DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Brian Joseph Boyle, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
BRIAN JOSEPH BOYLE (REGISTRATION #213724)
PANEL: Kirby Chown, OCT, Chair Lois Figg Alain Martel, OCT
HEARD: September 19, 2023
Zirka Jakibchuk, for the Ontario College of Teachers
No one appearing for Brian Joseph Boyle
Julie Maciura, 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.
By order of Justice J. Fiorucci 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 September 19, 2023, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Brian Joseph Boyle (the “Member”) did not attend the hearing and did not have 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.
4The Panel also received a certified copy of the court information from the Member’s criminal proceeding before Justice J. Fiorucci dated December 6, 2021 (Exhibit 2 at Appendix B). In these proceedings before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada. The Panel is required to uphold this publication ban. 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
5Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on September 19, 2023, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7) (pre-2008), 1(7) (post-2008), 1(7.1), 1(7.2), 1(7.3), 1(16), 1(17), 1(18), and 1(19). The Member also engaged in sexual abuse of students of a nature defined in section 1 of the Act.
C. PENALTY DECISION
6On September 19, 2023, the Panel accepted the parties’ Joint Submission on Penalty and made the following order as to penalty:
The Member is directed to receive a written reprimand, 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.
7A written decision with reasons will follow.
Date: September 19, 2023
Kirby Chown, EAO Présidente, sous-comité de discipline
Lois Figg Member, Discipline Panel
Alain Martel, OCT Member, Discipline Panel