Ontario College of Teachers v. Gutierrez Connelly, 2024 ONOCT 30

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Gutierrez Connelly 2024 ONOCT 30

Date: 2024-08-07

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

Roberto Miguel Gutierrez Connelly, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ROBERTO MIGUEL GUTIERREZ CONNELLY (REGISTRATION #648803)

PANEL: Linda Staudt, OCT, Chair Andrew Glenny Yasser Leheta, OCT

HEARD: August 7, 2024

Jordan Stone, for the Ontario College of Teachers Kaley Duff, for Roberto Miguel Gutierrez Connelly 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 August 7, 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 Roberto Miguel Gutierrez Connelly (the “Member”) set out in a Notice of Hearing dated June 17, 2022 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, this proceeding was heard electronically.

2The Member attended the proceeding and had 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 June 17, 2022 in light of the Undertaking, Agreement and Acknowledgment of Roberto Gutierrez Connelly (the “Undertaking, Agreement and Acknowledgment”) dated July 3, 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 Qualification and Registration pursuant to this Undertaking, Agreement and Acknowledgement.

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

“On July 3, 2024, the member resigned his membership with the Ontario College of Teachers and has undertaken never to teach again in any public or private school in Ontario or to work in any position that requires membership in the Ontario College of Teachers. The member has also undertaken never to seek reinstatement of his Certificate of Qualification and Registration. The member resigned his membership while a disciplinary proceeding was pending. The College withdrew the allegations of professional misconduct against the member in light of his undertaking.”

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 August 7, 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 June 17, 2022, in light of the Undertaking, Agreement and Acknowledgement of the Member dated July 3, 2024.

D. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. College Counsel explained that they sought to withdraw the allegations of professional misconduct in this case for several reasons. These include the vulnerability of the young witnesses who would have to testify if this case were to move forward, the length of time that has passed since the alleged events, which may contribute to witness’ diminished recollection, and that the College membership will avoid bearing the costs of what will likely be a long and protracted hearing. Additionally, the Member has not taught since May 2022, he has resigned from the College, he has undertaken not to seek reinstatement, and he has undertaken not to teach again in any public or private school in Ontario. Students will therefore not be exposed to the Member, which will help ensure the protection of the public.

7The Panel finds that the withdrawal of the Notice of Hearing in these circumstances, and in light of the Undertaking, Agreement and Acknowledgment of the Member, is reasonable and serves to protect the public interest.