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Application for judicial review dismissed because the complainant lacked standing to challenge the College's decision.
The applicant, a vice principal, sought judicial review of a decision by the Investigations Committee of the Ontario College of Teachers not to refer his complaint against a principal to the Discipline Committee.
The Divisional Court dismissed the application, finding that the applicant lacked standing.
As a mere complainant under the Ontario College of Teachers Act, he had no special or private interest in the decision beyond that of any member of the public.
Costs were awarded to the respondents on a partial indemnity basis.
Discipline charges against principal dismissed; majority found he met minimum standards despite student's escalating misbehaviour.
The Ontario College of Teachers brought discipline proceedings against a school principal, alleging professional misconduct and incompetence for failing to adequately respond to a student's escalating aggressive and sexually inappropriate behaviour.
The student's classroom teacher and parents had reported numerous incidents to the school's vice-principal and social worker.
The majority of the Discipline Committee dismissed the charges, finding that the principal met the minimum standard of performance and was not informed of the full extent of the problem until late in the school year, at which point he took immediate action.
A dissenting member would have found the principal guilty of professional misconduct for failing to proactively supervise his inexperienced vice-principal and failing to act in a timely manner.
