DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION, 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
Caroline Marie-Eve Fanny Céline Gravel, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
CAROLINE MARIE-EVE FANNY CÉLINE GRAVEL (REGISTRATION #535775)
PANEL: Yasser Leheta, OCT, Chair Sarah Choudhury Pascale Evans, OCT
HEARD: May 29, 2023
Émilie Bruneau, for the Ontario College of Teachers Lise Leduc, for Caroline Marie-Eve Fanny Céline Gravel Renée Kopp, 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.
1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on May 29, 2023, in accordance with Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Caroline Marie-Eve Fanny Céline Gravel (the “Member”) attended the hearing and had legal representation. The 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
3The 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. THE ALLEGATIONS
4The allegations against the Member in the Notice of Hearing dated May 9, 2022 (Exhibit 1) are as follows:
IT IS ALLEGED that Caroline Marie-Eve Fanny Céline Gravel is guilty of professional misconduct as defined in the Act in that:
a) she abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7);
b) she abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1);
c) she abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2);
d) she failed to comply with the Act or the regulations or the by-laws, specifically section 32 of the by-laws, contrary to Ontario Regulation 437/97, subsection 1(14)1;
e) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15);
f) she committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18);
g) she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
C. STATEMENT OF UNCONTESTED FACTS
5College Counsel presented the Panel with the parties’ Statement of Uncontested Facts and Plea of No Contest (Exhibit 2), which provides the following:
Caroline Marie-Eve Fanny Céline Gravel is a member of the College. Attached hereto and marked as Appendix “A” is a copy of the Ontario College of Teachers Registered Member Information with respect to the Member.
At all material times, the Member was employed by the Conseil scolaire de district catholique de l’Est ontarien (the “Board”) as a teacher. On January 31, 2017, the Member was working as an occasional teacher at École [XXX](“École [XXX]”) in [XXX], Ontario. During the 2018-2019 and 2019-2020 academic years, the Member was teaching at École [XXX](“École [XXX]”) in [XXX], Ontario.
Incident on January 31, 2017
On the morning of January 31, 2017, the Member was working as an occasional teacher in a Grade [XXX] class at École [XXX]. Student 1 was a student in the class. The Member told Student 1 to sit in a chair in front of the blackboard at the front of the classroom because she felt that he was not doing his work. The Member gripped Student 1’s wrist very tightly and said something to the effect of “I’m going to push you off your damn chair.” The Member’s words and actions adversely affected Student 1, who was frightened.
Following an investigation by the Board, the Member received a disciplinary letter. Attached hereto and marked as Appendix “B” is a copy of the Board’s letter to the Member, dated March 24, 2017.
Incidents between September and December 2018
During the 2018-2019 academic year, the Member was teaching [XXX] at École [XXX]. Student 2 was a student in the Member’s class. On November 28, 2018, Student 2 told the Member that a student had pushed her. The Member told Student 2 to describe what had happened. The Member tried to reproduce what Student 2 had reported by pushing Student 2, who fell. The Member’s actions adversely affected Student 2, who was crying. The Member told Student 2’s mother about the incident and apologized.
In early December 2018, a student in the Member’s class reported that Student 3, a [XXX] student, had grabbed her by the collar. When the Member questioned Student 3 about the situation, Student 3 did not answer. The Member grabbed Student 3 by the collar to show her that this was not a nice thing to do. The Member’s actions adversely affected Student 3, who was crying.
In early December 2018, the Member took Student 4, a [XXX] student, by the forearm, and steered her in another direction.
On December 6, 2018, the Member told Student 5, a [XXX] student, to get dressed on the mat. The Member gripped Student 5 by the shoulders and said, “I told you to go over there, you’re getting on my nerves,” or words to that effect.
On December 7, 2018, Teacher 1 was conducting a health and safety inspection of every classroom. It had been planned for two weeks. The staff members were aware that the inspection was to take place on December 7, 2018. Teacher 1 asked the Member about the scissors that were not stored safely. The Member thrust the scissors at Teacher 1 and said, “I don’t give a fuck what you do with the scissors,” or words to that effect. The [XXX] students were in the classroom during the incident.
Between September and December 2018, in her [XXX] class, the Member had a tendency to shout, especially during the period when the students were getting dressed. She told students to “shut up,” or words to that effect, several times.
Following the incidents in November and December 2018 and an investigation by the Board, the Member received a disciplinary letter and a three-day suspension. Attached hereto and marked Appendix “C” is a copy of the Board’s letter to the Member, dated March 5, 2019.
Incidents in September and October 2019
During the 2019-2020 academic year, the Member was still teaching at École [XXX]. She was teaching [XXX] and [XXX] to students in Grades [XXX]to [XXX]. On September 6, 2019, the Member gripped Student 6, a Grade [XXX] student, by the shoulders and sat him down hard on the mat during the [XXX] class.
On September 13, 2019, the Member finished her [XXX] class about 15 minutes early and left the students in Grades [XXX] to [XXX] unsupervised.
On September 18, 2019, the Member took Student 7, a Grade [XXX] student, by the arms and placed them on her head to make her lie flat on her desk. She shouted at the student to lie down. The Member’s words and actions adversely affected Student 7. After the incident, she was crying and wanted to go home because the Member had frightened her.
On September 23, 2019, the Member left her Grade [XXX] students in the classroom unsupervised while she was at the photocopier across from the classroom.
On October 1, 2019, the Member said to a student in the Grade [XXX] class, “I don’t give a damn, go sit down,” or words to that effect.
On October 16, 2019, the Member insinuated that two Grade [XXX] students (Students 8 and 9) were a couple. The students were uncomfortable. The Member told Student 8 to “stop flirting” with Student 9. She also said to them, “You lovebirds, come and get your books.”
Following the incidents in September and October 2019, and an investigation by the Board, the Member received a disciplinary letter and a five-day suspension. Attached hereto and marked as Appendix “D” is a copy of the Board’s letter to the Member, dated October 21, 2019.
On June 24, 2022, the Member resigned from the Board.
PLEA OF NO CONTEST
By this document, the Member agrees that the Discipline Committee can accept as correct the facts referred to in the paragraphs above (the “Uncontested Facts”).
The Member agrees that the Discipline Committee can accept that the Uncontested Facts described above constitute professional misconduct and pleads no contest to the findings by the College that these facts constitute breaches of Ontario Regulation 437/97, subsections 1(7), 1(7.1), 1(7.2), 1(14), 1(15), 1(18) and 1(19).
By this document the Member states that:
a) she understands fully the nature of the allegations of professional misconduct against her;
b) she understands that by signing this document, she consents to the Uncontested Facts being presented to the Discipline Committee, and agrees that the Committee can accept the facts as accurate for the purposes of this proceeding;
c) she pleads no contest to the findings by the College that the Uncontested Facts and allegations constitute professional misconduct as described in this document, and agrees that the Discipline Committee may make this finding without a hearing;
d) she understands that by pleading no contest to the allegations, she is waiving the right to require the College to prove the case against her and the right to have a hearing;
e) she understands that by pleading no contest to the allegations, she is waiving the right to present evidence relating to the Committee’s findings;
f) she does not intend to present evidence as to the order to be made by the Committee based on its findings and conclusions in accordance with this Statement of Uncontested Facts;
g) she understands that the Discipline Committee’s decision and reasons shall be published on the College’s website, and that a summary of the Discipline Committee’s decision and reasons, including her name, shall be published in the College’s official publication;
h) she understands that any agreement between the College and herself with respect to the penalty does not bind the Discipline Committee; and
(a) she understands and acknowledges that he is executing this agreement voluntarily, unequivocally, and having obtained or having had the opportunity to obtain the advice of legal counsel.
The Member provides this plea of no contest pursuant to Rule 3.02 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee under protection of the Evidence Act, R.S.O. 1990, chapter E.23, for the purpose of this proceeding under the Act, and for no other purpose. The Member’s plea of no contest does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
In light of the Uncontested Facts and plea of no contest, the College and the Member submit that the Discipline Committee finds the Member guilty of professional misconduct.
D. DECISION
6Having considered the Statement of Uncontested Facts and Plea of No Contest and the submissions of the parties, the Panel rendered an oral decision on May 29, 2023, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7), 1(7.1), 1(7.2), 1(14), 1(15), 1(18) and 1(19).
E. REASONS FOR DECISION
7The Member did not contest the facts and exhibits referred to in paragraphs 1 to 19 of the Statement of Uncontested Facts and Plea of No Contest. She acknowledged and the Panel accepts that the Uncontested Facts constitute professional misconduct under the headings of misconduct set out above. The Uncontested Facts demonstrate that on several occasions the Member had inappropriate physical contact with students, including the use of unnecessary physical force, and behaved aggressively with students, including shouting at them.
8The Member abused a student or students verbally, contrary to Ontario Regulation 437/97, subsection 1(7), by making inappropriate and aggressive remarks to the students. For example, she threatened Student 1 by gripping his wrist and saying, “I’m going to push you off your damn chair,” or words to that effect. She also spoke aggressively to Student 5, saying “I told you to go over there, you’re getting on my nerves,” or words to that effect. On several occasions, the Member shouted at students in her [XXX] class, especially during the period when they were getting dressed. She also often told her students to “shut up.” Teachers must always communicate calmly and appropriately with students. The Panel finds that the Member’s rude and aggressive remarks constitute verbal abuse.
9The Member abused a student or students physically, contrary to Ontario Regulation 437/97, subsection 1(7.1), by having inappropriate physical contact with students and using unnecessary physical force with them. For example, the Member gripped Student 1’s wrist very tightly. She also pushed Student 2 over while trying to reproduce an incident described to her by Student 2. On another occasion, the Member grabbed Student 3, a [XXX] student, by the collar to show her that this was not a nice thing to do. On other occasions, the Member gripped Student 6 by the shoulders and placed Student 7’s arms over her head to make her lie flat on her desk. Teachers must never use unnecessary physical force on students. They are expected to create a safe environment for learning and use appropriate methods of discipline, which the Member failed to do. The aggressive actions and use of unnecessary physical force constitute physical abuse.
10The Member abused a student or students psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2). The Uncontested Facts demonstrate that the Member’s aggressive behaviour, inappropriate remarks and unnecessary physical force with students adversely affected them. On several occasions, the Member’s use of unnecessary physical force with students frightened them or made them cry. For example, Student 1 was frightened when the Member gripped him tightly by the wrist, Student 2 cried after the Member pushed her, Student 3 cried when the Member grabbed her by the collar and Student 7 cried and wanted to go home because the Member frightened her. The Member also made two Grade [XXX] students (Students 8 and 9) uncomfortable when she insinuated in front of the class that they were a couple. Given the power imbalance that exists between teachers and students, a teacher such as the Member who repeatedly behaves aggressively and inappropriately and creates a toxic learning environment in which students are crying and frightened is abusing them psychologically or emotionally.
11The Member failed to comply with section 32 of the by-laws, which sets out the Standards of Practice and Ethical Standards for the Teaching Profession, contrary to Ontario Regulation 437/97, subsection 1(14). Through her aggressiveness towards young students, the Member created a volatile and fearful atmosphere that is inconsistent with “Leadership in Learning Communities,” the Standard of Practice which states that members are “to promote and participate in the creation of collaborative, safe and supportive learning communities.” The Member also failed to uphold the Ethical Standards of the profession, including Care and Respect, namely by using unnecessary physical force against students and speaking to them using aggressive and inappropriate language.
12The Member failed to comply with subsection 264(1) of the Education Act, which sets out the duties of a teacher, contrary to Ontario Regulation 437/97, subsection 1(15). The usual interpretation of clause 264(1)(c) is that teachers are expected to serve as role models. The Member’s verbal and physical aggressiveness with her students made her a poor role model and thus she failed in her duties as a teacher. Clause 264(1)(d) requires teachers “to assist in developing co-operation and co-ordination of effort among the members of the staff of the school.” And yet, when Teacher 1 was conducting an inspection in the Member’s classroom and asked her why some scissors were not stored safely, the Member thrust the pair of scissors at Teacher 1 and said, in front of her class, “I don’t give a fuck what you do with the scissors,” or words to that effect. Such behaviour conflicts with the duties of a teacher and is uncooperative and unprofessional.
13The Member committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18). The Member’s conduct overall upholds this finding of professional misconduct. Members are expected to use appropriate methods to discipline students and not use unnecessary physical force against them. The Member’s repeated aggressive behaviour demonstrates seriously morally and professionally deficient conduct on her part and can therefore be described as disgraceful, dishonourable or unprofessional.
14The Member engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19). The parents and members of the public expect teachers to ensure children’s safety. Through her aggressive and abusive conduct towards the students, the Member damaged the reputation of the teaching profession and undermined parental, student and public trust in teachers.
F. PENALTY Decision
15The parties agreed to a Joint Submission on Penalty (Exhibit 3), which was presented to the Panel. In an oral decision rendered on May 29, 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 on the present matter to receive a reprimand which will be delivered in person at the office of the Ontario College of Teachers, 101 Bloor Street West, Toronto, Ontario, or electronically, 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 five months, starting on 15th calendar day following the decision and order of the Discipline Committee in this matter.
The Registrar is directed to impose the following terms, conditions or limitations on the Member’s Certificate of Qualification and Registration:
a) Within 120 days of the date of this Order, the Member shall, at her own expense, register in and successfully complete a course pre-approved by the Registrar on classroom management and anger management, subject to the following conditions:
(i) The Member will provide to a course practitioner approved by the Registrar a copy of the Statement of Uncontested Facts and Plea of No Contest, and the Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee.
(ii) Upon review of the documents noted at subparagraph (i) above, the course practitioner pre-approved by the Registrar will 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 course goals.
b) Within 30 days of her completion of the course outlined in paragraph (a) above, the Member shall provide to the Registrar a written 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.
G. REASONS FOR PENALTY dEcision
16The 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 interest.2The Panel finds that the penalty proposed in the Joint Submission on Penalty is neither too harsh nor too lenient such that it would 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. Doyon, 2022 ONOCT 75, Ontario College of Teachers v. Buyamba, 2021 ONOCT 7, Ontario College of Teachers v. Peltier, 2021 ONOCT 122 and Ontario College of Teachers v. MacAdam, 2018 ONOCT 33.
17The Panel considered the Member’s circumstances in comparison to the cases provided. The Member’s case includes the following aggravating factors. Firstly, the Member’s misconduct was repetitive. Secondly, the Member’s misconduct was committed over a lengthy period and affected many students. Thirdly, the Member caused emotional harm to a number of young students. Fourthly, the Member had received three warnings from her Board and two suspensions, but her behaviour did not improve. As for mitigating factors, the Member acknowledged her professional misconduct, which saved the time and expense of a contested hearing. Further, she has not been the subject of discipline proceedings by the College in the past. After weighing these factors, the Panel accepts that the penalty proposed by the parties is unlikely to bring the administration of the discipline process into disrepute.
18The Panel finds that the Member’s conduct, namely engaging in inappropriate conduct on numerous occasions in spite of the warnings from her Board, warrants a reprimand. Members of the teaching profession are expected to provide students with a safe and supportive school environment, which the Member failed to do by repeatedly behaving aggressively towards students.The reprimand will allow the Panel to directly address its concerns with the Member and will serve as a specific deterrent. Recording the fact of the reprimand on the Register is important, as it will serve as a general deterrent to other members of the profession.
19Given the seriousness and repeated nature of the Member’s conduct, the Panel finds that a five-month suspension is reasonable and appropriate. Although the cases presented are factually distinct in some ways from the present matter, the underlying nature of the professional misconduct is nonetheless similar and confirms that a suspension of the certificate is warranted. The suspension will serve as a specific deterrent to the Member and a general deterrent to other members of the profession, making clear that this kind of professional misconduct is unacceptable. In accordance with the parties’ Joint Submission on Penalty, the Member’s Certificate of Qualification and Registration will be suspended as of June 13, 2023, that is, 15 days after the Panel’s decision and order.
20The Panel finds that the course on classroom management and anger management will assist with the Member’s rehabilitation. It will remind her of her obligations as a teacher and help her to make better decisions in her interactions with students. The course will also help her to acquire appropriate methods of classroom management that don’t involve resorting to aggressiveness.
21The Panel is satisfied that the penalty is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
June 1, 2023
Yasser Leheta, OCT Chair, Discipline Panel
Sarah Choudhury Member, Discipline Panel
Pascale Evans, OCT Member, Discipline Panel
1 Effective January 20, 2022, section 32 of the by-laws was renumbered to section 26.
2 See R. v. Anthony-Cook, 2016 SCC 43, [2016] 2 S.C.R. 204, and Bradley v. Ontario College of Teachers, 2021 ONSC 2303.