Discipline Committee of the Ontario College of Teachers
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 Nasaire Ndoume Angoune, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
NASAIRE NDOUME ANGOUNE (REGISTRATION #561940)
PANEL: Marlène Marwah, Chair Jacqueline Boulianne, OCT Myrna Tulandi
HEARD: January 19, 2024
Christine Lonsdale, for the Ontario College of Teachers No one appearing for Nasaire Ndoume Angoune Renée Kopp, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsections 32.1(1) and 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 Students 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 or 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 January 19, 2024, in accordance with Rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2On November 10, 2023, the Panel found that during the 2017-2018 academic year, Nasaire Ndoume Angoune (the “Member”) engaged in conduct that constitutes professional misconduct, as alleged in Notice of Hearing No. 4402, dated November 18, 2019. Among other things, the Panel found that the Member frequently yelled at students and failed to manage his class by allowing students to enter and leave the classroom without supervision. The Member also failed to intervene when students were watching pornography and roughhousing in class. Further, he didn’t allow students who had injured themselves to leave the classroom to tend to their injury. The Panel also found that the Member used his personal cell phone during teaching periods and made inappropriate comments to students.
3Based on this conduct, the Panel found that the Member contravened subsections 1(7), 1(11), 1(14), 1(15), 1(18) and 1(19) of Ontario Regulation 437/97. The Discipline Committee’s Decision on Finding and Reasons for Decision, dated November 10, 2023, is entitled Ontario College of Teachers v. Ndoume Angoune, 2023 ONOCT 78.
4The Panel reconvened on January 19, 2024, to hear submissions with respect to penalty. The Member was not present at this stage of the hearing and was not represented by counsel.
A. PUBLICATION BAN
5The 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. This order applies to Students 11, 12, 13, 14, 15, 16 and 17, all of whom were under 18 at the time of the hearing.
6College Counsel also asked the Panel to issue a discretionary order under subsection 32.1(1) of the Act, prohibiting the publication of any information that might identify Students 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, all of whom were over 18 at the time of the hearing and were the subject of evidence. According to College Counsel, the Panel should issue the publication ban under subsection 32.1(1) because subsection 32.1(3) only protects the identity of persons under the age of 18 at the time of the hearing. While these students were under 18 at the time of the events in question, they were not under 18 at the time of the hearing. Therefore, they do not benefit from the protection of the publication ban under subsection 32.1(3), but their identities must nevertheless be protected.
7The Panel granted the request to protect the identities of Students 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 and issued a publication ban under subsections 32(7) and 32.1(1) of the Act. Where a Panel finds that there is the possibility of serious harm or injustice to any person that justifies a departure from the general principle that hearings should be open to the public, it can render an order under subsection 32(7) excluding the public from the hearing. Subsection 32.1(1) then allows the Panel to order a publication ban in situations where the Panel has deemed it appropriate to make an order excluding the public under subsection 32(7).
B. DECISION ON PENALTY
8On January 19, 2024, the Panel made the following order as to penalty:
The Member is directed to receive a reprimand, in writing, and that the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers;
The Registrar is directed to suspend the Certificate of Qualification and Registration of the Member for a period of four months commencing on the 15th calendar day following the date of the Decision and Order of the Discipline Committee relating to this matter.
The Registrar is directed to impose the following terms, conditions, or limitations on the Member’s Certificate of Qualification and Registration:
a. Prior to accepting a position requiring a Certificate of Qualification and Registration, the Member shall enrol in and successfully complete at his own expense, a course of instruction pre-approved by the Registrar regarding classroom management that includes a component on communication in the classroom, subject to the following conditions:
i. The Member shall provide the course practitioner approved by the Registrar a copy of the Discipline Committee’s Decision and Reasons and Penalty Decision and Reasons for Decision regarding this matter;
ii. Upon review of the documents noted at subparagraph (i) above, the course practitioner will 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 and objectives of the course to be undertaken by the Member.
b. Within 30 days of his completion of the course referred to at paragraph (a) above, the Member shall provide written evidence to the Registrar:
iii. 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.
C. COSTS DECISION
9The Panel makes the following order as to costs:
- The Member is directed to pay costs in the amount of $5,000 to the College for expenses incurred in relation to the present proceedings, within six months of the date of the Panel’s Penalty Decision and Reasons for Decision.
10A written decision with reasons will follow.
Dated: January 19, 2024
Marlène Marwah Chair, Discipline Panel
Jacqueline Boulianne, OCT Member, Discipline Panel
Myrna Tulandi Member, Discipline Panel