Ontario College of Teachers v. Outinen, 2023 ONOCT 65

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Outinen 2023 ONOCT 65

Date: 2023-10-05

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

Brian Lee Outinen, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

BRIAN LEE OUTINEN (REGISTRATION #421160)

PANEL: Emile Ramlochan, Chair Anthony Jeethan, OCT Sandra Pizzuti, OCT

HEARD: October 4, 2023

Ava Arbuck, for the Ontario College of Teachers Leon Presner and Sophia Levy-Presner, for Brian Lee Outinen Rebecca Durcan, 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.

1On October 4, 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 Brian Lee Outinen (the “Member”) set out in an Amended Notice of Hearing dated November 28, 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, this proceeding was heard electronically.

2The Member did not attend the proceeding but had 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 (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.

4Additionally, a publication ban was ordered pursuant to subsection 32.1(4) of the Act at the request of Person A, who was allegedly sexually abused. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of Person A.

B. RESIGNATION, UNDERTAKING AND ACKNOWLEDGMENT

5Counsel for the College advised the Panel that the parties had agreed to the withdrawal of the allegations against the Member set out in the Amended Notice of Hearing dated November 28, 2022 in exchange for the Resignation, Undertaking and Acknowledgment of Brian Lee Outinen (the “Resignation, Undertaking and Acknowledgment”) dated September 28, 2023, in which the Member agreed to the following terms, conditions or limitations:

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:

6. “On September 28, 2023, the Member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again in a position requiring his Certificate of Qualification and Registration nor to seek reinstatement of his Certificate of Qualification and Registration.”

7. I acknowledge and understand that decisions of the Discipline Committee are available on the Ontario College of Teachers’ website.

8. 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 with the advice of legal representation.

C. DECISION

6On October 4, 2023, upon hearing the submissions of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Amended Notice of Hearing dated November 28, 2022, in light of the Resignation, Undertaking and Acknowledgement of the Member signed September 28, 2023.

D. REASONS FOR DECISION

7The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. College Counsel explained that they sought to withdraw the allegations of professional misconduct in this case for several reasons, including the vulnerability of the young witness and that a significant piece of evidence which was in the possession of a third party has been lost. Additionally, 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. Additionally, the College membership will avoid bearing the costs of a long and protracted hearing.

8The 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 Amended 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.