Ontario College of Teachers v. Quinn, 2024 ONOCT 10

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Quinn 2024 ONOCT 10

Date: 2024-03-07

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

Kevan Samuel Quinn, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

KEVAN SAMUEL QUINN (REGISTRATION #657462)

PANEL: Lisa Tucker, Chair Yasser Leheta, OCT Emile Ramlochan

HEARD: March 7, 2024

Lisa Feinberg, for the Ontario College of Teachers Phillip Abbink, for Kevan Samuel Quinn Erica Richler, 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.

By order of Justice M.E. Misener and by order of Justice V. Giourgas of the Ontario Court of Justice, there is also a publication ban on any information that could identify the victim or 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 March 7, 2024, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Kevan Samuel Quinn (the “Member”) attended the hearing and had 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 the cover page of the transcript from the Proceedings at Trial and the first page of the Reasons for Judgment from the Member’s criminal proceeding, which notes a publication ban in accordance with orders made by Justice M.E. Misener, dated January 16, 2020, and Justice V. Giourgas, dated November 16, 2020 (Exhibit 2). 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 Statement of Uncontested Facts and Plea of No Contest, and the submissions of the parties, the Panel rendered an oral decision on March 7, 2024, that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(18) and 1(19).

C. PENALTY Decision

6On March 7, 2024, the Panel accepted the parties’ Joint Submission on Penalty and made the following order as to penalty:

1. The Member is directed to appear before the Discipline Committee immediately following the hearing of this matter to receive a reprimand, which will be delivered electronically, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers;

2. The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of four (4) months commencing on the 15th calendar day following the date of the Oral Decision and the Order of the Discipline Committee relating to this matter; and

3. The Registrar is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration:

   (a) within 90 days of the date of the Order of the Discipline Committee, the Member shall enrol in and successfully complete, at his own expense, coursework of instruction pre-approved by the Registrar regarding professional boundaries, subject to the following conditions:

   (i) the Member shall provide the course practitioner approved by the Registrar a copy of the Statement of Uncontested Facts and Plea of No Contest and Joint Submission on Penalty documents made exhibits at the hearing of this matter, and the Decision and Reasons of the Discipline Committee;

   (ii) upon review of the documents noted at paragraph 3(a)(i) above, the course practitioner shall 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 proposed by the course practitioner shall also specify the length of the course to be undertaken by the Member and the assignments to be completed by the Member; and

   (b) within 30 days of his completion of the course outlined in paragraph 3(a) above, the Member shall provide to the Registrar a report from the course practitioner stating that the Member has successfully completed the course and reporting on the progress of the Member with respect to addressing the outlined goals of the course.

7A written decision with reasons will follow.