Ontario College of Teachers v Nielsen, 2024 ONOCT 28

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Nielsen, 2024 ONOCT 28 Date: 2024-07-18

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 Kirk Douglas Nielsen, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

KIRK DOUGLAS NIELSEN (REGISTRATION #212895)

PANEL: Anthony Jeethan, OCT, Chair Rachelle Coleman Terrence Singh, OCT

HEARD: July 18, 2024

COUNSEL: Nicole Walton, for the Ontario College of Teachers No one appearing for Kirk Douglas Nielsen Erica Richler, 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 J.J. Douglas of the Ontario Court of Justice, there is a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 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 July 18, 2024, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Kirk Douglas Nielsen (the “Member”) did not attend the hearing and did not have legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.

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 Proceedings at Plea from the Member’s criminal proceeding before Justice J.J. Douglas dated February 24, 2023 (Exhibit 2 at Appendix G). In these proceedings before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada. The Panel is required to uphold this publication ban. 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 Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on July 18, 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(18) and 1(19). The Member also engaged in sexual abuse of a student as defined in section 1 of the Act.

C. PENALTY DECISION

6On July 18, 2024, the Panel accepted the parties’ Joint Submission on Penalty and 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; and

3. The Member is directed to reimburse the College, pursuant to s. 30(4)5 of the Ontario College of Teachers Act, 1996 (the “Act”), for any funding provided to date for a person or persons under the Therapy and Counselling Program established under s. 58.1 of the Act (the “Program”), and for any future funding provided under the Program.

7A written decision with reasons will follow.