DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS NOTICE OF HEARING

Transcription

1 DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS BETWEEN: ONTARIO COLLEGE OF TEACHERS and CHARLOTTE LEONE PASSMORE, OCT NOTICE OF HEARING THE INVESTIGATION COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS, pursuant to section 26, subsection (5) of the Ontario College of Teachers Act, 1996 (the Act ), Statutes of Ontario, 1996, chapter 12, has directed that the matter hereinafter described regarding the conduct or actions of Charlotte Leone Passmore, Certificate No , be referred to the Discipline Committee of the Ontario College of Teachers. IT IS ALLEGED that Charlotte Leone Passmore is guilty of professional misconduct as defined in the Act in that: (a) she practised or purported to practise the profession while under the influence of a substance or while adversely affected by dysfunction, contrary to Ontario Regulation 437/97, subsection 1(8); (b) she failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15); (c) she contravened a law, the contravention of which is relevant to the member s suitability to hold a Certificate of Qualification and Registration, contrary to Ontario Regulation 437/97, subsection 1(16);

2 - 2 - (d) (e) (f) she contravened a law, the contravention of which has caused or may cause students under the member s professional supervision to be put at or remain at risk, contrary to Ontario Regulation 437/97, subsection 1(17); she committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and she engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19). PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS: 1. Charlotte Leone Passmore (the Member ) is a member of the Ontario College of Teachers. 2. At all material times, the Member was employed by the Thames Valley District School Board (the Board ) as an occasional teacher. 3. On or about November 26, 2011, the Member operated a motor vehicle while her ability to operate the motor vehicle was impaired by alcohol. 4. On or about March 26, 2012, the Member did not report to work and/or enter an absence in the Board s online reporting system. 5. On or about April 19, 2012, the Member operated a motor vehicle having consumed alcohol in such quantity that the concentration of alcohol in her blood exceeded 80mg of alcohol in 100ml of blood. 6. On or about April 20, 2012, while on assignment at Parkside Collegiate Institute ( Parkside ), the Member: (a) did not report to work;

3 - 3 - (b) gave false information to Parkside s administration about her whereabouts. 7. On or about July 5, 2012, the Member was found guilty of having care and control of a motor vehicle while she was impaired by alcohol contrary to subsection 253(1)(a) of the Criminal Code (Canada). 8. On July 5, 2012, the Member was also found guilty of operating a motor vehicle with more than 80mg of alcohol in 100ml of blood contrary to subsection 253(1)(b) of the Criminal Code (Canada). 9. She was sentenced to a 30 day jail sentence to be served intermittently and suspended from driving for a period of 12 months. 10. In September 2014, while on assignment at Lord Dorchester Secondary School ( Lord Dorchester ), the Member: (a) (b) attended a morning sports practice under the influence of alcohol; commented to the supervising teacher at the practice, words to the effect that she had gone out the night before, and was feeling it. 11. On or about November 12, 13, and 14, 2014, while on assignment at Sir Frederick Banting Secondary School ( Sir Frederick Banting ), the Member reported to work under the influence of alcohol. 12. On or about November 14, 2014, while on assignment at Sir Frederick Banting, the Member brought a can of beer to work and/or drank the beer during work hours.

4 On or about May 22, 2015, the Member was observed by staff members at Lord Dorchester to be in an unfit state and/or smelling of alcohol and/or with blood shot eyes. THE DISCIPLINE COMMITTEE WILL HOLD A HEARING pursuant to sections 30 and 32 of the Ontario College of Teachers Act, 1996, to decide whether the allegations are true and whether Charlotte Leone Passmore is guilty of professional misconduct. A copy of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee will be provided upon request. THE DISCIPLINE COMMITTEE WILL MEET on Monday, April 3, 2017 at 9:00 a.m. to set a date for the hearing of this matter. The Committee will meet on the 12th floor of the offices of the Ontario College of Teachers at 101 Bloor Street West, Toronto, Ontario. YOU ARE ENTITLED TO BE PRESENT ON THE ABOVE MENTIONED DATE AND AT THE HEARING AND TO BE REPRESENTED BY LEGAL COUNSEL. If you wish, you or your legal counsel may contact College Counsel to discuss the scheduling of a hearing date to determine whether a date for the hearing can be agreed upon. If a date for the hearing can be agreed to, in accordance with Rule 4.02(2) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, the hearing will proceed on the agreed date. IF A DATE FOR THE HEARING OF THIS MATTER IS NOT AGREED UPON AND YOU DO NOT ATTEND ON APRIL 3, 2017 TO SET A DATE FOR THE HEARING OF THIS MATTER, THE DISCIPLINE COMMITTEE MAY PROCEED IN YOUR ABSENCE TO SET A DATE FOR THE HEARING. NOTICE OF THE HEARING DATE WILL BE PROVIDED TO YOU IN WRITING AT YOUR LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE COLLEGE. IF YOU DO NOT ATTEND ON THE SCHEDULED HEARING DATE, THE DISCIPLINE COMMITTEE MAY PROCEED IN YOUR ABSENCE AND YOU WILL NOT BE PROVIDED WITH ANY FURTHER NOTICE OF PROCEEDINGS.

5 - 5 - IF THE DISCIPLINE COMMITTEE FINDS YOU GUILTY of professional misconduct, you are liable to the penalties set out in section 30 of the Act. A MEMBER whose conduct is being investigated in proceedings before the Discipline Committee may examine before the hearing any written or documentary evidence that will be produced or any report, the contents of which will be given as evidence at the hearing. You or your representative may contact the office of Caroline Zayid of McCarthy Tétrault LLP, solicitor for the College in this matter, at Suite 5300, Toronto Dominion Bank Tower, Toronto, ON M5K 1E6, telephone Date: 13 March 2017 Michael Salvatori, OCT Chief Executive Officer and Registrar Ontario College of Teachers 12 th Floor, 101 Bloor Street West Toronto, ON M5S 0A1 TO: Charlotte Leone Passmore [XXX] [XXX] AND TO: KNC Law 2255B Queen Street East, Suite 548 Toronto, ON M4E 1G3 Kirsty Niglas-Collins, Solicitor for the Member

6 B E T W E E N : ONTARIO COLLEGE OF TEACHERS - and - CHARLOTTE LEONE PASSMORE, OCT DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS NOTICE OF HEARING McCarthy Tétrault LLP Suite 5300 Toronto Dominion Bank Tower Toronto, ON M5K 1E6 Caroline R. Zayid Tel Fax Christine Lonsdale Tel Fax Solicitors for the Ontario College of Teachers #