Ontario College of Teachers v. Matar, 2024 ONOCT 11

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Matar 2024 ONOCT 11

Date: 2024-03-22

PENALTY 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

Edward William Matar, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

EDWARD WILLIAM MATAR (REGISTRATION #258768)

PANEL: Kimberley Westfall-Connor, Chair Scott Barker, OCT Kirby Chown, OCT

HEARD: March 22, 2024

Ava Arbuck, for the Ontario College of Teachers Soumya Sanyal, for Edward William Matar

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.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on March 22, 2024, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, this matter proceeded by way of an electronic hearing.

2On June 27, 2023, the Panel found that Edward William Matar (the “Member”) engaged in professional misconduct. The Panel found that the Member failed to adequately control and maintain an appropriate learning environment in two of his classes on December 13, 2017. He acted in a disrespectful and confrontational manner towards students, including by throwing chalk in the classroom and by making disparaging and abusive remarks about students and their school. Based on this conduct, the Panel found that the Member contravened subsections 1(7), 1(7.2), 1(14), 1(15), 1(18) and 1(19) of Ontario Regulation 437/97.

3The Panel reconvened on March 22, 2024 to hear submissions with respect to penalty. The Member was in attendance for this phase of the hearing and had legal representation. The Member made a preliminary motion requesting the Panel to strike certain evidence from the hearing record and to reconsider its decision on findings. The Panel decided it lacked jurisdiction to hear the Member’s motion. The Panel then heard the parties’ submissions on penalty and costs.

A. PUBLICATION ban

4The 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

5On March 22, 2024, the Panel made the following order with respect to penalty:

1. The Member is directed to appear before the Discipline Committee on a date to be arranged by the Member and the Tribunals’ Office, to receive a reprimand which will be delivered electronically, and the fact of the reprimand shall be recorded on the Register of the Ontario College of Teachers (the “Register”);

2. The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of six (6) months. The suspension will begin 30 days after the date of the Panel’s Penalty Decision and Order dated March 22, 2024;

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

(a) The Member shall enrol in and successfully complete, prior to his return to the classroom, and at his own expense, a course or courses of instruction pre-approved by the Registrar regarding anger management, classroom management, professional ethics, and cultural sensitivity, subject to the following conditions:

(i) the Member will provide to the course practitioner(s) approved by the Registrar, a copy of the Decision on Finding and Reasons for Decision and Penalty Decision and Reasons for Decision of the Panel;

(ii) upon review of the documents noted at paragraph (i) above, the course practitioner(s) will provide to the Registrar, for approval, a syllabus for the proposed course(s) which specifically addresses the Panel’s concerns regarding the Member’s professional misconduct. The syllabus proposed by the course practitioner(s) shall also specify the length of the course to be undertaken by the Member, and the assignments to be completed by the Member;

(b) within 30 days of his completion of the course outlined in (a) above, the Member shall provide to the Registrar a written report from the course practitioner:

(i) stating whether 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.

C. COSTS DECISION

6On March 22, 2024, the Panel made the following order with respect to costs:

1. The Member shall pay costs of this proceeding to the College, fixed in the amount of $20,000, which must be paid in equal monthly installments over 48 months (4 years) beginning 30 days after March 22, 2024.

7A written decision with reasons will follow.