Ontario College of Teachers v. Jarman, 2025 ONOCT 9

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Jarman 2025 ONOCT 9

Date: 2025-02-24

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

Gianni Jarman, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

GIANNI JARMAN (REGISTRATION #661665)

PANEL: Myrna Tulandi, Chair Victoria Romero Hanno Weinberger, OCT

HEARD: February 20, 2025

COUNSEL: Ava Arbuck, for the Ontario College of Teachers Julianna Greenspan, for Gianni Jarman Emily Graham, 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 February 20, 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 Gianni Jarman (the “Member”) set out in a Notice of Hearing dated February 4, 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, this proceeding was heard electronically.

2The Member did not attend the proceeding but had 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 allegations set out in the Notice of Hearing in accordance with Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (“Rules”). College Counsel stated that after very carefully assessing the totality of the evidence and strength of the College’s case, there is insufficient evidence to obtain a finding of professional misconduct, and as such it would be in the public interest to withdraw the Notice of Hearing.

C. SUBMISSIONS OF MEMBER’S COUNSEL

5Member’s Counsel supported the request made by College Counsel. Member’s Counsel noted that the Member had wished to attend the hearing but had a school commitment that could not be rearranged.

D. DECISION

6On February 20, 2025, upon hearing the submissions of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated February 4, 2025.

E. REASONS FOR DECISION

7The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. The Panel accepts the reasons provided by College Counsel for the withdrawal of the allegations and notes that Member’s Counsel is in support of the request. The Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to expend the resources to proceed with a matter in which the College advises there is insufficient evidence to obtain a finding of professional misconduct.