DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION ON PENALTY, 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 Patrick Thersio, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS – and – PATRICK THERSIO (REGISTRATION #558721)
PANEL: Alain Martel, OCT, Chair Sarah Choudhury Stefano Fornazzari, OCT
HEARD: February 24, 2023
Lauren Weaver and Christine Lonsdale, representing the Ontario College of Teachers No one appeared for Patrick Thersio Renée Kopp, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsections 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.
1The penalty portion of this proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on February 24, 2023, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2On October 27, 2022, the Panel found that Patrick Thersio (the “Member”) had engaged in professional misconduct during the 2015-2016 school year. During the time in question, the Member was employed as a long-term occasional teacher at the École [XXX]. Among other things, the Panel found that the Member left three Grade [XXX] students unsupervised in the school hallway, left one student unsupervised in the classroom, and told a student to wait until he got home to change when the student told him he had soiled his underwear during a [XXX] class.
3In light of this behaviour, the Panel found that the Member had contravened subsections 1(7.2), 1(11), 1(14), 1(15), 1(18) and 1(19) of the Ontario Regulation 437/97. The College did not prove that the Member had breached subsection 1(5) of Ontario Regulation 437/97, as alleged in the Notice of Hearing dated September 25, 2019.
4The Panel reconvened on February 24, 2023, to hear submissions with respect to penalty. The Panel was informed at the outset of the hearing that the parties had reached an agreement with regard to penalty. The Member was not present at the hearing and was not represented by counsel, but he appeared immediately after the hearing to receive his oral reprimand.
A. PUBLICATION BAN
5The 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 PENALTY
6The parties submitted a Joint Submission on Penalty (Exhibit 6), which was presented to the Panel. In an oral decision rendered on February 24, 2023, 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 of this matter to receive a reprimand, which will be delivered in person at the offices of the Ontario College of Teachers, 101 Bloor Street W., Toronto, Ontario, or by videoconference, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers;
The Registrar is directed to suspend the Member’s Certificate of Qualification and Registration for a period of two months commencing on the 15th calendar day following the date of the oral decision of the Discipline Committee relating to this matter. If the Oral Decision and Order is rendered between May 1st and August 1st, the suspension will commence on September 1st;
The Registrar is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration:
a) Within 180 days of the date of this order, the Member shall enroll in and successfully complete, at his own expense, a course of instruction pre-approved by the Registrar on classroom management and effective supervision of students, subject to the following conditions:
(i) The Member will provide to the course provider approved by the Registrar a copy of the Agreed Statement of Facts and Guilty Plea and of the Joint Submission on Penalty, documents made exhibits at the hearing of this matter, as well as of the Decision and Reasons of the Discipline Committee;
(ii) Upon review of the documents noted at subparagraph (i) above, the course practitioner shall provide to the Registrar, for approval, a syllabus for the proposed course which specifically addresses the Discipline Committee’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course practitioner shall also specify the length of the course to be undertaken by the Member and the assignments to be completed by the Member.
b) Within 30 days of his completion of the course outlined in paragraph (a) above, the Member shall provide to the Registrar a report from the course practitioner:
(i) stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.
C. REASONS FOR PENALTY DECISION
7The 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 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 interest1. The Panel finds that the penalty proposed in the Joint Submission on Penalty is neither unduly harsh nor unduly lenient such as to 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. Tadontsop, 2020 ONOCT 190, Ontario College of Teachers v. Chéron, 2021 ONOCT 72, and Ontario College of Teachers v. Chauvin, 2020 ONOCT 208.
8The Panel considered the Member’s circumstances in comparison to the cases provided. One of the aggravating factors in the present matter is the nature of the Member’s conduct: he failed to ensure the safety and well-being of students, which is one of a teacher’s most crucial responsibilities. Another aggravating factor is the students’ young age, as elementary school students are particularly vulnerable and require close supervision at all times. As for mitigating factors, the Member has no prior disciplinary record before the Discipline Committee and has agreed to the penalties proposed. After weighing these factors, the Panel accepts that the penalty proposed by the parties would not bring the administration of the discipline process into disrepute.
9The Panel finds that the Member’s pattern of inappropriate conduct warrants a reprimand. His behaviour was unacceptable, particularly his failing to adequately supervise students. Teachers are responsible for ensuring the safety and well-being of students at all times, which the Member failed to do. Further, members of the teaching profession are expected to treat their students with respect and empathy. In this case, the Member showed a lack of both concern and compassion for the physical and emotional well-being of a student who had soiled his underwear. The reprimand will allow the Panel to address its concerns directly with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register will serve as a general deterrent to other members of the profession.
10Given the nature and severity of the Member’s misconduct, the Panel finds that a two-month suspension is reasonable and appropriate. While the cases presented are factually distinct from this case, the misconduct represented in those cases is of a similar underlying nature and the cases confirm that a suspension is justified. The suspension will serve as a specific deterrent to the Member and a general deterrent to other members of the profession, making clear that the kind of misconduct the Member exhibited is unacceptable. Pursuant to the parties’ joint submission, the Member’s Certificate of Qualification and Registration will be suspended effective March 11, 2023, 15 days after the Panel rendered its oral decision on the matter.
11The Panel finds that the course of instruction regarding classroom management and effective supervision will assist in the rehabilitation of the Member. The coursework will remind the Member of his obligations as a teacher and will help him to make better decisions in these types of situations.
12The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
March 8, 2023
Alain Martel, OCT Chair, Discipline Panel
Sarah Choudhury Member, Discipline Panel
Stefano Fornazzari, OCT Member, Discipline Panel
Footnotes
- See R. v. Anthony-Cook, 2016 SCC 43, [2016] 2 S.C.R. 204, and Bradley v. Ontario College of Teachers, 2021 ONSC 2303.