DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Cavanagh 2025 ONOCT 39

Date: 2025-06-18

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

Thomas Christopher Cavanagh, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

THOMAS CHRISTOPHER CAVANAGH (REGISTRATION #471003)

PANEL: Lois Figg, Chair

Sarah Choudhury

Adam Lee, OCT

By order 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.

A. PUBLICATION ban

2In Thomas Christopher Cavanagh’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 Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.

B. THE ALLEGATIONS

3The allegations against the Member in the Notice of Referral dated March 3, 2025 are as follows:

IT IS ALLEGED that Thomas Christopher Cavanagh 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 prescribed sexual acts as defined in section 1 of the Act and Ontario Regulation 615/20, subsection 1(3).

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 received several other documents, including:

1. Certified Transcript of the Proceedings at Guilty Plea before the Honourable Justice T. Breen in the Ontario Court of Justice on September 5, 2023;

2. Certified Transcript of the Proceedings at Sentencing and Reasons for Sentence before the Honourable Justice T. Breen in the Ontario Court of Justice on August 20, 2024;

3. Certified Copies of Court Information and ancillary orders; and

4. Affidavits of Service of Kelly Reeves, sworn on March 18, 2025, and May 6, 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 a prohibited act involving child pornography and a prescribed sexual act.

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(16). The Panel 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 Ontario Regulation 615/20, subsection 1(3).

7The 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 September 5, 2023, in the Ontario Court of Justice, the Member pleaded guilty to and was found guilty of one count of luring a child, one count of possession of child pornography, and one count of making sexually explicit material available to a child, contrary to sections 172.1(1)(a), 163.1(4), and 171.1(1)(a) of the Criminal Code, respectively. Convictions were registered for the offences of luring a child and possession of child pornography, while the charge of making sexually explicit material available to a child was conditionally stayed in accordance with the Kienapple principle. The Member did not appeal his convictions 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.

8The Panel also finds that the conduct for which the Member was convicted constitutes a prescribed sexual act as defined section 1 of the Act and Ontario Regulation 615/20, subsection 1(3); 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 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.

9The Panel makes the following order:

1. The Member is 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 of Qualification and Registration of the Member.

10The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.

11The Panel denounces the Member’s misconduct in the strongest terms.