Investigation Committee, Discipline Committee, Fitness to Practise Committee

Three College committees share the responsibility of disposing of complaints against members of the teaching profession.

The Investigation Committee conducts reviews of information related to all complaints. The Discipline Committee holds hearings on complaints related to alleged professional misconduct or incompetence. The Fitness to Practise Committee holds hearings on complaints related to alleged incapacity.

Three-member panels make decisions by considering the information related to a complaint. The College maintains a roster of experienced panel members who may be called to serve on a panel, even though they may no longer be members of Council. The panels are comprised of a combination of elected and appointed Council members, and may include one member of the roster.

The College is contacted by approximately 1,000 members of the public and the profession annually who raise issues concerning College members. About half of these concerns are resolved appropriately at the school or the local school board. The remaining half represent public and member complaints, as well as board reports, of which approximately 40 per cent are resolved at intake while the rest are dealt with by a panel of the Investigation Committee.

In 2018, the Investigation Committee disposed of 386 complaints, and the Discipline and Fitness to Practise committees disposed of 72 matters.

A row of school lockers

Investigation Committee

Under the direction of the Investigation Committee, College staff investigate complaints in a fair and impartial manner.

College investigators present the information gathered to an Investigation Committee panel. The panel has the authority to take one of the following actions in a complaint:

refuse to investigate a complaint if it determines that the complaint does not relate to professional misconduct, incompetence or incapacity
refuse to investigate a complaint if it determines that the complaint is frivolous, vexatious, an abuse of process, manifestly without substance or made for an improper purpose
refuse to investigate a complaint if it does not warrant further investigation or it is not in the public interest to investigate the complaint further
not refer the complaint to either a Discipline or Fitness to Practise hearing
caution or admonish the member in writing or in person
remind or advise the member in writing
ratify a memorandum of agreement (MOA) reached through complaint resolution or
refer the matter to a Discipline or a Fitness to Practise hearing
resolve matters related to teacher performance appraisal through an undertaking, an agreement entered into by a member with the College. This process was first considered by the Investigation Committee on September 14, 2017.

Complaint Resolution

When a case is deemed suitable and the parties agree, the College uses voluntary complaint resolution to resolve complaints. Complaint resolution can be an effective alternative to an extended investigation. Since January 31, 2018, complaints are disposed of through the adoption of a MOA by a single member panel of the Investigation Committee. Participation in the program occurs without prejudice to the parties.

A stairwell in a school

Discipline Committee

The Discipline Committee considers allegations of incompetence and professional misconduct that are referred to it by the Investigation Committee (and sometimes by the Executive Committee). If a panel of the Discipline Committee finds a member guilty of professional misconduct or incompetence it may do one or more of the following:

direct the Registrar to revoke the member’s teaching certificate
direct the Registrar to suspend the certificate for up to two years
direct the Registrar to impose terms, conditions or limitations on the member’s teaching certificate
direct that the imposition of a penalty be postponed for a specific period and not be imposed if specified terms are met within that period.

Following findings of professional misconduct only, the committee may also:

require the member to be reprimanded, admonished or counselled by the committee
impose a fine of up to $5,000 payable to the Minister of Finance, or
order costs to be paid by the member.

As at least one panel member is an appointed member of Council, the public is ensured a role in the hearings process. The panel is also comprised of at least one elected member of Council. It makes decisions by considering the evidence related to the allegations and submissions of the College and the member.

Discipline Committee hearings are open to the public.

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Fitness to Practise Committee

The Fitness to Practise Committee hears matters and determines whether a member’s physical or mental condition makes them unfit to carry out professional responsibilities, or if a member’s teaching certificate should be made subject to terms, conditions or limitations. Fitness to Practise hearings are not open to the public in accordance with the Ontario College of Teachers Act. The committee panels make decisions by considering the evidence related to the allegations and submissions of the College and the member.

If a panel of the Fitness to Practise Committee finds a member to be incapacitated, it may direct the Registrar to revoke the member’s teaching certificate, suspend the certificate for up to two years, or impose terms, conditions or limitations on the certificate.

Investigation

To June 30, 2018:

Pier-Olivier Arsenault, OCT (e)
Tim Gernstein, OCT (e) (Vice-Chair)
Jacqueline Karsemeyer, OCT (e)
James Knopp (a)
Michelle Miner-Seal (a) (from February 8, 2018)
Bill Petrie (a)
Robert Ryan, OCT (e) (Chair)
Anthony Samchek, OCT (e)
Jennifer Stewart, OCT (e) (to February 6, 2018)

From July 1, 2018:

Tim Gernstein, OCT (e)
Erin Glen, OCT (e)
Jacqueline Karsemeyer, OCT (e) (Chair)
James Knopp (a) (to September 4, 2018)
Colleen Landers (a)
Shannon Marcus, OCT (e)
Michelle Miner-Seal (a)
Gerry O’Reilly, OCT (e) (from November 9, 2018)
Nicole van Woudenberg, OCT (e) (to November 9, 2018)
Stephen Zimmermann, OCT (e) (Vice-Chair)

(a) = appointed
(e) = elected

Discipline

To June 30, 2018:

Jean-Luc Bernard, OCT (a)
Ann Ciaschini, OCT (e)
Marie-Thérèse Hokayem (a)
Godwin Ifedi (a)
Jane Ishibashi (a)
Colleen Landers (a)
Shanlee Linton, OCT (e)
Marlène Marwah (a) (from February 8, 2018)
Sara Nouini, OCT (e)
Claudia Patenaude-Daniels, OCT (e)
Brigitte (Bidal) Piquette, OCT (e)
Tom Potter (a)
Jonathan Rose (a) (from May 10, 2018)
Vicki Shannon, OCT (e) (Chair)
Stéphane Vallée, OCT (e)
Ravi Vethamany, OCT (e)
Wes Vickers, OCT (e)
(Vice-Chair)
Marie-Claude Yaacov (a) (to March 10, 2018)

From July 1, 2018:

Diane Ballantyne, OCT (e)
Jean-Luc Bernard, OCT (a)
Irene Dembek, OCT (e)
Rebecca Forte, OCT (e)
John Hamilton, OCT (e) (Vice-Chair)
Marie-Thérèse Hokayem (a) (to September 7, 2018)
Godwin Ifedi (a)
Jane Ishibashi (a) (to August 24, 2018)
Marlène Marwah (a)
Sara Nouini, OCT (e)
Alicia Nunn, OCT (e)
Tom Potter (a)
Jonathan Rose (a)
Stéphane Vallée, OCT (e)
Ravi Vethamany, OCT (e) (Chair)

(a) = appointed
(e) = elected

Fitness to Practise

To June 30, 2018:

Jean-Luc Bernard, OCT (a)
Ann Ciaschini, OCT (e)
Marie-Thérèse Hokayem (a)
Godwin Ifedi (a)
Jane Ishibashi (a)
Colleen Landers (a)
Shanlee Linton, OCT (e) (Chair)
Marlène Marwah (a) (from February 8, 2018)
Sara Nouini, OCT (e)
Claudia Patenaude-Daniels, OCT (e)
Brigitte (Bidal) Piquette, OCT (e)
Tom Potter (a)
Jonathan Rose (a) (from May 10, 2018)
Vicki Shannon, OCT (e)
Stéphane Vallée, OCT (e) (Vice-Chair)
Ravi Vethamany, OCT (e)
Wes Vickers, OCT (e)
Marie-Claude Yaacov (a) (to March 10, 2018)

From July 1, 2018:

Diane Ballantyne, OCT (e) (Vice-Chair)
Jean-Luc Bernard, OCT (a)
Irene Dembek, OCT (e) (Chair)
Rebecca Forte, OCT (e)
John Hamilton, OCT (e)
Marie-Thérèse Hokayem (a) (to September 7, 2018)
Godwin Ifedi (a)
Jane Ishibashi (a) (to August 24, 2018)
Marlène Marwah (a)
Sara Nouini, OCT (e)
Alicia Nunn, OCT (e)
Tom Potter (a)
Jonathan Rose (a)
Stéphane Vallée, OCT (e)
Ravi Vethamany, OCT (e)

(a) = appointed
(e) = elected