Ontario College of Teachers v. Johnson Lee, 2023 ONOCT 19

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Johnson Lee 2023 ONOCT 19

Date: 2023-03-30

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

Sherry Lee Johnson Lee, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

SHERRY LEE JOHNSON LEE (REGISTRATION #418106)

PANEL: Adam Dharsee, OCT, Chair Andrew Glenny Kelly Marvin, OCT

HEARD: March 30, 2023

Danielle Miller, for the Ontario College of Teachers

No one appearing for Sherry Lee Johnson Lee

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 March 30, 2023, 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 Sherry Lee Johnson Lee (the “Member”) set out in a Notice of Hearing dated November 1, 2022 (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 and did not have 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 November 1, 2022, given the Resignation, Undertaking and Acknowledgment of Sherry Lee Johnson Lee (the “Resignation, Undertaking and Acknowledgment”) dated February 20, 2023, 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 that, following my resignation, I will not teach in any public or private school in Ontario or work in any position which 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, should I obtain a Certificate of Qualification and Registration, the Ontario College of Teachers will be at liberty to re-institute these proceedings.

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

“On February 20, 2023, the Member resigned her membership with the Ontario College of Teachers and has undertaken never to teach again nor to seek reinstatement of her Certificate of Qualification and Registration. The Member resigned her 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 having had the opportunity to obtain the advice of legal counsel.

C. DECISION

5On March 30, 2023, 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 November 1, 2022, in light of the Resignation, Undertaking and Acknowledgment of the Member dated February 20, 2023.

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 they sought to withdraw the allegations of professional misconduct in this case primarily because 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 therefore not be exposed to the Member, which will help ensure the protection of the public.

7The Panel accepts these submissions. Furthermore, the publication of the Panel’s Decision and Reasons on Motion on the College’s website will ensure the transparency of the disciplinary process. Overall, the Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate given the Member’s Resignation, Undertaking and Acknowledgment, which serves to protect the public interest.