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
Gerald Robert Tourigny, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
GERALD ROBERT TOURIGNY (REGISTRATION #448868)
PANEL: Alain Martel, OCT, Chair
By order 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 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.
2This proceeding was heard in writing before a single member of the Committee, with the consent of the parties.
A. PUBLICATION ban
3In Gerald Robert Tourigny’s (the “Member”) criminal 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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.
A. SERVICE OF WritteN Request
4The College was required to provide a copy of its written request to the Member under subrule 9.03(3). Initially, it was not clear from the written materials provided by the College whether the Member had been served with a copy of the written request. As a result, the Committee sought submissions from the parties regarding whether the College had served its written request on the Member. The Member and College Counsel both confirmed in writing that the Member had been served with the College’s written request. As a result, the Committee is satisfied that the Member was served with the written request as required under subrule 9.03(3).
B. THE ALLEGATIONS
5The allegations against the Member in the Notice of Referral dated December 9, 2024 are as follows:
IT IS ALLEGED that the Member is guilty of professional misconduct as defined in the Act in that:
(a) 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;
(b) 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).
C. The evidence
6The 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:
Certified Transcript of Reasons for Judgment before the Honourable Justice Gattrell in the Ontario Court of Justice on July 19, 2023;
Certified Transcript of Reasons for Sentence before the Honourable Justice Gattrell in the Ontario Court of Justice on October 5, 2023.
Certified Copy of Court Information and ancillary orders; and
Affidavit of Service of Paige Booth, Law Clerk at the College, sworn January 14, 2025.
7Subrule 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
8Having 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, subsections 1(7.3) and 1(16). The Committee further finds that the Member engaged in sexual abuse as defined in section 1 of the Act.
9The Member has been found guilty of two 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 July 19, 2023, in the Ontario Court of Justice, the Member was found guilty of one count of sexual assault and one count of sexual interference against Student 1 for conduct that took place on around July 26, 2014, contrary to sections 271 and 151 of the Criminal Code. A conviction was registered for the offence of sexual interference, while the related charge of sexual assault was conditionally stayed. The Member did not appeal his convictions or his 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.
10The Committee also finds that the conduct in respect of which the Member was convicted constitutes sexual abuse of a student under Ontario Regulation 437/97, subsection 1(7.3) 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 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 mandatory penalty provisions apply retrospectively in this case pursuant to section 63.2 of the Act.1 The College does not seek any additional order.
11The Committee makes the following order:
The Member is directed to 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.
12The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.
13The Committee denounces the Member’s misconduct in the strongest terms.
Date: March 27, 2025
Alain Martel, OCT
Chair, Discipline Panel
Footnotes
- Although the mandatory penalty provisions were not in force at the time of the Member’s sexual abuse of the student, 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.