Committees at Work

Investigation Committee, Discipline Committee, Fitness to Practise Committee


Three committees of Council share the responsibility of disposing of complaints against members of the teaching profession.

The Investigation Committee screens all complaints and determines how the complaints will be addressed. The Discipline Committee holds hearings related to allegations of professional misconduct or incompetence. The Fitness to Practise Committee holds hearings related to allegations of incapacity.

Generally, three-member panels make decisions by considering the information related to a complaint. On February 1, 2021, the College entered its one-year governance transition period. During the transition period, panels are being composed of transitional roster members who were selected through an application process. Roster members have been vetted on a number of objective criteria, including competencies and experience. During the governance transition period, each panel includes at least one member of the public and at least one member of the teaching profession.

The College receives approximately 1,500 contacts annually from employers, members of the public and the profession, who raise issues concerning College members. About half of these concerns are more appropriate to resolve at the school or the local school board level. The remaining half are formal expressions of concern from the public and members, as well as employer reports, of which approximately 40 per cent are resolved at intake while the rest are dealt with by panels of the Investigation Committee.

In 2020, the Investigation Committee disposed of 303 complaints, and the Discipline and Fitness to Practise committees disposed of 100 matters.

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Investigation Committee

College staff investigate complaints in a fair and impartial manner and present the information gathered to an Investigation Committee panel. The panel has the authority to take one of the following actions in a complaint:

  • refuse to investigate the complaint if it determines that the complaint does not relate to professional misconduct, incompetence or incapacity;
  • refuse to investigate the complaint if it determines that the complaint is frivolous, vexatious, an abuse of process, manifestly without substance or made for an improper purpose;
  • not refer the complaint to either a Discipline or Fitness to Practise hearing and take no further action;
  • remind or advise the member in writing;
  • caution or admonish the member in writing or in person;
  • adopt a Memorandum of Agreement reached through complaint resolution;
  • refer the complaint in whole or in part to a Discipline or a Fitness to Practise hearing;
  • since September 2017, resolve matters related to Teacher Performance Appraisals by adopting an Agreement and Undertaking between the member and the College;
  • since November 2019, adopt agreements whereby members resign from the College and undertake never to reapply;
  • since February 2021, where the Investigation Committee believes that a member may be incapacitated, it may make inquiries regarding the member’s capacity and if it has reasonable and probable grounds to believe that the member may be incapacitated, it may require the member to submit to physical or mental examinations and suspend the member’s certificate until the member submits to the examinations.

Complaint Resolution Process at the Investigation Committee

When a case is deemed suitable and the parties agree, the College can use complaint resolution to resolve complaints about members. Since November 2017, the complaint resolution process, enabled under the Ontario College of Teachers Act, has been an effective alternative to an extended investigation. Under this process, a single-member panel of the Investigation Committee disposes of complaints by adopting a Memorandum of Agreement between the member and the College. Outcomes at Complaint Resolution are limited to reminders, advice (written), cautions and admonishments (written or in person). Participation in the program is voluntary and without prejudice to the parties if complaint resolution fails.

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Discipline Committee

The Discipline Committee considers allegations of professional misconduct and incompetence that are referred to it by the Investigation Committee, and sometimes by the Executive Committee (subject to changes to the College's governance structure). If a panel of the Discipline Committee finds that a member engaged in professional misconduct or meets the definition of incompetence set out in the Ontario College of Teachers Act it may do one or more of the following:

  • order the Registrar to revoke the member’s teaching certificate;
  • order the Registrar to suspend the certificate for up to two years;
  • order the Registrar to impose terms, conditions or limitations on the member’s teaching certificate;
  • order that the imposition of a penalty be postponed for a specific period and not be imposed if specified terms are met within that period;
  • if the act of professional misconduct consists of or includes sexual abuse, a prescribed sexual act or a prohibited act involving child pornography, order the member to reimburse the College for funding provided for a person under the College’s Funding for Therapy and Counselling Program, or order the member to post security acceptable to the College to guarantee the payment of any amounts the member may be required to reimburse the College.

Following findings of professional misconduct only, the panel may also:

  • order the member to be reprimanded, admonished or counselled by the committee;
  • impose a fine of up to $5,000 payable to the Minister of Finance; or
  • fix costs to be paid by the member to the College.

During the transitional period, each three-member panel of the committee will include at least one transitional roster member who is a member of the public and one transitional roster member who is a member of the profession and the College. This ensures that panels have both an understanding of the public interest and of the teaching profession. Panels make decisions by considering the evidence related to the allegations and the submissions of the College and the member.

Discipline Committee hearings are presumptively open to the public.

Fitness to Practise Committee

The Fitness to Practise Committee hears matters and determines if a member’s physical or mental condition makes them unfit to carry out their professional responsibilities, or if a member’s teaching certificate should be made subject to terms, conditions or limitations. Fitness to Practise hearings are generally closed to the public, in accordance with subsection 32(8) of the Ontario College of Teachers Act. Like Discipline panels, Fitness to Practise panels make decisions by considering the evidence related to the allegations and the submissions of the College and the member.

If a panel of the Fitness to Practise Committee finds a member to be incapacitated, it may direct the Registrar to revoke the member’s teaching certificate, suspend the certificate for up to two years, impose terms, conditions or limitations on the certificate, or direct that the imposition of a penalty be postponed for a specific period and not be imposed if specified terms are met within that period.

  

Investigation 

  • Charles Dimitry Abraham, OCT (e) (from May 21)
  • Robert (Bob) Cooper, OCT (a)
  • Tim Gernstein, OCT (e)
  • Erin Glen, OCT (e) (Vice-Chair from July 8)
  • Jacqueline Karsemeyer, OCT (e) (Chair)
  • Michelle Miner Seal (a) (to November 28)
  • Gerry O’Reilly, OCT (e) (to August 31)
  • Bonnie Oakes Charron (a) (from May 21)
  • Jennifer Wyatt, OCT (e)
  • Stephen Zimmermann, OCT (e) (Vice-Chair) (to March 5)

(a) = appointed
(e) = elected

Discipline

  • Diane Ballantyne, OCT (e)
  • John Cammarata (a)
  • Irene Dembek, OCT (e)
  • Richard Filion (a)
  • Rebecca Forte, OCT (e) (Vice-Chair)
  • Mary Ellen Gucciardi, OCT (e)
  • John Hamilton, OCT (e) (Chair)
  • Godwin Ifedi (a) (to March 18)
  • Élaine Legault (a) (from May 21)
  • Marlène Marwah (a) (to November 28)
  • Sara Nouini, OCT (e)
  • Wanda Percival (a) (from February 20)
  • Thomas (Tom) Potter (a)
  • Nicola Powadiuk, OCT (e)
  • Jonathan Rose (a)
  • Nancy Saunders, OCT (e) (from May 21)
  • Stéphane Vallée, OCT (e)

(a) = appointed
(e) = elected

Fitness to Practise

  • Diane Ballantyne, OCT (e) (Vice-Chair)
  • John Cammarata (a)
  • Irene Dembek, OCT (e) (Chair)
  • Richard Filion (a)
  • Rebecca Forte, OCT (e)
  • Mary Ellen Gucciardi, OCT (e)
  • John Hamilton, OCT (e)
  • Godwin Ifedi (a) (to March 18)
  • Élaine Legault (a) (from May 21)
  • Marlène Marwah (a) (to November 28)
  • Sara Nouini, OCT (e)
  • Wanda Percival (a) (from February 20)
  • Thomas (Tom) Potter (a)
  • Nicola Powadiuk, OCT (e)
  • Jonathan Rose (a)
  • Nancy Saunders, OCT (e) (from May 21)
  • Stéphane Vallée, OCT (e)

(a) = appointed
(e) = elected