Ontario College of Teachers v. Mousseau, 2023 ONOCT 9

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Mousseau 2023 ONOCT 09

Date: 2023-02-13

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 David Thomas Mousseau, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DAVID THOMAS MOUSSEAU (REGISTRATION #196297)

PANEL: Adam Dharsee, OCT, Chair Kirby Chown, OCT Rachelle Coleman

HEARD: February 13, 2023

Ava Arbuck, for the Ontario College of Teachers No one appearing for David Thomas Mousseau Erica Richler, 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.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on February 13, 2023, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2David Thomas Mousseau (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.

4A publication ban was also ordered pursuant to subsection 32.1(4) of the Act at the request of College Counsel on behalf of Student 2, Student 3, Student 4, Student 5 and Student 6, who were allegedly sexually abused. The Panel notes that Student 1, who was also allegedly sexually abused, did not request for a publication ban under this subsection. Accordingly, no person shall publish the identities of, or any information that could disclose the identities of Student 2, Student 3, Student 4, Student 5 and Student 6.

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 February 13, 2023, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(7.2), 1(7.3), 1(14), 1(15), 1(18) and 1(19). The Member also engaged in sexual abuse of students as defined in section 1 of the Act.

C. PENALTY Decision

6On February 13, 2023, the Panel accepted the parties’ Joint Submission on Penalty and made the following order as to penalty:

1. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

2. The Member is directed to receive a written reprimand and the fact of the reprimand shall be recorded on the Register of the Ontario College of Teachers (the “Register”).

7A written decision with reasons will follow.