DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Aurich 2024 ONOCT 12

Date: 2024-04-07

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

Robert Christopher Aurich, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ROBERT CHRISTOPHER AURICH (REGISTRATION #438692)

PANEL: Hanno Weinberger, OCT, Chair

Andrew Glenny

Adam Lee, OCT

HEARD: April 3, 2024

Jordan Glick, for the Ontario College of Teachers

Robert Christopher Aurich, self-represented

Julie Maciura, 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.

1On April 3, 2024, 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 Robert Christopher Aurich (the “Member”) set out in a Notice of Hearing dated November 14, 2023 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), this proceeding was heard electronically.

2The Member attended the proceeding and did not have 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.

B. UNDERTAKING, AGREEMENt AND ACKNOWLEDGMENT

4Counsel for the College advised the Panel that the parties had agreed to the withdrawal of the allegations against the Member set out in the Notice of Hearing dated November 14, 2023, in light of the Undertaking, Agreement and Acknowledgment of Robert Christopher Aurich (the “Undertaking, Agreement and Acknowledgment”) dated March 24, 2024 (Exhibit 2), in which the Member agreed to the following terms, conditions or limitations:

1. I hereby resign as a member of the College and surrender irrevocably my Certificate of Qualification and Registration effective immediately.

2. I undertake that I will never seek reinstatement of my Certificate of Qualification and Registration.

3. I undertake that following my resignation, I will never teach again in any public or private school in Ontario or work in any position that requires membership in the College.

4. I acknowledge that I will not be entitled in the future to seek membership in the College after having resigned permanently from membership in the College and having irrevocably surrendered my Certificate of Registration pursuant to this Undertaking, Agreement and Acknowledgement.

5. I acknowledge that my status on the Public Register of the College will be “Resigned-Cancelled” and the notation will read as follows:

“On March 24, 2024, the Member resigned his membership with the Ontario College of Teachers and has undertaken not to teach again in any public or private school in Ontario or work in any position that requires membership in the Ontario College of Teachers. The Member undertook never to seek reinstatement of his Certificate of Qualification and Registration. The Member resigned his membership while a disciplinary proceeding was pending.”

6. I acknowledge that the College is authorized to provide information regarding this Undertaking, Agreement and Acknowledgement in response to any inquiries it receives from any authority that regulates the practice of teaching in any other jurisdiction.

7. I acknowledge and understand that the decision and reasons of the Discipline Committee in this matter will be available on the College’s website.

8. I understand and agree that this Undertaking, Agreement and Acknowledgement is legally binding on me and that the College may take any legal action against me to enforce it that the College deems appropriate.

9. I fully understand the terms of this Undertaking, Agreement and Acknowledgement.

10. I confirm that I am entering into this Undertaking, Agreement and Acknowledgement voluntarily and without compulsion or duress, and that I have been advised by the College of my right to obtain independent legal advice on this Undertaking, Agreement and Acknowledgement and its contents. I have had ample opportunity to consult with legal counsel regarding the terms of this Undertaking, Agreement and Acknowledgement and any other related legal issues.

C. DECISION

5On April 3, 2024, upon hearing the submissions of the parties and given the consent of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated November 14, 2023, in light of the Undertaking, Agreement and Acknowledgment of the Member signed March 24, 2024.

D. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules.

7College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing. College Counsel explained that they sought to withdraw the allegations of professional misconduct in this case for two reasons. First, College Counsel submitted that the College’s ability to prove the allegations and obtain a finding of professional misconduct was diminished due to information that was received by College Counsel during pre-hearing disclosure. Second, the Member has resigned as a member of the College and has undertaken never to teach in any public or private school in Ontario again, and to never seek reinstatement as a member of the College.

8The Panel accepts these submissions.

9The publication of the Panel’s Decision and Reasons on Motion on the College’s website will ensure transparency of the disciplinary process. Overall, the Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate given the Member’s Undertaking, Agreement and Acknowledgment, which serves to protect the public interest.