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Professional Learning Program repealed | New Council member | New programs accredited | Investigations | Dispute Resolution Program | Discipline Panel Decisions |
Discipline Panel DecisionsPanels of the Discipline Committee have ordered summaries of recent disciplinary cases to be published in Professionally Speaking. Member: Jennifer Elizabeth Allan A panel of the Discipline Committee held a public hearing on October 27, 2003 into allegations of professional misconduct against Jennifer Elizabeth Allan. Allan, 26, was certified to teach in 2000 and was employed by a private school in Toronto. Allan was present at the hearing and was represented by counsel. Allan faced five allegations of professional misconduct related to sexual
misconduct with a student. Beginning in the spring of 2001, Allan and the student met in various locations, including Allan's apartment, where she served him alcoholic drinks. They often engaged in kissing, hugging and cuddling. The relationship came to the attention of authorities when another teacher found e-mails between Allan and the student on a computer shared by various members of the school staff. Allan subsequently told the student to get rid of all the letters and photographs she had sent him. After the school suspended her pending an investigation, Allan continued to see the student. The panel accepted the agreed statement of facts and a joint submission on penalty submitted by College and defence counsel. College counsel withdrew the allegations of sexual abuse. The panel ordered Allan's Certificates of Qualification and Registration revoked. Allan agreed not to reapply for membership in the College for five years. The decision of the panel appears on the College's public register. Member: Joseph Wayne Arsenault A panel of the Discipline Committee held a public hearing on December 10, 2003 into allegations of professional misconduct against Joseph Wayne Arsenault. Arsenault, 36, was certified to teach in 1992 and was employed by the Niagara District School Board and the West Parry Sound Board of Education, now the Near North District School Board. Arsenault chose not to be present at the hearing but was represented by counsel. Arsenault faced eight allegations of professional misconduct related to sexual misconduct involving students and his conviction on criminal charges of assaulting a police officer and uttering threats. The panel received an agreed statement of facts, a guilty plea and a joint submission on penalty from the College's and the member's counsel. The panel heard evidence that Arsenault was convicted in 1998 under the Criminal Code of Canada of assault of a peace officer and in 2000 of uttering death threats to two OPP officers. He also pleaded guilty in 2001 to resisting arrest. The panel granted the College's motion to withdraw allegations of sexual
abuse of a student or students. The decision of the panel appears on the College's public register. Member: Piero Cirilli A panel of the Discipline Committee held a public hearing on October 20, 2003 into allegations of professional misconduct against Piero Cirilli. Cirilli, 49, was certified to teach in 1979 and was employed by the York Catholic District School Board. Cirilli chose not to be present at the hearing nor to be represented by counsel. Cirilli faced seven allegations of professional misconduct related to the sexual assault of a male student he was tutoring. The panel heard that during the 2000-01 school year, Cirilli was acting as a private tutor to a 15-year-old male who was also his student at school. During a private tutoring session at the student's home, Cirilli began to massage the student's shoulders. When the student immediately stood up and moved to another room, Cirilli followed him and sexually assaulted him. In November 2001, Cirilli pleaded guilty to charges of sexual touching under the Criminal Code of Canada. He was given a conditional sentence of 14 months to be followed by two years of probation. Cirilli was also prohibited from possessing any weapon for a period of five years. In an agreed statement of facts, Cirilli pleaded guilty to the allegations and accepted that his behaviour constituted professional misconduct. The panel ordered Cirilli's Certificates of Qualification and Registration revoked. The decision of the panel appears on the College's public register. Member: Amadou Diallo A panel of the Discipline Committee held a public hearing on September 17, 2003 into allegations of professional misconduct and incompetence against Amadou Diallo. Diallo, 51, was certified to teach in 1995 and was employed by the Peel District School Board. Diallo chose not to be present at the hearing nor to be represented by counsel. Diallo faced seven allegations of professional misconduct related to failing to maintain proper order and discipline in the classroom and failure to ensure a safe and productive learning environment. The panel heard evidence that throughout his employment from November 1999 to March 2000 as a teacher at two Peel District schools, Diallo experienced difficulty in maintaining classroom discipline and in satisfying expectations of teaching competency. The school administration provided support to help him but his teaching did not improve. Students complained of Diallo's demeaning and sarcastic manner. Diallo was the subject of three unsatisfactory teacher performance appraisals between May and December 2000. When a school board superintendent was scheduled to observe his classroom teaching in January 2001, Diallo took sick leave and later resigned. In an agreed statement of facts presented to the panel, Diallo admitted that he failed to give clear instructions to his students, failed to learn his students' names, displayed a lack of proficiency in the English language, prepared inadequate lesson and behaviour management plans, could not develop satisfactory long-range and weekly lesson plans, failed to keep scheduled appointments, abused his students verbally and failed to return their work. The panel found Diallo guilty of professional misconduct and ordered Diallo's Certificates of Qualification and Registration be suspended for six months. The suspension is to be imposed only if Diallo fails to meet the terms and conditions identified by the panel. Under the terms and conditions, Diallo agreed to produce within 30 days a satisfactory teacher performance evaluation for the 2002-03 school year, and failing that, a suspension will be imposed for one year or until the member produces the satisfactory performance evaluation. Diallo agreed to inform the Registrar if he begins employment as a teacher. He agreed to complete, at his own expense, two courses of study in classroom management and discipline and in effective lesson planning, and he agreed to undergo two more teacher performance appraisals within one year of beginning employment as a teacher. If his performance does not remain satisfactory, the six-month suspension may be imposed. Diallo also agreed to inform the Registrar of any formal disciplinary action arising from any teaching position within one year of the date of the order. The decision of the panel appears on the College's public register. Member: A.L.E. A panel of the Discipline Committee held a public hearing on September 29, 2003 into allegations of professional misconduct and/or incompetence against a member of the College. A.L.E., 66, was certified to teach in 1961. The member chose not to attend the hearing but was represented by counsel. A.L.E. faced six allegations of professional misconduct related to his conviction on charges of sexual abuse of children. In an agreed statement of facts, A.L.E. admitted that he sexually assaulted seven boys between January 1, 1973 and December 1974. Between May 1975 and March 2000, the member was convicted of charges of sexual assault, indecent assault and gross indecency under the Criminal Code of Canada in relation to the seven boys. As a result of one appearance in court he was sentenced to 12 months imprisonment and 36 months probation. He received suspended sentences and probation. The panel accepted the member's plea of guilty to professional misconduct and ordered his Certificates of Qualification and Registration revoked. The panel heard arguments from both counsel with respect to the member's request that his name not be published in Professionally Speaking. The panel accepted A.L.E.'s submission that he has not reoffended since 1974 and has continued to take psychiatric treatment. The panel found that the public interest would not be further served by publication of the member's name. The decision of the panel appears on the College's public register. Member: Stephen Robert Guerin A panel of the Discipline Committee held a public hearing on October 20, 2003 into allegations of professional misconduct and incompetence against Stephen Robert Guerin, also known as Stephen Christopher Hart. Guerin, 48, was certified to teach in 1979 and was employed by the Peterborough-Victoria-Northumberland and Newcastle Roman Catholic District School Board. Guerin chose not to attend the hearing nor to be represented by counsel. Guerin faced 10 allegations of professional misconduct related to his criminal conviction on charges of weapons offences, possession of child pornography and the use of forged documents. The panel heard evidence that Guerin used fraudulent qualifications in his application for a teacher's certificate, which was granted to him in the name of Stephen Christopher Hart, and that he also used forged documents in applying for employment as a teacher. Guerin pleaded guilty in criminal court to charges of possession of child pornography, relating to possession of approximately 4,000 photographic images stored on his computer and sexually explicit movies involving children. In March 2003 he pleaded guilty to criminal charges of using forged documents, carrying a concealed weapon, storing firearms in a careless manner and failing to report the loss of firearms. Guerin was sentenced to five months in jail, in addition to the eight-and-a-half months he had already been incarcerated, and three years probation. The panel received an agreed statement of facts in which Guerin admitted to the allegations and pleaded guilty to professional misconduct. He agreed to surrender his Certificates of Qualification and Registration immediately. Guerin also agreed to never teach again in any public or private school in Ontario or elsewhere and to never seek reinstatement in the College. The decision of the panel appears on the College's public register. Member: A.M.H. A panel of the Discipline Committee held a public hearing on September 17, 2003 into allegations of professional misconduct and incompetence against A.M.H. of Mississauga. A.M.H., 41, was certified to teach in 1988. He was present at the hearing and was represented by counsel. A.M.H. faced seven allegations of professional misconduct related to the use of physical force against a student. The panel heard evidence that A.M.H. appeared before a disciplinary panel in January 2001 when he pleaded guilty to professional misconduct as a result of aggressive conduct towards a male student. The member was reprimanded and required to take an anger management course at his own expense. At that time the panel ordered the member's employer to report to the College if there were any further incidents involving physical aggression with a student. In October 2001 the member grabbed an 11-year-old male student by the arm and shouted at him. A.M.H. apologized to the student and was reprimanded by the school board. As required by the previous discipline panel's order, the board reported the incident to the College. The panel received an agreed statement of facts in which A.M.H. pleaded guilty to the allegations. The panel ordered the member's Certificates of Qualification and Registration to be suspended for two months. The suspension is to be postponed for one year and will not be imposed if A.M.H. meets conditions identified by the panel. The member must undertake two teacher performance appraisals with his school board, which are to be forwarded to the College. If the member's performance is unsatisfactory or the Registrar fails to receive the performance appraisals, the suspension may be imposed. The panel granted the member's request that only his initials be published, noting that he had apologized to the student and since the incident had received a satisfactory teacher performance appraisal. The decision of the panel appears on the College's public register. Member: Patrick Joseph Herlihey A panel of the Discipline Committee held a public hearing on December 4, 2003 into allegations of professional misconduct against Patrick Joseph Herlihey. Herlihey, 51, was certified to teach in 1976 and was employed by the Peterborough Victoria Northumberland and Clarington Catholic District School Board. Herlihey was present at the hearing and was represented by counsel. Herlihey faced seven allegations of professional misconduct related to his conviction on criminal charges of sexual assault. The panel heard that beginning in 1984, Herlihey sexually assaulted a 14-year-old male student who attended the church where Herlihey, an ordained Roman Catholic priest, was a parish priest. Herlihey engaged in inappropriate behaviours with the student, which included hugging and kissing him and sexual touching. In January 2001 Herlihey was convicted of charges under the Criminal Code of Canada of sexual assault and sexual touching. The panel received a memorandum of agreement from the College and defence counsel in which Herlihey pleaded guilty to the allegations and accepted that they constituted professional misconduct. Herlihey agreed not to re-apply for reinstatement in the College for three years and not to engage in employment where Certificates of Qualification and Registration are required. The panel found that Herlihey had committed professional misconduct and engaged in sexual abuse. The panel ordered Herlihey's Certificates of Qualification and Registration revoked. The decision of the panel appears on the College's public register. Member: William James Kernaghan A panel of the Discipline Committee held a public hearing on September 15, 2003 into allegations of professional misconduct and/or incompetence against William James Kernaghan. Kernaghan, 69, was certified to teach in 1957 and was employed by the Toronto District School Board. Kernaghan chose not to be present at the hearing but was represented by counsel. Kernaghan faced eight allegations of professional misconduct related to his conviction on charges of sexual assault of students. The panel heard evidence that Kernaghan was found guilty in the Ontario Court of Justice of 27 charges of sexual assault, indecent assault and gross indecency involving 16 female students and one male student between nine and fourteen years of age. The incidents occurred during years 1972 to 1987 at three schools where Kernaghan taught. Kernaghan threatened and coerced one student to have sexual intercourse with him in his car. Following his conviction on criminal charges in December 1999, Kernaghan was sentenced to five years' imprisonment. Kernaghan pleaded no contest to the allegations. The panel found Kernaghan guilty of professional misconduct and ordered his Certificates of Qualification and Registration revoked. Kernaghan undertook never to teach again in any public or private school in Ontario or elsewhere and never to seek reinstatement in the College. The decision of the panel appears on the College's public register. Member: Philip Louis King, also known as Philip Louis Roy A panel of the Discipline Committee held a public hearing on December 8, 2003 into allegations of professional misconduct against Philip Louis King, also known as Philip Louis Roy. King, 39, was certified to teach in 1997 and was employed as a Kindergarten teacher by a private school in Hong Kong. King was present at the hearing and acted as his own counsel. King faced seven allegations of professional misconduct related to accessing and viewing web sites containing child and adult pornography on computers on school property. King pleaded not guilty to the allegations against him. According to an agreed statement of facts presented to the panel by College counsel and King, the member was assigned a laptop and desktop computers by the private school. During November and December of 2002 King and other staff members were informed of the school's policy prohibiting using the school's computers to access inappropriate material such as pornography. In January 2003 technical personnel at the school became aware of attempts made through King's computers to access pornographic sites. On January 8, 2003 the school inspected King's computers and found that between September 2001 and December 2002 he had searched the Internet for sites containing adult pornography, teenage pornography and pre-teen and child pornography. King argued that he had not broken any laws in Hong Kong, that his accessing of pornography sites had occurred outside of school hours, that no child had been a witness to it, and that the school should have made it technically impossible for him to access pornographic web sites through the school system. The panel found King's arguments to be without substance and found him
guilty of professional misconduct. The panel ordered King's Certificates of Qualification and Registration suspended for two years. The panel also ordered King to undergo at his own expense sensitivity training with regard to pornography and a psychological assessment on his fitness to return to full-time teaching without posing a risk to students. Reports on completion of the sensitivity training and psychological assessment are to be sent to the Registrar, who must find the results satisfactory before King can be reinstated at the end of the suspension period. The decision of the panel appears on the College's public register. Member: Richard Knill A panel of the Discipline Committee held a public hearing on April 15, 16, June 17, 18 and November 26, 2003 into allegations of professional misconduct or incompetence against Richard Knill. Knill, 39, was certified to teach in 1991 and was employed by the Peel District School Board as a secondary school teacher. Knill was present at the hearing and was represented by counsel. Knill faced eight allegations of professional misconduct related to sexual touching of female students. The panel heard evidence that in 1992, on two occasions Knill drove a 15-year-old female student alone in his vehicle and kissed her. Knill was interviewed by police following the first incident and was warned against putting himself in circumstances where allegations of inappropriate behaviour might occur. After the second incident, Knill was charged under the Criminal Code of Canada but was found not guilty. In November 2000 Knill drove another 15-year-old student to a school event. Knill engaged in sexual touching, which the student resisted. The student later reported Knill's behaviour to another teacher and a report was made to the Children's Aid Society. Knill was criminally charged with sexual touching but was found not guilty. In a memorandum of agreement Knill admitted to having committed acts that would reasonably be regarded as unprofessional and to conduct unbecoming a member. The panel found Knill guilty of professional misconduct. The panel ordered that Knill be reprimanded and that Knill's Certificates of Qualification and Registration be suspended for two months. He must undertake, at his own expense, a course of instruction and reinforcement of boundary issues and a psychiatric assessment. Reports of the course of instruction and the psychiatric assessment are to be sent to the Registrar. If the assessment determines that Knill is not a risk to students and/or the school community and that he is fit to return to teaching, the suspension will not be imposed. Knill also undertook not to return to teaching pending completion of the course of instruction and the psychiatric assessment. The decision of the panel appears on the College's public register. Member: A-Miron Kurczak A panel of the Discipline Committee held a public hearing on November 17, 2003 into allegations of professional misconduct and incompetence against A-Miron Kurczak. Kurczak, 53, was certified to teach in 1975 and was employed by the Peel District School Board as an occasional teacher. Kurczak chose not to be present at the hearing nor to be represented by counsel. Kurczak faced eight allegations of professional misconduct related to his conviction on charges of uttering threats and dangerous driving. The panel heard evidence that the allegations of professional misconduct arose from two incidents. In April 1999 Kurczak was involved in an altercation in which he rammed a vehicle several times and later struck two police cruisers that were attempting to block him from leaving the parking lot. He was charged and found guilty of uttering threats and dangerous driving. Kurczak was sentenced to 90 days in jail and was subject to conditions including an order to keep the peace for three years. The second incident occurred in November 1999 while Kurczak was teaching a Grade 8 class. Kurczak got into an argument with a 13-year-old male student. He grabbed the student by the neck and arm, causing bruising. The student fell or was pushed against a chair. Kurczak was later charged and pleaded guilty to assault. He was given 18 months probation and a conditional discharge. Kurczak pleaded no contest to the allegations of professional misconduct, which were presented in an agreed statement of facts. The panel ordered that Kurczak's Certificates of Qualification and Registration be suspended for 18 months and that he be reprimanded. The panel also directed that Kurczak receive instruction, at his own expense, regarding appropriate discipline techniques and classroom management. The College must receive proof that Kurczak has completed the course at least one month prior to him taking up any teaching duties after the period of suspension has ended. The decision of the panel appears on the College's public register. Member: Shawn Catherine Marcon A panel of the Discipline Committee held a public hearing December 3, 2003 into allegations of professional misconduct and incompetence against Shawn Catherine Marcon. Marcon, 37, was certified to teach in 1998 and was employed by the Sudbury Catholic District School Board. Marcon was present at the hearing and was represented by counsel. Marcon faced seven allegations of professional misconduct related to her use of negative classroom management techniques. The panel received an agreed statement of facts in which Marcon acknowledged that between September 2000 and January 2002 she used negative classroom reinforcement in her Grade 5 classroom. Marcon inappropriately singled out certain students in connection with their conduct, behavioural weaknesses and limitations. Marcon told her class that if they were not more careful in how they did their work, they would end up without jobs and on welfare. She struck a male student on the arm, and on a number of occasions referred to individual students as fat, stupid and a 'spazz'. Some of the students' parents raised concerns about Marcon's behaviour with the school administration and the school board, but the board concluded after an investigation that concerns had been addressed adequately by the school and recommended no disciplinary action. The panel found the member guilty of professional misconduct and ordered Marcon to be reprimanded. Marcon agreed to take, at her own expense, a course in classroom management and positive classroom discipline. Proof of successful completion of the course is to be sent to the Registrar within one year. Marcon also agreed to request that her school board conduct two consecutive teacher performance appraisals of her within one year and to inform the Registrar if that request is denied. A report of the evaluation is to be sent to the Registrar within one year. Marcon must also immediately inform the College of any formal disciplinary action against her within the next year arising from inappropriate discipline of students. The decision of the panel appears on the College's public register. Member: Steven Edward Moore A panel of the Discipline Committee held a public hearing on September 15, 2003 into allegations of professional misconduct and/or incompetence against Steven Edward Moore. Moore, 59, was certified to teach in 1982 and was employed by the Toronto District School Board. Moore chose not to be present at the hearing or to be represented by counsel. Moore faced six allegations of professional misconduct relating to inappropriate
behaviour with students. The panel heard that during the 1979-80 school year Moore invited two 17-year-old female students to his apartment. On occasion the two students slept in Moore's apartment. Between 1997 and 1999, Moore acted inappropriately with another student, socializing with her outside school, driving her to school, giving her gifts and cards and books of poetry. He also paid for her to accompany him on vacation to Cuba. As well, Moore attempted to establish an inappropriate relationship with the student's mother. On a weekend camping trip with students from the school, he appeared nude briefly and ought to have known that some of the students were smoking marijuana. The panel also heard that Moore discussed two female colleagues with the student and made disparaging remarks about a fellow teacher and another staff member to the student. The panel ordered Moore's Certificates of Qualification and Registration be revoked immediately. The decision of the panel appears on the College's public register. Member: Emmett Jamieson R. O'Neill A panel of the Discipline Committee held a public hearing on January 12, 2004 into allegations of professional misconduct and/or incompetence against Emmett Jamieson R. O'Neill. O'Neill, 51, was certified to teach in 1979 and was employed by the Bruce-Grey Catholic District School Board. O'Neill chose not to be present at the hearing or to be represented by counsel. O'Neill faced nine allegations of professional misconduct related to verbally abusive, intimidating and harassing conduct towards colleagues and students. The panel received an agreed statement of facts in which O'Neill pleaded no contest to allegations that he created a harmful work and learning environment for female teachers and students, made threats of workplace violence and made disparaging remarks about colleagues. In December 1995 O'Neill was charged under the Criminal Code of Canada with uttering threats to cause serious bodily harm. In January 1996 the member was dismissed by the board and in October 1996 the criminal charge was withdrawn on the condition O'Neill enter into a peace bond for one year. The panel found O'Neill guilty of professional misconduct and directed the Registrar to suspend the member's Certificates of Qualification and Registration for six months. The suspension will not be imposed if there are no further reports to the College of professional miscondu-ct within one year. O'Neill must also attend, at his own expense, one session of counselling on the inappropriateness of his conduct. O'Neill must provide the Registrar with proof within 30 days that the counselling session has occurred. The decision of the panel appears on the College's public register. Member: David Russell Pratt A panel of the Discipline Committee held a public hearing on October 22 and 23, 2003 into allegations of professional misconduct against David Russell Pratt. Pratt, 38, was certified to teach in 1989 and was employed by the Halton Region District School Board. Pratt was present at the hearing and was represented by counsel. Pratt faced five allegations of professional misconduct related to soliciting teenage girls for sex. The panel accepted a memorandum of agreement attesting to the fact that between September 1998 and July 2001, on a number of occasions, Pratt approached teenage females not linked to the school to persuade them to engage in sexual activity with him. Among other incidents, in September 1998, Pratt approached two females aged 14 and 16 and tried to convince them to get into his car but they refused. The matter was investigated by the police and Pratt was cautioned by the school board against any such future behaviour. On more than one occasion in July 2001, Pratt approached 15, 16 and 17-year-old females for sexual purposes and engaged in sexual touching when they entered his car. Pratt acknowledged he did not show appropriate concern about their ages. Pratt was charged with sexual assault and forcible confinement under the Criminal Code of Canada with regard to the incident with the 17-year-old but was found not guilty. The panel found Pratt guilty of professional misconduct in that his behaviour would reasonably be regarded by members as unprofessional and was conduct unbecoming a member of the College. The panel ordered that Pratt be reprimanded and his Certificates of Qualification and Registration be suspended for two months. The suspension was postponed on condition that Pratt undergo a psychiatric assessment, at his own expense, to provide evidence to the Registrar that he is fit to teach. If the psychiatric report determines that Pratt is fit to return to the classroom, the suspension will not be imposed. In the event the psychiatric assessment determines that Pratt is not fit to resume teaching, the matter of penalty may be addressed by a different panel of the Discipline Committee. The decision of the panel appears on the College's public register. |