DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Riossi 2025 ONOCT 45

Date: 2025-06-24

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

Marianna Erika Riossi, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

MARIANNA ERIKA RIOSSI (REGISTRATION #634559)

PANEL: Lois Figg, Chair Sarah Choudhury Adam Lee, OCT

By order of Justice M. Henschel 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.

A. PUBLICATION ban

2In Marianna Erika Riossi’s (the “Member”) criminal proceeding before the Ontario Court of Justice, an order restricting publication was made pursuant to section 486.4 of the Criminal Code. The Panel is required to uphold this publication ban. Accordingly, any information that could identify a victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.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

3The College was required to serve a copy of its Notice of Referral upon the Member under subrule 9.03(1). The College tendered the Affidavit of Service of Kelly Reeves sworn on March 26, 2025. Ms. Reeves is a Professional Conduct Coordinator at the College. In her affidavit, Ms. Reeves indicated that on March 13, 2025, she served the Member with a copy of the Notice of Referral by sending an email to the Member’s last known email address, with a link to the documents on ShareFile. Pursuant to section 25.01, subsections (b) and (c) of the College Bylaws, a member is required to notify the Registrar in writing, or in another form acceptable to the Registrar, of the Member’s principal residential address, telephone number, and email address. Prior to her resignation from the College on November 11, 2022, the Member did not update or change her email address. Therefore, the last known email address of the Member is that which she provided prior to her resignation.

4The legal requirements for service of notice or documents are set out in section 52 of the Act, sections 8.09 to 8.13 of the College Bylaws, and rule 2.03 of the Rules. Section 52 of the Act provides that a notice or document 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 several ways, including by email to the person’s last known address. According to section 8.12 of the College Bylaws, there is a rebuttable presumption that the documents were delivered to the person on the day the email is sent, or the following day if the email is sent between 5:00 p.m. and 12:00 midnight. 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.”

5Based on the evidence provided, the Panel is satisfied that the College met the service requirement. Although the Member did not confirm receipt, the Panel finds that the College served the Member by sending the Notice of Referral by email to her last known email address on March 13, 2025.

C. THE ALLEGATIONS

6The allegations against the Member in the Notice of Referral dated February 4, 2025 are as follows:

IT IS ALLEGED that Marianna Erika Riossi is guilty of professional misconduct as defined in the Act in that:

(a) she 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) she 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

7The Panel was provided with the Registered Member Information for the Member, which indicates that she was a Member of the College at all material times. The Panel also reviewed the following additional documents:

1. Certified Transcript of the Proceedings at Guilty Plea before the Honourable Justice J. Di Luca of the Superior Court of Justice on July 27, 2022;

2. Copy of the Reasons for Sentence of the Honourable Justice J. Di Luca in the Superior Court of Justice dated June 26, 2023;

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

4. Affidavits of Service of Kelly Reeves, sworn on March 26, 2025 and May 6, 2025.

8Subrule 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 as proof that the member has been convicted or found guilty of an offence under the Criminal Code for the same conduct or act of professional misconduct at issue in their discipline proceeding, involving or including the sexual abuse of a student, a prohibited act involving child pornography and/or a prescribed sexual act.

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

9Having 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, subsections 1(7.3) and 1(17). The Panel further finds that the Member engaged in sexual abuse of a student as defined in section 1 of the Act.

10The Member has been found guilty of two offences under the Criminal Code 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. On July 27, 2022, the Member pleaded guilty to and was found guilty of one count of sexual exploitation in relation to Student 1 for conduct that occurred in the 2017-2018 academic year, and one count of sexual interference in relation to Student 2 for conduct that occurred in the 2016-2017 academic year, contrary to sections 153(1.1) and 151 of the Criminal Code, respectively. Both convictions are considered “prescribed sexual acts” pursuant to Ontario Regulation 615/20. The Member did not appeal her 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. The convictions demonstrate that the Member put Student 1 and Student 2, who were under her professional supervision, at risk when she engaged in criminal behaviour of a sexual nature towards them.

11The Panel also finds that the conduct for 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 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 in this case pursuant to section 63.2 of the Act.¹ The College does not seek any additional order.

12The 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.

13The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.

14The Panel denounces the Member’s misconduct in the strongest terms.

Footnotes

1. 1Although 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.