Ontario College of Teachers v. Lavergne, 2025 ONOCT 17

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Lavergne 2025 ONOCT 17

Date: 2025-03-19

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 Robert Lavergne, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ROBERT LAVERGNE (REGISTRATION #439680)

PANEL: Alain Martel, OCT, Chair Scott Barker, OCT Kayla Stephenson

By order of the Ontario Court of Justice and the Court of Appeal for Ontario, there is a restriction on the publication or broadcast in this proceeding on any information that could identify the victim or a witness pursuant to sections 486.4 and 486.6 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.

A. PUBLICATION ban

2The Panel received a certified copy of the Court Information from Robert Lavergne’s (the “Member”) criminal proceedings the Ontario Court of Justice. On March 11, 2019, the Ontario Court of Justice made an order restricting publication pursuant to section 486.4 of the Criminal Code of Canada. The Panel also received a copy of the Member’s Conviction Appeal Decision and the Sentence Appeal Decision, dated November 8, 2022, and September 11, 2023, respectively. In these proceedings before the Ontario Court of Appeal, an order restricting publication was made pursuant to sections 486.4 and 486.6 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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. THE ALLEGATIONS

3The allegations against the Member in the Notice of Referral dated December 17, 2024, are as follows:

IT IS ALLEGED that Robert Lavergne is guilty of professional misconduct as defined in the Act in that:

(a) he abused a student or students physically, sexually, verbally, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7)¹ and/or engaged in sexual abuse of a student or students as defined in section 1 of the Act;

(b) he 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;

(c) he 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

4The Panel 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 Panel also received the following documents:

1. Decision on Finding before Justice C. Kehoe in the Ontario Court of Justice, dated October 9, 2019;
2. Certified Transcript of Proceedings before Justice C. Kehoe in the Ontario Court of Justice on September 11, 2020;
3. Decision on Sentence before Justice C. Kehoe in the Ontario Court of Justice, dated October 30, 2020;
4. Conviction Appeal Decision before Justice D. Doherty, Justice A. Hoy, and Justice D. Paciocco, in the Ontario Court of Appeal, dated November 8, 2022;
5. Sentence Appeal Decision before Justice D. Doherty, Justice A. Hoy and Justice D. Paciocco in the Ontario Court of Appeal, dated September 11, 2023;
6. Certified Court Documents; and
7. Affidavit of Service of Kelly Reeves, sworn on January 7, 2025.

5Subrule 9.03(4) of the Rules provides that the Panel 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 sexual abuse of a student or students.

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

6Having considered the findings of the criminal court, the Panel finds that the Member engaged in acts of professional misconduct contrary to Ontario Regulation 437/97, subsection 1(7) [pre-May 2008 amendments], 1(7.3) and 1(17). The Panel further finds that the Member engaged in sexual abuse of students as defined in section 1 of the Act.

7The Member has been found guilty of several offences under the Criminal Code. The documents presented by the College establish that on October 9, 2019, in the Ontario Court of Justice, the Member was convicted of one count of sexual assault and one count of sexual exploitation in relation to Student 1, occurring between on or about September 1, 2014, and on or about June 30, 2016, contrary to sections 153(1.1) and 271 of the Criminal Code. Pursuant to the Kienapple principle, the conviction for sexual assault relating to Student 1 was stayed. The Member was also convicted of one count of sexual assault in relation to Student 2, occurring between on or about September 1, 2004, and on or about January 31, 2005, contrary to subsection 271(1) of the Criminal Code. The Member appealed his convictions and his sentence. The Court of Appeal for Ontario dismissed the Member’s appeals, on November 8, 2022 and September 11, 2023 respectively.

8The Panel notes that the Member’s conduct that led to his criminal conviction of sexual assault of Student 2 occurred prior to the May 2008 amendments to subsection 1(7) of the Ontario Regulation 437/97. Given the use of the disjunctive “or” in this subsection, the Panel can make a finding under subsection 1(7) if they are satisfied that the Member has engaged in any one of the forms of abuse towards Student 2, including sexual abuse. In this instance, the Panel is satisfied that the Member engaged in sexual touching of Student 2 and therefore sexually abused Student 2. The Panel is also satisfied that the conduct underlying the Member’s convictions of sexual assault and sexual exploitation of Student 1, included touching of a sexual nature and therefore constitutes sexual abuse of a student, contrary to section 1(7.3) of Ontario Regulation 437/97 and as defined in section 1 of the Act.

9The Panel is also satisfied that the Member’s convictions for sexual assault and sexual exploitation of Student 1 and Student 2 demonstrate that the Member has engaged in professional misconduct contrary to section 1(17) of Ontario Regulation 437/97. The Member’s convictions demonstrate that the Member put two students who were under his professional supervision (i.e., Student 1 and Student 2) at risk when he engaged in criminal behaviour of a sexual nature towards them. Members of the teaching profession are responsible for the safety and well-being of students.

10Given the findings that the Member engaged in sexual abuse of students, contrary to sections 1(7) [pre-2008 Amendment] and 1(7.3) of Ontario Regulation 437/97 and as defined in section 1 of the Act, section 30.2(1) of the Act provides that the Panel 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 Panel notes that it has no discretion regarding making this order. The mandatory penalty provisions apply retrospectively to the findings regarding the Member’s conduct towards Student 1 in this case pursuant to section 63.2 of the Act.² The College does not seek any additional order.

11The Panel 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.

12The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.

13The Panel denounces the Member’s misconduct in the strongest terms.

Footnotes

1. 1Prior to the May 5, 2008 amendments to Ontario Regulation 437/97, subsection 1(7), subsection 1(7) grouped together physical, sexual, verbal, psychological or emotional abuse. Since the May 2008 amendments, these forms of abuse have been broken into separate subsections (i.e., for each distinct form of abuse).
2. 2Although the mandatory penalty provisions were not in force at the time of the Member’s sexual abuse of Student 1 and Student 2, section 63.2 of the Act provides that the mandatory penalty provisions at section 30.2 apply retrospectively where the sexual abuse occurred before April 3, 2019 and no order has been made under subsection 30(4) of the Act before then. These conditions are met in this case.