Ontario College of Teachers v. Tabaeini, 2025 ONOCT 66

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Tabaeini 2025 ONOCT 66

Date: 2025-10-29

DECISION AND REASONS ON MOTION

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 Pouria Tabaeini, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

POURIA TABAEINI (REGISTRATION #678037)

PANEL: Adam Lee, OCT, Chair Rachelle Coleman Kayla Stephenson

HEARD: October 23, 2025

APPEARANCES: Zirka Jakibchuk, for the Ontario College of Teachers No one appearing for Pouria Tabaeini Ahmad Mozaffari, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.

1On October 23, 2025, counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from a panel of the Discipline Committee (the “Panel”) to withdraw the allegations against Pouria Tabaeini (the “Member”) set out in a Notice of Hearing dated May 1, 2025 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (“Rules”), this proceeding was heard electronically.

2The Member did not attend the proceeding and did not have legal representation.

A. PUBLICATION BAN

3The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (the “Act”), which makes such an order mandatory. Accordingly, no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.

B. SUBMISSIONS OF COLLEGE COUNSEL

4College Counsel sought the Panel’s permission to withdraw the allegation set out in the Notice of Hearing, in accordance with rule 13.13 of the Rules, for the following four reasons. First, College Counsel submitted that after assessing the totality of the evidence and strength of the College’s case, there is insufficient evidence to obtain a finding of professional misconduct. Second, the public interest has already been served as the Member’s Certificate of Qualification and Registration (“Certificate”) was revoked by an order of the Discipline Committee, on July 25, 2025, in relation to another matter (Exhibit 3). Furthermore, given that the Member was found to have engaged in a prescribed sexual act—as defined in section 1 of the Act—that did not involve a student, the Member shall not apply for a new certificate until five years following the date of that Order (Act, s. 33(4.1)). Third, even if the College were to prove the allegation, it is highly unlikely—given the insufficiency of evidence—that a finding of professional misconduct in this case would lead to a penalty outcome beyond the penalty of revocation ordered by the Discipline Committee on July 25, 2025 (Exhibit 3). College Counsel submitted that it would not be appropriate, in this case, for the College to seek permanent revocation of the Member’s Certificate nor would it be appropriate for the Panel to make such an order. College Counsel submitted that from an efficiency and public protection standpoint, it makes more sense to devote College resources to other matters posing a serious and pressing risk to students and the public. Lastly, in order to ensure transparency and accountability of the College’s discipline process, the Discipline Committee’s decisions are available to the public on online and legal databases. It will also remain clear on the Member’s public register that his Certificate is revoked in connection to the Discipline Committee’s July 25, 2025, Order. For these reasons, College Counsel submitted that it would be appropriate and in the public interest to withdraw the Notice of Hearing in this case.

C. DECISION

5On October 23, 2025, upon hearing the submissions of College Counsel, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated May 1, 2025.

D. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested, pursuant to rule 13.13 of the Rules. The Panel accepts the submissions of College Counsel and finds that the withdrawal of the Notice of Hearing, in these circumstances, is reasonable and appropriate and protects the public interest. It is not in the public interest to expend resources to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of professional misconduct.