DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Lypaczewski 2024 ONOCT 48

Date: 2024-12-09

DECISION, REASONS FOR 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

Sean Moore Lypaczewski, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

SEAN MOORE LYPACZEWSKI (REGISTRATION #592965)

PANEL: Kirby Chown, OCT, Chair

By order of Justice of the Peace Aharan, 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 matter was referred to the Discipline Committee (the “Committee”) of the Ontario College of Teachers (the “College”) under subsection 26(9) of the Ontario College of Teachers Act, 1996 (the “Act”). In accordance with subsection 30.2(8) of the Act and rule 9.03 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), the Committee disposed of the matter without a hearing.

2This proceeding was heard in writing before a single member (with the consent of the parties) of the Committee.

A. PUBLICATION ban

3The Committee received a certified copy of the transcript of Proceedings at Sentence from Sean Moore Lypaczewski’s (the “Member”) criminal proceeding before Justice M. Carroccia dated February 1, 2023, and June 30, 2023. In these proceedings before the Superior Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code of Canada. The Committee 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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. THE ALLEGATIONS

4The allegations against the Member in the Notice of Referral dated August 11, 2024, are as follows:

IT IS ALLEGED that Sean Moore Lypaczewski is guilty of professional misconduct as defined in the Act in that:

(a) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(b) he engaged in a prohibited act involving child pornography as defined in section 1 of the Act;

(c) he engaged in a prescribed sexual act as defined in section 1 of the Act and Ontario Regulation 615/20, subsection 1(3).

C. The evidence

5The Committee was provided with the Registered Member Information for the Member, which indicates that he was a member of the College at all material times. The Committee also received the following documents:

1. Certified Copies of Court Information, appearances, endorsements, disposition in the criminal proceeding and ancillary orders;

2. Certified Transcript of Proceedings at Plea before Justice M. Carroccia in the Superior Court of Justice, dated June 15, 2022;

3. Certified Transcripts of Proceedings at Sentence, before Justice M. Carroccia in the Superior Court of Justice, dated February 1, 2023, and June 30, 2023; and

4. Affidavit of Service of Kelly Reeves, sworn on August 20, 2024.

6Subrule 9.03(4) of the Rules provides that the Committee can accept a certified copy of a Court Information, Indictment or Endorsement, or transcripts of the proceedings at which the criminal conviction or the finding of guilt occurred to be proof that the Member has engaged in a sexual offence involving a student.

D. DECISION on finding and penalty, and reasons for decision

7Having considered the findings of the criminal court, the Committee finds that the Member engaged in acts of professional misconduct contrary to Ontario Regulation 437/97, subsection 1(16). The Committee further finds that the Member engaged in a prohibited act involving child pornography as defined in section 1 of the Act and engaged in a prescribed sexual act as defined in section 1 of the Act and subsection 1(3) of Ontario Regulation 615/20.

8The Member has been found guilty of several offences under the Criminal Code which are relevant to his suitability to hold a certificate of qualification and registration, contrary to subsection 1(16) of Ontario Regulation 437/97. The documents presented by the College establish that on June 15, 2022, in the Superior Court of Justice, the Member pled guilty to, and was convicted of, one count of child luring, one count of possession of child pornography and one count of making child pornography, contrary to sections 172.1(2), 163.1(4) and 163.1(2) of the Criminal Code. The Member did not appeal his conviction or sentence and the time period for an appeal has expired. Members of the teaching profession are responsible for the safety and well-being of students. Those who engage in criminal behaviour of a sexual nature with children cast serious doubt on their suitability to remain a member of a profession that is committed to the protection of students.

9The Committee also finds that the offences in question are of a nature that constitutes a prescribed sexual act as defined section 1 of the Act and subsection 1(3) of the Ontario Regulation 615/20, and a prohibited act involving child pornography as defined in section 1 of the Act. Given this finding, section 30.2(1) of the Act provides that the Committee must make an order: (1) requiring that the Member be reprimanded by the Committee; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Committee notes that it has no discretion regarding making this order. The College does not seek any additional order.

10The Committee makes the following order:

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

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

11The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.

12The Committee denounces the Member’s misconduct in the strongest terms.