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
William Franklin Schatz, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
WILLIAM FRANKLIN SCHATZ (REGISTRATION #429838)
PANEL: Marlène Marwah
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. THE ALLEGATIONS
3The allegations against the Member in the Notice of Referral dated September 23, 2024 are as follows:
IT IS ALLEGED that William Franklin Schatz 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) [pre-May 2008 amendments];1
(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) 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).
B. The evidence
4The 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 Copy of Court Information including the appearances, endorsements and disposition in the criminal proceeding;
Certified copies of ancillary orders stemming from the criminal proceeding;
Certified copy of transcript of Guilty Plea Proceedings before Justice C. D. Good in the Ontario Court of Justice on January 23, 2023;
Certified copy of the transcript of the Reasons for Ruling by Justice C. D. Good in the Ontario Court of Justice on April 26, 2023;
Certified copy of the transcript of Guilty Plea Proceedings before Justice R. S. Gee in the Ontario Court of Justice on September 21, 2023;2 and
Certified copy of the Transcript of Reasons for Sentence by Justice R. S. Gee in the Ontario Court of Justice on December 4, 2023.
5Subrule 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.
C. DECISION on finding and penalty, and reasons for decision
6Having considered the findings of the criminal court, the Committee finds that the Member engaged in acts of professional misconduct contrary to subsection 1(7) [pre-May 2008 amendments], 1(16), and 1(17) of Ontario Regulation 437/97.
7The Member has been found guilty of an offence under the Criminal Code which is relevant to his 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 September 21, 2023, in the Ontario Court of Justice, the Member pled guilty to, and was convicted of, one count of sexual exploitation of a student who was in his class, occurring between on or about March 1, 2001, and on or about March 31, 2001, contrary to section 153(a) of the Criminal Code. The Member did not appeal his 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.
8The Committee also finds that the offence in question, which involved sexual touching of a student, is of a nature that constitutes sexual abuse of a student under Ontario Regulation 437/97, subsection 1(7) [pre-May 2008 amendments]. Given this finding, section 30.2(1) of the Act provides that the Committee must make the following orders3: (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.
9The 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.
10The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.
11The Committee denounces the Member’s misconduct in the strongest terms.
Date: January 11, 2025
Marlène Marwah
Discipline Panel
Footnotes
- The alleged conduct in this case occurred in 2001. Prior to the May 5, 2008 amendments to Ontario Regulation 437/97, 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).
- The Committee received confirmation from the parties that there is no publication ban in effect in this case.
- The mandatory penalty provision applies retrospectively pursuant to section 63.2 of the Act.