Ontario College of Teachers v. Epp, 2024 ONOCT 22

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Epp 2024 ONOCT 22

Date: 2024-06-05

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

Dustin Arthur Nichols Epp, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DUSTIN ARTHUR NICHOLS EPP (REGISTRATION #427957)

PANEL: Kim Westfall-Connor, Chair Susan Arbour, OCT Rachelle Coleman

HEARD: June 5, 2024

Dominic Bell, for the Ontario College of Teachers No one appearing for Dustin Arthur Nichols Epp Ahmad Mozaffari, 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 of the Peace C. Bertrand, there is also a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 517, 486.4(1) and 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 June 5, 2024, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Dustin Arthur Nichols Epps (the “Member”) did not attend the hearing 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.

4The Panel also received a certified copy of the transcript of Reasons for Sentence from the Member’s criminal proceeding before Justice K.G. McHugh dated February 22, 2024 (Exhibit 6 at Tab 7) indicating that Justice of the Peace C. Bertrand made an order on March 13, 2020 restricting publication pursuant to sections 517, 486.4(1) and 486.4 of the Criminal Code of Canada. The Panel is required to uphold these publication bans. 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 evidence, onus and standard of proof, and the submissions made by College Counsel, the Panel rendered an oral decision on June 5, 2024, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(7.1), 1(7.2), 1(7.3), 1(16), 1(17), 1(18) and 1(19). The Panel found that the Member also engaged in sexual abuse of a student and engaged in a prohibited act involving child pornography as defined in section 1 of the Act.

C. PENALTY Decision

6On June 5, 2024, the Panel made the following order as to penalty:

1. The Member is directed to receive a written reprimand, and the fact of the reprimand is to be recorded on the Register of the Ontario College of Teachers.

2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate of Qualification and Registration of the Member.

7A written decision with reasons will follow.