investigations

The College investigates and considers complaints about members that relate to alleged professional misconduct, incompetence or incapacity. If the Investigation Committee concludes that a complaint does not relate to one of those three matters or is frivolous, vexatious or an abuse of process, it does not proceed with the complaint.

Approximately four out of five complaints are not referred to the Discipline Committee but are dismissed or resolved by other means. Examples of cases considered by the Investigation Committee and not referred to a hearing are provided here.

Case #1
Complaint: Verbal and physical abuse of a student
Outcome: Admonishment for physical abuse

A former student complained that a former high school vice-principal had verbally and physically assaulted the student in an altercation in the school corridor. Having completed exams within the allotted time, the student asked for permission from the teacher to leave the classroom to buy a snack from the school's vending machine.

The teacher asked the vice-principal if permission could be granted and the vice-principal refused, stating that students were not allowed in the hallways, where the vending machine was situated, during exams. Regardless, the student left the classroom and went to the vending machine, followed by the vice-principal.

There the student and the vice-principal engaged in a verbal and then physical altercation, which was captured on the school's closed-circuit television, as the student attempted to purchase the snack.

A panel of the Investigation Committee reviewed the complaint, including the footage of the physical altercation, and concluded that the alleged verbal abuse did not relate to professional misconduct, but that the member should be admonished in writing for engaging in the physical restraint of the student as depicted in the film of the events.

Case #2
Complaint: Failure to presume innocence of student and allowing an expulsion hearing to proceed without affording the student an opportunity to respond
Outcome: No investigation undertaken

A parent complained to the College that the member, a supervisory officer, had failed to properly supervise the principal at the school attended by the parent's child and had failed to presume the student's innocence during an expulsion process.

The parent also complained that the member had allowed the process to proceed without allowing the student the opportunity to respond to the allegations, permitted a flawed process because all documents had not been provided to the student five days prior to the hearing, failed to ensure that the facts submitted at the hearing were accurate and failed to ensure that the concepts of "natural justice" prevailed.

The complaint was considered by a panel of the Investigation Committee, which directed that the matter not be investigated because it was within the purview of the school board.

Case #3
Complaint: Verbal abuse and physical assault by a colleague
Outcome: Written caution

A member of the College complained about the behaviour of a colleague, also a member, at a social function for school staff at the end of the academic year. The complainant alleged that the member, who appeared intoxicated, confronted and slapped the complainant across the face, before two other colleagues escorted the member from the premises.

The complainant said that the incident, which happened in the presence of colleagues and other staff, embarrassed the complainant.

Following the incident, the member wrote two letters of apology to the complainant, who was dissatisfied and was seeking a "public" apology at the next staff meeting.

In response to the complaint, the member admitted that the incident and actions were inappropriate and lacked judgment, but that no malice or violence was intended.

A panel of the Investigation Committee considered the complaint and the member's response and directed that the member be cautioned in writing that, even at social functions held off school premises, a member is required to behave in a manner befitting a member of the Ontario College of Teachers.