Ontario College of Teachers v. Levin, 2022 ONOCT 94

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Levin 2022 ONOCT 94

Date: 2022-10-24

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

Joseph Simon Levin, OCT a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JOSEPH SIMON LEVIN (REGISTRATION #508881)

PANEL: Erin Durant, Chair Andrew Glenny Brian Serafini, OCT

HEARD: October 19, 2022

Yufei (Fiona) Wang, for the Ontario College of Teachers

Ren Bucholz, for Joseph Simon Levin

Rebecca Durcan, 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 October 19, 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 Joseph Simon Levin (the “Member”) set out in a Notice of Hearing dated September 27, 2022 (Exhibit 1).

2In 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.

3The Member did not attend the proceeding but had legal representation.

A. PUBLICATION ban

4The 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. SUBMISSIONS OF COLLEGE COUNSEL

5College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing given that this matter relates to the Member’s personal life and no students were involved. According to College Counsel, there is no reasonable prospect of obtaining a finding of professional misconduct, should the matter proceed to a hearing. It was therefore not in the public interest to proceed with this matter in the circumstances.

C. SUBMISSIONS OF MEMBER’S COUNSEL

6Member’s Counsel agreed with College Counsel’s submissions.

D. DECISION

7On October 19, 2022, upon hearing the submissions of College Counsel and given the consent of the parties, the Panel granted the College’s motion and authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated September 27, 2022.

E. REASONS FOR DECISION

8The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. The Panel accepts the submissions of College Counsel that since this matter relates to the Member’s personal life and no students were involved, there is no reasonable prospect of obtaining a finding of professional misconduct, if the matter were to proceed to a hearing.

9The Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to expend the resources to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of professional misconduct.