Ontario College of Teachers v Seaman, 2023 ONOCT 11

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Seaman 2023 ONOCT 11

Date: 2023-02-15

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

Kristopher Brian Seaman, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

KRISTOPHER BRIAN SEAMAN (REGISTRATION #432737)

PANEL: Damienne Lebrun-Reid, Chair Wanda Percival, OCT Terrence Singh, OCT

HEARD: February 15, 2023

Zirka Jakibchuk, for the Ontario College of Teachers No one appearing for Kristopher Brian Seaman Erica Richler, 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.

By order of Justice S.B. Durno of the Superior Court of Justice, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 486.4 of the Criminal Code.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on February 15, 2023, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Kristopher Brian Seaman (the “Member”) did not attend the hearing and did not have legal representation.

3The 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

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.

5The Panel also received a certified copy of the transcripts from the Member’s criminal proceeding (Exhibit 2 at Appendix D) and the Reasons for Sentence (Exhibit 2 at Appendix E) before Justice S.B. Durno, dated April 11, 2022. In these proceedings before the Superior Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada. The Panel is required to uphold this publication ban. Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.

B. DECISION ON FINDING

6Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on February 15, 2023, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7) [pre-May 2008 amendments to Ontario Regulation 437/97],¹ 1(7.2), 1(7.3), 1(16), 1(17), 1(18) and 1(19) and sexually abused a student as defined in section 1 of the Act.

C. PENALTY Decision

7On February 15, 2023, the Panel accepted the parties’ Joint Submission on Penalty and made the following order as to penalty:

1. The Member is directed to receive a written reprimand, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers; and

2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate and Qualification and Registration of the Member.

8A written decision with reasons will follow.

Footnotes

1. 1Paragraph (b) of the Notice of Hearing dated November 21, 2022, refers to provisions of Ontario Regulation 437/97 as previously enacted prior to its amendment to its current form on May 5, 2008. Subsection 1(7) of Ontario Regulation 437/97 previously included physical, sexual, verbal, psychological or emotional abuse, which has since been amended to address each type of abuse in separate subsections.