Discipline Committee of the Ontario College of Teachers
DECISION ON PENALTY 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 Marie-Gabrielle Balan, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
MARIE-GABRIELLE BALAN (REGISTRATION #482970)
PANEL: Marlène Marwah, Chair Élaine Legault Alain Martel, OCT
HEARD: February 16, 2023
Émilie Bruneau, for the Ontario College of Teachers No one appeared for Marie-Gabrielle Balan 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.
1The penalty portion of this proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on February 16, 2023, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2On November 9, 2022, the Panel found that the conduct of Marie-Gabrielle Balan (the “Member”) during the 2016-2017 school year constituted professional misconduct as alleged in the Notice of Hearing No. 4776 dated October 1, 2018. Among other things, the Panel found that the Member failed to look after one or more students with an Individual Education Plan (an “IEP”) or to make accommodations as outlined in the IEP. She also failed to adequately supervise students, made inappropriate remarks to students, and had unacceptable interactions with students and staff members. In addition, she was insubordinate in various ways. She failed to provide adequate instruction to students, including not assessing their work or monitoring their progress.
3In view of this behaviour, the Panel found that the Member had contravened subsections 1(5), 1(7), 1(7.2), 1(11), 1(14), 1(15), 1(18) and 1(19) of Ontario Regulation 437/97. The Decision and Reasons on Finding, dated November 9, 2022, is entitled Ontario College of Teachers vs Balan, 2022 ONOCT 117.
4The Panel reconvened on February 16, 2023, to hear submissions with respect to the penalty. The Member did not have legal representation and was not present at this stage of the hearing.
A. PUBLICATION ban
5The 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. PENALTY Decision
6On February 16, 2023, the Panel made the following order as to the 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.
The Registrar is directed to suspend the certificate of qualification and registration of the Member for a period of 8 months commencing on the date of the Order of the Discipline Committee.
The Registrar is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration:
a) Prior to commencing any position requiring a Certificate of Qualification and Registration, the Member shall enrol in and successfully complete, at her own expense, a three-pronged course of instruction pre-approved by the Registrar on classroom management, appropriate communications with students in the classroom and issues regarding boundary violation during interactions with colleagues and supervisors, subject to the following conditions:
(i) The Member will provide to a course provider approved by the Registrar a copy of both the Decision and Reasons on Finding and the Decision on Penalty and Reasons for Decision of the Discipline Committee;
(ii) Upon review of the documents noted at paragraph (i) above, the course provider 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 shall also specify the length of the course to be undertaken by the Member, as well as its objectives;
b) Within 30 days of her completion of the course outlined above, the Member shall provide to the Registrar a written report from the course provider stating that she has successfully completed the course and reporting on her progress with respect to addressing the outlined goals of the course.
7A written decision with reasons will follow.
February 16, 2023
Marlène Marwah Chair, Discipline Panel
Élaine Legault Member, Discipline Panel
Alain Martel, OCT Member, Discipline Panel