|
|
Discipline Panel DecisionsPanels of the Discipline Committee have ordered summaries of recent disciplinary cases to be published in Professionally Speaking. Member: B.E.D. A panel of the Discipline Committee held a public hearing on March 3, 2003 into allegations of professional misconduct against B.E.D. of Owen Sound. B.E.D., 56, was certified to teach in 1992. The member was present at the hearing and was represented by counsel. B.E.D. faced one allegation of professional misconduct related to making inappropriate comments to a student. The panel heard evidence that in 2002, while teaching a Grade 10 class, B.E.D. made a comment to a student about a homework assignment saying, "If you really believe everything is as bad as all that, you might as well go home, get a gun and shoot yourself" or "end it all." The panel heard that immediately following the incident the member contacted the school board's employee assistance plan, began counselling and saw the family doctor. The panel accepted a memorandum of agreement in which the member accepted as true the allegation set out in the Notice of Hearing and pleaded guilty to professional misconduct. The panel ordered B.E.D. to be admonished. The admonishment is to be recorded on the public register for two years from the date of the order. The member must, within 30 days of ratification of the agreement, provide the Registrar with written confirmation from the practitioner who is providing counselling that the member has engaged in counselling with respect to the events that gave rise to the complaint. The panel noted that the member's conduct was a one-time occurrence and there was no evidence the member's actions represented an ongoing pattern of behaviour. The panel ordered that the published summary of its decision include the member's initials only. The decision of the panel appears on the College's public register. Member: Tina Concepita Kovacs A panel of the Discipline Committee held a public hearing on May 15, 2002 into allegations of professional misconduct against Tina Concepita Kovacs of Stoney Creek. Kovacs, 54, was certified to teach in 1972 and was employed as a teacher by the Peel District School Board. Kovacs chose not to be present at the hearing but was represented by counsel. Kovacs faced seven allegations of professional misconduct related to verbal abuse and threats involving students and colleagues. The panel heard evidence that in 1999 teacher evaluations prepared by her principal and later supported by the board superintendent noted that Kovacs exhibited a "seeming inability to appropriately control her anger" and that her interaction with students was negative, demeaning and sarcastic. The panel also heard evidence that Kovacs used profane and otherwise inappropriate language to other staff members and students and made loud and profane remarks about the principal. In December 1999, Kovacs was charged under the Criminal Code with uttering death threats. As a result, the member agreed to keep the peace and not have any contact with the principal for a year. During the 2000-2001 school year, Kovacs began employment at another school where teacher evaluations determined that the member did not demonstrate the expectations of effective teaching. Kovacs's employment was terminated in May 2001. Based on an agreed statement of facts submitted by the College counsel and the member's counsel, the panel found Kovacs guilty of professional misconduct. The panel ordered that Kovacs's Certificates of Qualification and Registration be suspended until September 1, 2003 and that the member be reprimanded. The panel also directed that the member undergo, at her own expense, psychiatric assessment and treatment, during which time the psychiatrist was to report regularly to the Registrar that she was continuing therapy. At the conclusion of therapy, the psychiatrist was to inform the Registrar that the member had successfully completed treatment. The member was also required to complete, at her own expense, a course in anger management and arrange a report of successful completion of the course to the Registrar. The panel ordered that publication of the hearing results were to be postponed until the conditions were met. The decision of the panel appears on the College's public register. Member: Durk Gordon Townsend A panel of the Discipline Committee held a public hearing on February 24, 2004 into allegations of professional misconduct against Durk Gordon Townsend of Bancroft. Townsend, 49, was certified to teach in 1982 and was employed by the Hastings and Prince Edward District School Board. Townsend was present at the hearing and was represented by counsel. Townsend faced six allegations of professional misconduct related to a criminal conviction for assault. The panel received evidence that Townsend pleaded guilty in June 2000 to a charge under the Criminal Code of committing an assault. He was sentenced to 15 days in custody and 12 months of probation. He was also required to participate actively in an anger management program and to continue with counselling. In the agreed statement of facts, Townsend pleaded guilty to professional misconduct by failing to maintain the standards of the profession and was guilty of conduct unbecoming a member. The panel commented that although the member's conduct was serious, it was outside the school setting and had no impact on students, the school or the school community and was dealt with effectively and appropriately by the criminal courts. Under the terms of a joint submission on penalty, the panel ordered that Townsend be reprimanded and that the reprimand be recorded on the public register for one year. The member is also required to provide the Registrar with reports from the appropriate practitioners that he has completed the anger management program and that he has completed counselling. Both reports are to be provided at the member's own expense. The decision of the panel appears on the College's public register. Member: N.N.W. A panel of the Discipline Committee held a public hearing on February 24, 2004 into allegations of professional misconduct and/or incompetence against N.N.W. of Mississauga. N.N.W., 44, was certified to teach in 1992 and was employed by the Halton District School Board. N.N.W. was present at the hearing and was represented by counsel. N.N.W. faced seven allegations of professional misconduct related to inappropriate behaviour involving a student. The panel received an agreed statement of facts in which N.N.W. admitted to a failure to meet the standards of the profession in failing to maintain the proper teacher/student boundaries. The member pleaded guilty to allegations of conduct unbecoming a member. In the agreed statement of facts, N.N.W. indicated that in the spring of 1999, a 15-year-old student developed an attachment to the member, which the member reported to the student's social worker. The panel heard that N.N.W., in order to help the student, began to engage in what the member acknowledged were unwise and inappropriate activities outside the appropriate teacher/student dynamic. The activities included giving the student small amounts of money, buying the student small gifts and engaging in inappropriate personal conversations. The panel found the member guilty of professional mis-conduct and accepted the joint submission as to penalty. The member was admonished and this fact is to be recorded on the public register for a period of two years. N.N.W. agreed to continue counselling at the member's own expense on teacher/student boundary issues. The therapist is to report to the Registrar at least semi-annually respecting the member's progress until the counselling is completed. The member agreed not to return to teaching until the Registrar had received a final report from the therapist confirming that N.W.W. is fit to return to teaching. The member also agreed that if the terms and conditions were not met, the matter would be referred back to the Discipline Committee for an appropriate penalty. The panel agreed to a submission by the member's counsel that only the member's initials appear in the publication of the results of the hearing. The decision of the panel appears on the College's public register. Have you moved? Are you moving?Ensure that your address is up to date! Report your address change to the College via our web site at www.oct.ca. |
