had taken place in the 2016-2017 academic year, when the Member was teaching at another school in the Board. The Member used physical force against a student and made threatening and vulgar comments in front of the students. She shouted at students. A copy of the Discipline Committee’s decision dated June 24, 2021 is attached as Appendix “C”.
PLEA OF NO CONTEST
By this document, the Member admits, for the purposes of this proceeding only, the truth of the facts referred to above (the "Uncontested Facts").
The Member hereby acknowledges that the Uncontested Facts constitute conduct which is professional misconduct and pleads no contest to the allegations of professional misconduct against her concerning breaches of Ontario Regulation 437/97, subsections 1(7), 1(7.1), 1(7.2), 1(14), 1(15), 1(18) and 1(19).
By this document the Member states that:
a) she understands fully the nature of the allegations of professional misconduct against her;
b) she understands that by signing this document, she consents to the Uncontested Facts being presented to the Discipline Committee, and agrees that the Committee can accept the facts as accurate for the purposes of this proceeding;
c) she is pleading no contest to the findings by the College that the Uncontested Facts and allegations constitute professional misconduct as described in this document, and agrees that the Discipline Committee may make this finding without a hearing;
d) she understands that by pleading no contest to the allegations, she is waiving the right to require the College to prove the case against her and the right to have a hearing;
e) she understands that the Discipline Committee’s decision and reasons shall be published on the College’s website, and that a summary of the Discipline Committee’s decision and reasons, including her name, shall be published in the College’s official publication;
f) she understands that any agreement between the College and herself with respect to the penalty does not bind the Discipline Committee;
g) she understands that she is executing this Agreement voluntarily, unequivocally and with the advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee under protection of the Evidence Act, R.S.O. 1990, chapter E.23, for the purpose of this proceeding under the Act, and for no other purpose. The Member’s plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the aforementioned Uncontested Facts and plea of no contest, the College and the Member submit that the Committee find the Member guilty of professional misconduct.
D. DECISION
Having considered the Statement of Uncontested Facts and Plea of No Contest and the submissions of the parties, the Panel rendered an oral decision on August 31, 2022, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7), 1(7.1), 1(7.2), 1(14), 1(15), 1(18) and 1(19).
E. REASONS FOR DECISION
The Member did not contest the facts and exhibits referred to in paragraphs 1 to 11 of the Statement of Uncontested Facts and Plea of No Contest. She acknowledged and the Panel accepts that the Uncontested Facts constitute professional misconduct under the headings of misconduct set out above. The Uncontested Facts demonstrate that the Member was impatient and brusque with students.
The Member abused students verbally, contrary to Ontario Regulation 437/97, subsection 1(7). The Uncontested Facts demonstrate that she raised her voice to students and was brusque and impatient or appeared angry in her dealings with students. Teachers must avoid shouting at or speaking harshly to students. The Member’s manner of expression constitutes verbal abuse.
The Member abused Student 1 physically, contrary to Ontario Regulation 437/97, subsection 1(7.1). According to the Uncontested Facts, she pulled Student 1’s desk and chair, making her fall on the floor. The Member ought to or should have known what would happen if she pulled a student’s desk and especially their chair. Deliberately pulling a student’s chair, making her fall, clearly constitutes physical abuse. The Member should have used gentler, less aggressive classroom management techniques.
The Member also abused students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2). The Uncontested Facts show that the Member’s actions had an "adverse effect" on Student 1, Student 2 and other students with whom she became angry or raised her voice. Other students allegedly experienced anxiety. Furthermore, it is not disputed that Student 2 was crying after the chair incident. Since this statement is included in the Uncontested Facts which the Member acknowledges as accurate, the Panel can only find that the students involved suffered psychologically or emotionally.
The Uncontested Facts show that the Member failed to comply with the Act or the regulations or the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14). Specifically, she failed to uphold the ethical standards for the teaching profession, as set out in section 26.022 of the College Bylaws. In their professional practice, members are expected to show the compassion and insight needed to develop students’ potential, and to express their commitment to students’ well-being and learning through such factors as positive influence and empathy in practice (the ethical standard of Care). They are also expected to honour students’ emotional wellness and cognitive development (the ethical standard of Respect); to embody openness and base their professional relationships, including their relationships with students and colleagues, on trust (the ethical standard of Trust); and to embody moral action (the ethical standard of Integrity).
The Panel therefore finds that the Member failed in her ethical obligations by causing a student to fall, and shouting at or being brusque or impatient with students. Such behaviour is indicative of both failure to uphold the ethical standards of Care, Respect and Integrity, and insensitivity when Student 2 started to cry and the Member told her curtly to stop instead of considering the student’s feelings.
The Member failed to comply with subsection 264(1) of the Education Act, contrary to Ontario Regulation 437/97, subsection 1(15). Clause c) of this provision requires teachers to model positive and moral behaviour, the opposite of the Member’s conduct when she raised her voice or expressed her displeasure inappropriately or excessively.
The Member committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18). Through her conduct, she fell short of her professional duties when she behaved in a manner that was hurtful and unsettling for her students and when her actions made a student fall, which could have injured the student. It is the Member’s duty to ensure her students’ physical and psychological well-being and she clearly failed in this duty. Furthermore, the Member’s conduct was dishonourable when she told Student 2 not to discuss the chair incident with another teacher, thereby encouraging a student to conceal facts and deceive other people. She basically encouraged a student to lie.
Lastly, the Member’s conduct as described above is conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19), in that it undermined the reputation of the teaching profession.
F. UNDERTAKING AND acknowledgement
On May 19, 2022, the Member signed an Undertaking and Acknowledgement (Exhibit 3) in which she undertook to abide by the following terms, conditions or limitations:
By this document, I am resigning as a member of the College with immediate effect.
I undertake never to seek reinstatement of my Certificate of Qualification and Registration.
I undertake never again to hold any position that requires a Certificate of Qualification or Registration from the Ontario College of Teachers.
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 will be free to initiate proceedings for non-compliance with the Undertaking and Acknowledgement.
I acknowledge that my status on the Register of the College will read “Cancelled – Resigned” and that the following notation will appear on the Register: “On August 31, 2022, the Member resigned as a member of the Ontario College of Teachers while discipline proceedings were underway. The Member undertook never to seek reinstatement of her Certificate of Qualification and Registration and never again to hold any position that requires a Certificate of Qualification or Registration from the Ontario College of Teachers.”
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 entering into the Undertaking and Acknowledgement, and am signing this document voluntarily, unequivocally and with the opportunity to obtain advice from legal counsel.
G. PENALTY DEcision
The parties agreed to a Joint Submission on Penalty (Exhibit 4), which was presented to the Panel. In an oral decision rendered on August 31, 2022, the Panel accepted the Joint Submission on Penalty and made the following order:
- The Member is directed to appear before the Discipline Committee immediately following the hearing to receive a reprimand which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, or electronically, and the fact of the reprimand is to be recorded on the Register.
H. REASONS FOR PENALTY dEcision
In view of the Undertaking and Acknowledgement signed by the Member on May 19, 2022, the Panel accepts the penalty jointly proposed by the parties. The Panel recognizes that, once it ensures that it has jurisdiction to make the order requested, the law confines the Panel’s role to determining only whether the proposed penalty is so unreasonable that accepting it would bring the administration of the discipline process into disrepute or be otherwise contrary to the public interest3.
The Panel finds that the penalty proposed in the Joint Submission on Penalty is neither too harsh nor too lenient such that it would bring the administration of the discipline process into disrepute, based on the following prior decisions of the Discipline Committee presented by College Counsel: Ontario College of Teachers v. Carle, 2020 ONOCT 135, Ontario College of Teachers v. Allen, 2021 ONOCT 74 and Ontario College of Teachers v. Lyons, 2021 ONOCT 83.
The Panel considered the Member’s circumstances in comparison to the cases provided. In those cases, penalties included not only a reprimand, but also a suspension ranging from three to five months as well as a requirement to take courses. Since the Member entered into a formal undertaking to resign from the College and never to seek reinstatement of her Certificate of Qualification and Registration, a suspension or a requirement to take courses would be merely academic in this case. That does not mean that the Member’s conduct should not be condemned.
The Member’s aggressive behaviour which occurred on a number of occasions and targeted more than one student is certainly an aggravating factor. The mitigating factor is that the Member acknowledged her professional misconduct, saving the time and expense of a contested hearing and sparing young students the need to testify. After weighing these factors, the Panel accepts that the penalty proposed by the parties is unlikely to bring the administration of the discipline process into disrepute.
The Panel finds that the Member warrants a reprimand for her inappropriate conduct with students on more than one occasion. Members of the teaching profession are expected to set an example for their students, and even serve as role models for social behaviour or behaviour towards others. The reprimand will allow the Panel to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register is important, as it will serve as a general deterrent to other members of the profession.
The Panel is satisfied that the penalty, together with the Undertaking and Acknowledgement signed by the Member on May 19, 2022, is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: September 8, 2022
Marlène Marwah Chair, Discipline Panel
Élaine Legault Member, Discipline Panel
Footnotes
- On January 20, 2022, the College by-laws were amended. Section 32 of the by-laws was renumbered to section 26.
- Formerly section 32.02
- See R. v. Anthony-Cook, 2016 SCC 43, [2016] 2 S.C.R. 204 and Bradley v. Ontario College of Teachers, 2021 ONSC 2303.