Ontario
Divisional Court Upholds College Fitness to Practise Decision
A three-judge panel of the Ontario
Divisional Court upheld on February 21 the College's decision to suspend Barrie-area
teacher Laura Sclater until she attends at least 20 sessions of a therapy and counselling
program at her own expense and reports back to the College.
The case marked the first time a decision of the College was appealed to the courts and
received extensive media coverage throughout Ontario and Canada. Fitness to Practise
hearings and decisions are not public under the Ontario College of Teachers Act,
but become part of the public domain once they are appealed through the justice system.
The Divisional Court judges stressed in their decision the expertise of the College's
Fitness to Practise panel members and their understanding of the duties of a teacher and
the complexities of the profession. The College's Fitness to Practise panels are made up
of two elected teachers and one public representative from Council.
In the case under appeal, panel members took into consideration expert advice given at
the hearing, but felt a more thorough course of action was necessary to ensure the
protection of the public and children in particular. The judges agreed that panel members
are not bound to follow expert advice to the letter.
The Divisional Court recognized that as a self-governing profession, teachers
understand exactly what the duties and responsibilities of teachers are and should be
allowed through their College to make the decisions necessary in the best interest of the
public.
COLLEGE HEARING
Sclater, 30, admitted in a statement of facts - presented
at the College's Fitness to Practise hearing and provided to the court in her appeal
papers - to a relationship that included extensive and inappropriate correspondence - some
64 pieces of correspondence - and an exchange of gifts with a young teenage student under
her supervision.
Expert opinion presented at the hearing highlighted the immaturity,
abuse of authority and serious breach of professionalism shown by Sclater's behaviour.
Panel members also heard about the potential negative impact of the teacher's behaviour on
the student.
The panel ordered the therapy and counselling program because of the serious boundary
violations Sclater engaged in and the concerns raised about her ability to act in a
position of trust and carry out her duties as a teacher. Sclater failed to demonstrate
knowledge of personality, social and psychosexual development in school age children and
adolescents.
Panel members also indicated that they are not convinced Sclater fully recognizes the
seriousness of her behaviour and its potential impact on students.
The panel set out clear objectives for Sclater's therapy and counselling program, and
the member must provide to the Registrar evidence of successful completion of the therapy
and counselling program and a further psychiatric assessment before she appears again
before the Fitness to Practise Committee. The panel may then decide to lift the conditions
or make further orders, if appropriate.
Council Establishes Fee
Stabilization Fund
The College Council has established a $2 million Fee Stabilization Fund
to support plans to maintain the College membership fee at $90 for a longer time.
The Council approved the measure at its February meeting. The fund represents a
commitment to use current resources to maintain the fee at current levels.
The College's 1999 audited financial report shows an excess of revenue because of a
strong increase in memberships in all categories. However, growth in members has also
brought an increase in a demand for services. The College's Finance Committee has forecast
a deficit for 2001 if the fee remains at $90.
According to the 1999 financial report, another strong contributing factor in the
unexpected excess of revenue comes from requests for evaluation of credentials from
teachers trained in Canada but outside Ontario. The requests are coming in at a faster
pace than in 1998 and are now almost equal to those coming from applicants trained outside
Canada.
Revenues from advertising in Professionally Speaking/Pour parler profession
and interest on investments are up, according to the financial report, but employee
compensation and Council and committee expenses are below budget.
The annual fee of $90 was set when the College was established in 1997 and is the
lowest for regulatory bodies in Ontario.
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