Teacher Misconduct and The Ontario College of Teachers

Teacher Misconduct and The Ontario College of Teachers : 

Educators Governing Themselves Teacher Misconduct and The Ontario College of Teachers Lisa Lahey, B.Ed.

What is Teacher Misconduct? : 

What is Teacher Misconduct? Misconduct occurs in various forms and ranges from direct harm to students (such as physical or sexual abuse) or a detrimental act to the education profession (such as falsifying documentation of education courses). Misconduct by educators occurs either on the school campus or with members of the school community, but can also happen outside of the school and does not involve students.

Ontario’s Education ActRegulation 437/97 Professional Misconduct : 

Under Regulation 437/97 some acts defined as professional misconduct include: 1. Failing to keep records. 2.Failing to supervise a person who is under the supervision of the member. 3. Signing a document that the member knows contains a false or misleading statement. 4.Falsifying a record relating to the member’s responsibilities. Ontario’s Education ActRegulation 437/97 Professional Misconduct View Regulation 437/97 on the OCT website

What About False Allegations? : 

What About False Allegations? Unfortunately false allegations happen and often. When a teacher is falsely accused of misconduct the results are devastating for the teacher and the school community. The Ontario College of Teachers (OCT) tries to ensure that everyone is treated fairly but student accusations are taken very seriously, and depending on the nature of the allegation teachers are often unfairly suspended until investigations clear them of all charges.

When a Teacher is Accused of Professional Misconduct : 

When a Teacher is Accused of Professional Misconduct Investigations are conducted using a process called Dispute Resolution (DR). There are several stages: Intake, Investigation, Complaint resolved, dismissed or referred to the Discipline Committee, teacher is found Not Guilty, or Restrictions or Suspensions result, or Teacher’s license is revoked.

Teacher Misconduct: Theft & Drug Addiction : 

Teacher Misconduct: Theft & Drug Addiction In this case there was no intake from a member of the public. The administration conducted an investigation due to thefts committed on school property. It was believed a staff member was committing the thefts since the area where the items were kept was locked and required a key. Once it was ascertained which staff member was involved the investigation moved forward to the Discipline Committee.

Slide 7: 

The Discipline Committee held a public hearing into the theft allegations against the teacher for taking student medication from a school storage closet. The school installed surveillance cameras. The cameras caught the member unlocking the storage cabinet and inside the principal’s office. The member acknowledged taking Dexedrine and Ritalin without authorization from a locked storage closet in the school.

Slide 8: 

The member apologized by letter, made restitution and filed a report with the Crown. The charges of theft under $5,000 were dropped. Having considered the evidence, an agreed statement of facts and the submission of counsel, the panel suspended the member’s Certificates of Qualification for three months.

Slide 9: 

In addition, the panel directed the member to provide the Registrar with a psychiatrist’s report annually for three years and every three years thereafter until the member stopped teaching. The order provided proof of fitness to continue teaching and attested to the member’s compliance with recommended treatment, counselling and medication.

Teacher Misconduct: Alcohol Abuse : 

Teacher Misconduct: Alcohol Abuse A teacher in The Northside‑Victoria District School Board in Nova Scotia discharged a teacher under Article 76, Section 20.04 (sic) from its employ “for demonstrated inability to perform duties due to alcohol or drug related illness.” As a result of his failure at rehabilitation through the Employee Assistance Program and despite following the prescribed steps, the Board had no option but to terminate the teacher’s contract. The Employees Assistance Program Operation worked with the teacher in a specific manner.

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John Yorke was a 43‑year old teacher who suffered from alcoholism. Apart from job performance problems arising from alcohol, Yorke was a good teacher. Yorke's problems with alcohol began in 1979‑1980. He became dependent on alcohol to function. Yorke was in serious difficulty with his employer in 1980 which resulted in his being granted a leave of absence without pay.

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Before taking his leave the immediate supervisor reviewed the performance record of the teacher and pointed out the documented work related weaknesses. The supervisor advised the teacher that improvement in the teacher’s performance must be forthcoming and suggested that if there was a personal problem the supervisor would help.

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After returning to work Yorke had twice the number of sick days than usual but administration had no evidence they were alcohol related.Yorke was advised to enroll in a reabilitative program, he refused and it was made clear that he did not have the right to refuse. After Yorke attended rehab there were no alcohol‑related problems until June 1990. A serious incident occurred as a result of alcohol abuse when Yorke submitted student marks that were incorrectly tabulated.

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The Vice-Principal compared them with the marks on Mr. Yorke's exam papers. There were serious errors and if they had not been corrected adverse consequences might have followed. The graduation of some students could have been jeopardized and low marks might have jeopardized university scholarships. Yorke himself admitted to the serious situation and that he had been drinking heavily when he tallied the marks. The Board discharged Yorke. Read the full case about John Yorke

Teacher Misconduct: Indecent Assault Against Minors : 

A Discipline Committee panel held a public hearing into professional misconduct against a male teacher related to a criminal conviction for indecently assaulting minors. The teacher did not attend the hearing. The court sentenced the teacher to serve five years in federal prison for the indecent assault of three males under the age of 18. The court also placed a lifetime ban on his attending public areas where children under the age of 14 were likely to be present. Teacher Misconduct: Indecent Assault Against Minors

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The board dismissed him in April 2007. He lost his appeal in August 2008. Having considered the evidence, standard of proof, and the submissions of College counsel, the panel found the teacher guilty of professional misconduct, revoked his Certificate of Qualification and published the case with the member’s name. The member committed indecent acts on minors over long periods of time, threatened violence and committed gross abuse of trust.

Sexual Misconduct : 

Sexual Misconduct A Discipline Committee held a public hearing into allegations of professional misconduct against Laura Glen Sclater. Sclater was employed as a teacher by the Simcoe County District School Board. Sclater attended the hearing and was represented by counsel. The allegation against Sclater was that she engaged in conduct unbecoming a member.

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The agreed statement of facts indicated that Sclater wrote a series of letters to a 13-year-old male student. The letters led to a complaint to the College and a hearing that resulted in conditions being placed on Sclater's certificate. The parents launched a lawsuit against the teacher and the board. Police investigated but did not lay charges as the student confirmed there had been no physical contact between the teacher and him. Within weeks of Sclater returning to the classroom in September 2000, new allegations of sexual misconduct surfaced.

Slide 19: 

Sclater was charged with sexual assault, sexual interference and invitation to sexual touching. The allegations concerning sexual misconduct were also added to the lawsuit against Sclater. Sclater was found not guilty of the criminal charges in July 2002. The judge indicated the victim was not a reliable witness and he expressed concerns about the conduct of the victim's mother. Following Sclater's acquittal the family dropped the lawsuit against her. The DC panel found Sclater guilty of professional misconduct. She was reprimanded and notice of her reprimand appeared on the College's public register for 3 years. Read the full case about Laura Glen Sclater.

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Teacher Misconduct: Theft from a Colleague On occasion Discipline Committees will retract a member’s dismissal by a school board. In order for a DC to do this the member has to have a good overall teaching record, acknowledge and display remorse for the action, and voluntarily undergo rehabilitation. The consequences of the member’s act cannot prove to be severely harmful to the College, a peer or the member him/herself. Of course these transgressions do not include proven abuse of students.

Teacher Misconduct: Theft from a Colleague : 

Teacher Misconduct: Theft from a Colleague A Discipline Committee held a public hearing into allegations of misconduct against a teacher for a criminal conviction for theft. The member, who taught school for the Durham DSB, stole cash and a credit card from a colleague which she used to buy jewellery and electronics. The items were found in her home.

Teacher Misconduct: Theft : 

The member pleaded guilty to the criminal charges. She was given a conditional discharge, 12 months probation, community service and ordered to attend counselling. In December 2007, the board fired her. The panel said the member “failed to maintain the standards of the profession by stealing from a colleague.” Teacher Misconduct: Theft

Slide 23: 

“This is a fundamental betrayal of trust,” the panel wrote. “This action also contravenes the Education Act expecting teachers to serve as role models. The member’s actions were serious, fraudulent and deceitful toward her colleague. This conduct was dishonourable, unprofessional and unbecoming a member.”

Slide 24: 

Having considered the evidence the panel suspended her Certificate of Qualification until the end of June 2009. The reprimand provided an opportunity for peer counselling “to ensure understanding of ethical behaviour.” The panel decided that suspension was more appropriate than revocation as “the member understood her transgression, the goods were recovered, and she continued rehabilitation.” Watch a Youtube video about a High School teacher committing theft against students

Teacher Misconduct: Verbal Abuse of Students : 

Teacher Misconduct: Verbal Abuse of Students A female teacher was reinstated by the Simcoe County School Board after being dismissed for verbal abuse of her students. The penalty was a suspension without pay of four and one half years. The teacher taught the Life Skills program for students 14 and 21 years with physical and/or mental challenges.  The Chair of the arbitration found that the Board had proved three allegations of misconduct, but had not proven a number of other allegations.

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He found that the grievor had an inappropriate argument with student J in during a class trip to a skating rink.  The grievor ordered J to dispose of a cup left on a table, while J disputed that the cup was his. The Chair also found that there was unnecessary physical contact with J but he made no finding as to the severity of the contact given conflicting testimony. The Chair found there were two incidents of misconduct with student V. One occurred when the class was at the skating rink, and V was put in a “time out” for more than one hour. The Chair found the conduct of the grievor to be “improper and unjustified”.

Slide 27: 

The Chair found there was serious misconduct when V did not stand for the National Anthem.  The teacher yelled and pulled V to her feet for a time out.  The Chair concluded that the grievor’s conduct warranted a “disciplinary response” but not termination. The Chair considered several facts in giving the teacher a second chance: her excellent teaching record; lack of proof of harm caused;  and her understanding of the need to improve her skills. Read this case about verbal and physical abuse of students.

Other Issues in the Teaching Profession : 

Teacher misconduct is not always involved in dismissals, suspensions and restrictions. Other unprofessional and unacceptable behaviours contribute to difficulties in education and occasionally a breach in public trust. Poor teacher performance, negative attitude and impatience with students and staff often contribute to problems in the schools and boards. Other Issues in the Teaching Profession

Teacher Suspensions: Various Offences : 

Teacher Suspensions: Various Offences Watch a YouTube video about a teacher verbally berating a Kindergarten student. Certainly berating a 5-year-old child in front of his class is unacceptable. However this child has a daily behaviour folder, indicating regular and significant behaviour problems at school. The teacher has been suspended without a chance to explain her side of the story.

Teacher v. Christianity : 

Teacher v. Christianity Watch a Youtube video about a student who wins a lawsuit against a high school teacher as he opposes religion. An American high school teacher was caught on audiotape lecturing against Christianity to his students. He made glib comments that may have been sarcasm rather than sincerity.

School Misconduct: Evolution v. Creationism : 

Watch a YouTube video entitled Protect Science in the Classroom. A Texas teacher was terminated for forwarding an email to her staff about a lecture on creationism. The school insisted that creationism opposes the science of evolution. She was terminated without a hearing. Student allegations are at an all-time high. Should teachers now concern themselves with their own schools and boards? School Misconduct: Evolution v. Creationism

Teacher Performance and Competence : 

Teacher Performance and Competence Brenda Nicholson was employed with the Rolling River School Division, Manitoba, as a resource and remedial English teacher. Nicholson was advised that she had not met the Division’s basic expectations of their teachers.  The Division stated that Nicholson was confrontational, argumentative, and unwilling to accept direction from her immediate supervisor in order to improve her performance and as a result she was terminated.

Slide 33: 

Nicholson, exercising her right under s. 92(4)(a), required that the matter of the termination of her employment agreement be submitted to arbitration. The Board heard evidence from four witnesses called by the Division. There were no allegations that Nicholson had engaged in culpable misconduct.  Indeed the evidence established that Nicholson was a conscientious employee who, “tried very hard” to fulfill her employment responsibilities. However her deficiencies were not minor, but related to issues of substance and important content.

Slide 34: 

Nicholson’s performance, her attitude, her conduct during meetings, her relationship with the supervisors her shortcomings and her strengths and her ability to do the job were closely examined.  The Board stated the reason for termination to be “lack of competence” given the nature of the concerns raised and the superintendent’s own reference to competency in his concluding paragraph.  Nicholson was not re-hired. Read the full case against Brenda Nicholson

Consequences for Misconduct : 

Consequences for Misconduct The Ontario College of Teachers regards teacher misconduct very seriously and seeks to protect students and the integrity of education. It imposes a variety of consequences for misconduct and various inappropriate behaviours depending on the offence. These include: Admonishment Suspension Restrictions Revoking Certificate for an allotted time period Rehabilitation Counselling Publishing member`s name in the industry magazine Termination