DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
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
Tin-Gee Wong, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
TIN-GEE WONG (REGISTRATION #525342)
PANEL: Marlène Marwah
By order of Justice J. Bliss 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 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 the Proceedings at Guilty Plea from Tin-Gee Wong’s (the “Member”) criminal proceeding before Justice J. Bliss dated November 2, 2023. 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 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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 27, 2024 are as follows:
IT IS ALLEGED that Tin-Gee Wong is guilty of professional misconduct as defined in the Act in that:
(a) they abused a student or students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3) and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;
(b) they 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);
(c) they contravened a law, the contravention of which has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17).
C. The evidence
5The Committee was provided with the Registered Member Information for the Member, which indicates that they were a Member of the College at all material times. The Committee also received the following documents:
Certified Copies of Court Information including appearances, endorsements, and disposition, as well as the probation order, conditional sentence order, and publication ban, in the criminal proceeding;
Certified Transcript of the Proceedings at Guilty Plea before Justice J. Bliss in the Ontario Court of Justice on November 2, 2023; and
Certified Transcript of the Reasons for Sentence, Justice J. Bliss in the Ontario Court of Justice on December 11, 2023.
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 subsection 1(7.3), 1(16), and 1(17) of Ontario Regulation 437/97. The Committee further finds that the Member engaged in sexual abuse as defined in section 1 of the Act.
8The Member has been found guilty of an offence under the Criminal Code which is relevant to their suitability to hold a certificate of qualification and registration, contrary to subsection 1(16) of Ontario Regulation 437/97, and has caused or may cause a student who is under the member’s professional supervision to be put at or to remain at risk contrary to subsection 1(17) of Ontario Regulation 437/97. The documents presented by the College establish that on November 2, 2023, in the Ontario Court of Justice, the Member pled guilty to, and was convicted of, one count of sexual assault in relation to a student whom they taught and coached, contrary to section 271 of the Criminal Code. The Member did not appeal their 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 a student cast serious doubt on their suitability to remain a member of a profession and their ability to practice the profession without putting students at risk.
9The Committee also finds that the offence in question is of a nature that constitutes sexual abuse contrary to subsection 1(7.3) of Ontario Regulation 437/97 and as defined in section 1 of the Act. Given this finding, section 30.2(1) of the Act provides that the Committee must make the following orders: (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 these orders. The College does not seek any additional orders.
10The Committee makes the following order:
That the Member receive a written reprimand, and the fact of the reprimand shall be recorded on the Register of the Ontario College of Teachers; and
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.
Date: December 18, 2024
Marlène Marwah
Discipline Panel