DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
PENALTY DECISION AND REASONS FOR DECISION
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 Lee Allan Bujacz, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS – and – LEE ALLAN BUJACZ (REGISTRATION #526770)
PANEL: Stéphane Vallée, OCT, Chair Yasser Leheta, OCT Kimberley Westfall-Connor
HEARD: June 20, 2023
COUNSEL: Andrew Matheson and Noam Uri, for the Ontario College of Teachers Christopher Perri, for Lee Allan Bujacz Ravi Amarnath and Emily Owens, for the Ministry of the Attorney General of Ontario Julie Maciura, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsections 32.1(3) and 32.1(4) 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, or the person who was allegedly sexually abused or the subject of sexual misconduct, a prohibited act involving child pornography, or a prescribed sexual act.
1The penalty stage of this proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on June 20, 2023, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Lee Allan Bujacz (the “Member”) did not attend the hearing but had legal representation attend on his behalf.
3On August 30, 2021, the Member brought a motion challenging the constitutionality of sections 30.2(1), 30.2(2), 30.3, and 33(4.1) of the Ontario College of Teachers Act, 1996 (the “Act”). On September 13, 2021, the Panel found that the Member’s motion was premature and declined to hear the Member’s motion before a finding of sexual abuse, if any, was made.
4On February 10, 2023, the Panel found that the Member engaged in professional misconduct: Ontario College of Teachers v. Bujacz, 2023 ONOCT 12 (Decision on Finding and Reasons for Decision). In particular, the Panel found that the Member had consumed alcohol while on a field trip and that he made inappropriate comments in the presence of young students. Additionally, the Panel found that the Member exchanged inappropriate electronic messages with a young and vulnerable student that were of a sexual nature and amounted to sexual abuse. Based on this conduct, the Panel found that the Member contravened subsections 1(5), 1(7), 1(7.2), 1(7.3), 1(14), 1(15), 1(18) and 1(19) of Ontario Regulation 437/97. The Panel also found that the Member engaged in sexual abuse of a student as defined in section 1 of the Act.
5The Panel reconvened on June 20, 2023 to hear submissions with respect to penalty.
A. PUBLICATION ban
6The Panel reminded those present that it had previously ordered a publication ban pursuant to subsection 32.1(3) of Act, which makes such an order mandatory. Accordingly, no person shall publish the identities of, or any information that could disclose the identities of Student 2, who was under 18 years of age at the time of the hearing, or her mother, who testified in this proceeding and whose identity could reveal the identity of Student 2.
7Additionally, the Panel reiterated that it has previously also ordered a publication ban pursuant to subsection 32.1(4) of the Act at the request of College Counsel on behalf of Student 1, who was allegedly sexually abused or the subject of sexual misconduct. The publication ban also applies to Student 1’s mother, who also testified in this proceeding, so as to avoid identifying Student 1. Accordingly, no person shall publish the identities of, or any information that could disclose the identities of Student 1 or her mother.
B. PENALTY SUBMISSIONS OF the PARTIES
8The parties asked the Panel to make a penalty order, following which the hearing will reconvene to hear the Member’s motion challenging the constitutionality of sections 30.2(1), 30.2(2), 30.3, and 33(4.1) of the Act as well as costs submissions from the parties.
9College Counsel submitted that, given the Panel’s finding that the Member engaged in sexual abuse of a student, the mandatory penalty provisions in subsection 30.2(2) of the Act apply and the appropriate penalty is an oral reprimand and a revocation of the Member’s teaching certificate. Member’s Counsel did not contest these submissions but reserved the right to make additional submissions regarding penalty during the upcoming constitutional motion.
C. PENALTY Decision
10On June 20, 2023, the Panel accepted the parties’ submissions and made the following order as to penalty:
The Member is directed to receive an oral reprimand, which will be delivered by videoconference within 30 days of this order, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers; and
The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.
D. REASONS FOR PENALTY
11The Member’s professional misconduct consisted of or included the sexual abuse of a student, as described in subsection 30.2(2) of the Act. Given this finding, section 30.2(1) of the Act provides that the Panel must make an order: (1) requiring that the Member be reprimanded by the Panel; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Panel makes both of these orders and agrees with the parties that it has no discretion in this regard.
12The Panel recognizes that it may also make other orders in accordance with subsections 30(4) and (5) of the Act but finds it reasonable not to make any additional orders in light of the parties’ submissions.
13The Panel remains seized of this matter.
14The Panel will reconvene on October 12, 2023 and November 17, 2023 to hear the Member’s constitutional motion and the parties’ submissions regarding costs.
Date: June 20, 2023
Stéphane Vallée, OCT Chair, Discipline Panel
Yasser Leheta, OCT Member, Discipline Panel
Kimberley Westfall-Connor Member, Discipline Panel