Ontario College of Teachers v. Gould, 2024 ONOCT 14

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Gould 2024 ONOCT 14

Date: 2024-04-22

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

Cheryl Catherine Gould, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

CHERYL CATHERINE GOULD (REGISTRATION #450388)

PANEL: Kirby Chown, OCT, Chair

Stefano Fornazzari, OCT

Kayla Stephenson

HEARD: March 5-6, and April 22, 2024

Danielle Miller, for the Ontario College of Teachers

Philip Horgan, for Cheryl Catherine Gould

Rebecca Durcan, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsection 32.1(3of 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 5-6, 2024 and on April 22, 2024, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Cheryl Catherine Gould (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 Agreed Statement of Facts and Guilty Plea with respect to the hearing. This agreement was subsequently amended on consent of the parties.

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. The Panel extended this publication ban to an individual whose photograph appears in Exhibits “E” and “T” of the Amended Agreed Statement of Facts and Guilty Plea (Exhibit 2). The individual’s age and identity are unknown, and the publication ban was extended to this individual out of an abundance of caution.

B. DECISION ON FINDING

4Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (a) of the Notice of Hearing, namely that the Member contravened subsection 1(14) of Ontario Regulation 437/97, be withdrawn. The Panel granted the request.

5Having considered the Amended Agreed Statement of Facts and Guilty Plea and the submissions of the parties, the Panel rendered an oral decision on April 22, 2024 finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(15), 1(18) and 1(19).

C. PENALTY Decision

6The penalty hearing is ongoing and is scheduled to continue on May 13, 2024.

7A written decision with reasons will follow.