Ontario College of Teachers v Green, 2025 ONOCT 18

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Green 2025 ONOCT 18

Date: 2025-03-24

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

Darren Green, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DARREN GREEN (REGISTRATION #397853)

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

By orders of the Ontario Court of Justice, there are publication bans on any information that could identify the victim or a witness in this matter, pursuant to section 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.

A. PUBLICATION ban

2The Panel received a certified copy of Court Information with respect to the criminal proceedings against Darren Green (“the Member”) involving Student 1. On July 9, 2019, the Ontario Court of Justice made an order restricting publication in that matter pursuant to section 486.4 of the Criminal Code of Canada.

3The Panel also received a certified copy of the Court Information with respect to the criminal proceedings against the Member involving Student 2. On May 27, 2021, the Ontario Court of Justice made an order restricting publication in that matter pursuant to section 486.4 of the Criminal Code of Canada.

4The 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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. SERVICE OF NOTICE

5College Counsel filed in evidence an Affidavit of Service of Kelly Reeves sworn on February 11, 2025, proving that the Member was advised of the allegations against him, including by being served with a copy of the Notice of Referral and Disclosure Brief. In the affidavit, Ms. Reeves sets out the numerous steps the College took to serve the Member with the Notice of Referral and all the required disclosure documents, including by electronic means and courier. In particular, Ms. Reeves sets out that a copy of the Notice of Referral and Disclosure Brief were delivered, by courier, to the Member’s last known address. On November 5, 2024, the documents were received and signed for by an unknown recipient.

6On January 23, 2025, the College attempted to serve the Member with a copy of the Written Request in this matter, by courier, to the same address; however, the Member was unavailable to receive the package. Ms. Reeves further confirmed that the package, to date, has not been picked up or returned to the College.

7The relevant rules for the service of documents are set out in in section 52 of the Ontario College of Teachers Act, 1996 (the “Act”), in sections 8.09 to 8.12 of the College Bylaws, and in rule 2.03 of the Rules. Section 52 of the Act provides that the notice or document to be given or served is sufficiently given or served if it is “(a) delivered personally; (b) sent by mail; or (c) given or served in accordance with by-laws respecting service.” Section 8.09 of the College Bylaws provides that documents may be served in a variety of ways, including by courier to the person’s last known address or via electronic means. According to sections 8.10 to 8.12 of the College Bylaws, there is a rebuttable presumption that the documents were delivered to the person after a certain number of days, depending on the method of service. Rule 2.03 provides that, “Service of notice or documents is effective when it is made in accordance with the College’s Act or Bylaws.”

8Additionally, pursuant to section 25.01 of subsections (b)-(c) of the College Bylaws, the Member is required to notify the Registrar in writing, or in another form acceptable to the Registrar, of the Member’s current email address, residential address, and telephone number.

9Based on the evidence provided, the Panel is satisfied that the service requirements have been met in this matter. In this case, although the Member did not confirm receipt of any of the documents delivered to him by the College, he is deemed to have received those documents as they were couriered to him at his last known address. The Panel finds that the College has demonstrated that it complied with its service obligations by sending the documents by courier to the last address provided by the Member.

C. THE ALLEGATIONS

10The allegations against the Member in the Notice of Referral dated August 16, 2024, are as follows:

IT IS ALLEGED that Darren Green is guilty of professional misconduct as defined in the Act in that:

(a) he engaged in sexual abuse of students as defined in section 1 of the Act;

(b) he abused students sexually, contrary to Ontario Regulation 437/97, subsection 1(7.3);

(c) 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);

(d) 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).

D. The evidence

11The 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. Certified Transcript of Reasons for Judgment before Justice S.A. Gomery in the Superior Court of Justice on October 4, 2021;

2. Decision on Sentence before Justice S.A. Gomery in the Superior Court of Justice dated June 23, 2022;

3. Certified Transcript of Proceedings before Justice M. Webber in the Ontario Court of Justice on March 2, 2023

4. Certified Transcript of Reasons for Sentence before Justice M. Webber in the Ontario Court of Justice on October 19, 2023;

5. Certified Copies of Court Documents, Court Informations and ancillary orders; and

6. Affidavit of Service of Kelly Reeves, sworn on February 11, 2025.

12Subrule 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.

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

13Having considered the findings of the criminal court, the Panel 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 Panel further finds that the Member engaged in sexual abuse of a student as defined in section 1 of the Act.

14The 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, and which have 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 October 4, 2021, in the Superior Court of Justice, the Member was convicted of two counts of sexual assault and two counts of sexual interference in relation to Student 1, contrary to sections 271 and 151 of the Criminal Code. The documents presented by the College also establish that on March 2, 2023, in the Ontario Court of Justice, the Member was convicted of one count of sexual exploitation and one count of sexual assault in relation to Student 2, contrary to sections 153 and 271 of the Criminal Code. The Member did not appeal his convictions or sentences 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.

15The Panel also finds that the offences in question are of a nature that constitutes sexual abuse of a student contrary to subsection 1(7.3) of Ontario Regulation 437/97, and as defined in section 1 of the Act, namely sexual touching of Student 1 and Student 2. Given this finding, 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 College does not seek any additional order.

16The 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.

17The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.

18The Panel denounces the Member’s misconduct in the strongest terms.