Ontario College of Teachers v Wise, 2023 ONOCT 36

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Wise 2023 ONOCT 36

Date: 2023-05-30

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

Darren Garfield Wise, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DARREN GARFIELD WISE (REGISTRATION #475831)

PANEL: Linda Staudt, OCT, Chair Sarah Choudhury Victoria Romero

HEARD: May 30, 2023

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

No one appearing for Darren Garfield Wise

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.

By order of Justice of the Peace C. Woron and Justice A. D. Hilliard of the Ontario 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 May 30, 2023, in accordance with Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Darren Garfield Wise (the “Member”) did not attend the hearing and did not have legal counsel. The Panel received evidence that the Member was aware of the time and date of the hearing, but chose not to attend (see Exhibit 3).

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 is also required to uphold the publication ban that was ordered pursuant to section 486.4 of the Criminal Code in the Member’s prior criminal proceedings before the Ontario Court of Justice (see Exhibit 2 at Appendix F, Appendix G). 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 the parties, the Panel rendered an oral decision on May 30, 2023, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7), 1(7.2), 1(7.3), 1(16), 1(17), 1(18) and 1(19). The Member also engaged in sexual abuse of a student defined in section 1 of the Act and engaged in a prescribed sexual act as defined in section 1 of the Act and subsection 1(3) of Ontario Regulation 615/20.

C. PENALTY Decision

7On May 30, 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 shall be recorded on the Register of the Ontario College of Teachers;

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

3. The Member is required to reimburse the Ontario College of Teachers, pursuant to s. 30(4)5 of the Act, for any funding provided to date for a person or persons under the Therapy and Counselling Program established under s. 58.1 of the Act (the “Program”), and for any future funding provided under the Program.

[8]

8A written decision with reasons will follow.