Shane C. D’Souza

The Ontario College of Teachers alleged that the Member, a teacher, committed professional misconduct by using physical force to direct and drag two students on separate occasions.

The Discipline Committee found that the College failed to prove the allegations.

Regarding the first incident, no direct evidence was presented.

Regarding the second incident, the Committee found that the Member used force to manage a student who posed a potential threat to himself and others, but the force was not excessive and did not result in any injuries.

The allegations of professional misconduct were dismissed.

The appellant appealed a decision of the Discipline Committee finding her guilty of professional misconduct.

The appellant argued that the Committee improperly reversed the onus of proof and applied a different standard in scrutinizing the evidence.

The Divisional Court dismissed the appeal, finding that the Committee correctly articulated the law respecting burden of proof and credibility, and reasonably concluded there was sufficient evidence to establish professional misconduct.

The Member, a Grade 8 teacher, pleaded guilty to professional misconduct for allowing students to leave their cabin unsupervised during a class trip and for posting photos of students on her personal Facebook page without parental permission.

The Discipline Committee accepted the Agreed Statement of Facts and found the Member guilty.

The Committee accepted a joint submission on penalty, ordering a reprimand and the completion of a professional boundaries course.

The Committee also ordered that the findings and order be published with the Member's name, rejecting the Member's request for publication without name, to serve the principles of specific and general deterrence.

The Ontario College of Teachers brought a discipline proceeding against a member for alleged professional misconduct and incompetence related to classroom management during the 2009-2010 academic year.

The member was accused of permitting student disruptions, failing to report potentially harmful misconduct, and failing to control students on a field trip.

The Discipline Committee found that the member repeatedly failed to submit required conduct reports and failed to adequately supervise students during several serious incidents, including a classroom intrusion and a stink bomb incident.

The Committee concluded that the member's acts of omission constituted professional misconduct and demonstrated incompetence, rendering her unfit to carry out professional responsibilities without terms, conditions, or limitations.

The Ontario College of Teachers brought disciplinary proceedings against a member for failing to adequately supervise and maintain appropriate safety standards in a shop classroom over a four-year period.

The member pleaded no contest to allegations of professional misconduct, including failing to prevent students from using equipment unsafely, resulting in injuries such as welder's flash.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand and imposing terms, conditions, and limitations on the member's certificate requiring the completion of courses in manufacturing-based technology and classroom management.

The Committee also ordered publication of the decision with the member's name, finding that the serious and repeated nature of the misconduct outweighed arguments for non-publication based on the passage of time.

The Township of Muskoka Lakes brought an application for judicial review to stop the Ministry of Natural Resources from leasing Crown lands to Swift River Energy Limited for the construction of a hydro-electric facility.

The Township argued that the Ministry's decision to issue a Notice under s. 28 of the Public Lands Act prohibiting public access to the lands was unreasonable and an attempt to thwart portage and public access rights.

The Divisional Court dismissed the application, finding that the Ministry's decision was reasonable given the public safety concerns associated with the site, where two drownings had previously occurred.

The court also noted that a lease of Crown lands does not constitute a disposition under s. 65(4) of the Act.

IIROC Staff applied for a hearing and review of an IIROC Hearing Panel decision that dismissed allegations against TD Securities Inc. (TDSI) for failing to comply with its trading supervision obligations.

The IIROC Hearing Panel had found that several TDSI traders entered artificial closing bids but concluded that TDSI's supervisory system was adequate.

On review, the Ontario Securities Commission found that the IIROC Hearing Panel did not overlook or misapprehend material evidence, nor did it err in law or proceed on an incorrect principle.

The Commission deferred to the IIROC Hearing Panel's factual determinations and its assessment of the adequacy of TDSI's multi-tiered supervisory system.

The application was dismissed.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against a member.

The College provided evidence that the member had passed away.

The Discipline Committee granted the motion, finding that the withdrawal of allegations was appropriate given the member's death and was not contrary to the public interest.

The Member, a principal and teacher, was found guilty of professional misconduct by the Discipline Committee of the Ontario College of Teachers.

The Member had previously been convicted in criminal court of sexual assault and sexual touching of a student under 14 years of age whom he was tutoring.

The Committee found that the criminal convictions constituted professional misconduct, including sexual abuse of a student.

The Committee ordered the revocation of the Member's Certificate of Qualification and Registration and directed that the decision be published with the Member's name.

The Ontario College of Teachers brought a motion to withdraw allegations of professional misconduct against the member, including allegations of sexual and psychological abuse of a student.

The withdrawal was sought on the basis that the member signed an undertaking to resign her membership, never seek reinstatement, and never teach again in Ontario.

The Discipline Committee granted the motion, finding that the withdrawal in exchange for the undertaking protected the public interest and ensured transparency through a notation on the public register.

The Ontario College of Teachers brought disciplinary proceedings against a member who was arrested for loitering naked outside the home of a former student.

The member pled no contest to allegations of professional misconduct, acknowledging that his off-duty conduct was unprofessional and unbecoming a member of the profession.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand, a three-month suspension, and conditions requiring psychiatric clearance and an ethics course before returning to teaching.

The Committee also ordered the publication of the member's name, finding that the serious nature of the off-duty conduct warranted transparency and general deterrence.

The Member, a teacher, faced allegations of professional misconduct for exchanging inappropriate emails of a sexual nature with a student and subsequently engaging in a sexual relationship with her after she graduated.

The Member pleaded no contest to the allegations.

The Discipline Committee found the Member guilty of professional misconduct and sexual abuse of a student.

Accepting a joint submission on penalty, the Committee ordered the immediate revocation of the Member's Certificate of Qualification and Registration.

The Committee also ordered the publication of the decision with the Member's name, rejecting arguments that it would cause undue harm to his spouse, emphasizing the need for general deterrence.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct.

The member operated a private outdoor adventure company and promoted it to students during school hours, falsely promising academic credits and failing to provide refunds for cancelled trips.

The member did not attend the hearing despite multiple adjournments.

The Discipline Committee found the member guilty of professional misconduct, including conflict of interest, failing to maintain professional standards, and disgraceful conduct.

The Committee ordered the revocation of the member's teaching certificate and publication of the decision.

The Member, a teacher, pleaded guilty to possessing child pornography contrary to the Criminal Code.

At a discipline hearing before the Ontario College of Teachers, the Member admitted the facts and pleaded guilty to professional misconduct.

The Discipline Committee accepted a joint submission on penalty, ordering the revocation of the Member's teaching certificate and publication of the decision with his name, emphasizing that possession of child pornography is a serious offense that warrants the harshest penalty to protect the public and maintain professional standards.

The appellant appealed a decision of the Discipline Committee of the Ontario College of Teachers, which proceeded in his absence after denying his request for an adjournment.

The appellant also brought a motion to introduce fresh evidence, claiming he had not received a letter outlining the shortcomings of his medical documentation.

The Divisional Court dismissed the motion for fresh evidence, finding the appellant had received the letter and his failure to provide the evidence earlier was due to a lack of diligence.

The court also dismissed the appeal, holding that the Committee's refusal to grant a further adjournment was a proper exercise of discretion and not a denial of natural justice, as the appellant had failed to comply with the reasonable conditions attached to a previous adjournment.

The Ontario College of Teachers brought discipline proceedings against a member for two separate incidents.

In the first, the member was found to have made highly inappropriate and profane comments to a pregnant student.

In the second, the member was found to have used profanity, yelled at special education students, and demonstrated ineffective classroom management.

The Discipline Committee found the member guilty of professional misconduct on both counts, ordering a three-month suspension, mandatory coursework in classroom management and sensitivity training, and publication of the decision.

The Member, an elementary school principal, pleaded no contest to allegations of professional misconduct arising from an inappropriate relationship with a student.

The Member engaged in ongoing personal electronic communications, met with the student outside of school, exchanged gifts, and spent extended periods alone with the student.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand and imposing conditions on the Member's certificate requiring psychological or psychiatric clearance before returning to work.

The Committee also ordered publication of the decision with the Member's name, emphasizing the need for specific and general deterrence.

The Ontario College of Teachers brought a discipline proceeding against a retired member who was criminally convicted of possessing child pornography.

The member did not attend the hearing but submitted a plea of no contest and agreed to a statement of uncontested facts.

The Discipline Committee found the member guilty of professional misconduct.

Given the severity of the conduct and the criminal conviction, the Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration.