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Minutes of Council Meetings

Minutes of the Meeting of the Governing Council of the Ontario College of Teachers, held on September 24 - 25, 1998 in the Council Chambers, 6th Floor, 121 Bloor Street East, Toronto.

Table of Contents

1. Call to Order and Welcome

2. Approval of Agenda

3. Approval of Minutes

4. Business Arising

5. Registrar’s Report

6. Committee Reports

7. Correspondence

8. New Business

9. Notices of Motion

10. Next Meeting

11. Adjournment

Session I

Date: Thursday, September 24, 1998

Present: Liz Barkley (conference call), Jackie Breithaupt, William Bryce, Larry Capstick, Doug Carter, Paul Charron, Wayne Cornack (conference call), John Cruickshank (Vice-Chair), Solette Gelberg, Michel Gravelle, Jean Hanson, Donna Marie Kennedy (Chair), Marilyn Laframboise, Diane Leblovic, Kathleen McFadyen, George Merrett, Karen Mitchell, Harry Mulvale, Nicholas Myrhorod, Ronald Rambarran, Cecilia Reynolds, William Rogers, Anthony Saldanha, Stan Shapson, James Sherlock, John Slade, David Somer, Clarice West-Hobbs, Margaret Wilson (Registrar)

Guests: Delegation from Hong Kong Council on Professional Conduct in Education (observers), Carolyn Zayid (Legal Counsel, McCarthy Tétrault)

Staff: Joe Atkinson, Margaret Aubé, Peter Brown, Elizabeth Clark, Genny Humby, Marie-France Le Fort, Richard Lewko, Patrick O’Neill, Charlie Morrison, Lynda Palazzi, Josie Peretti, Karen Spector

Regrets: Sandi Bell, Margaret Dempsey, Frances Thorne

1. Call to Order and Welcome

The Chair, Donna Marie Kennedy, called the meeting to order at 1:00 p.m. and welcomed those present including a delegation from Hong Kong who were present for part of the meeting.

Donna Marie Kennedy announced the resignations of Lynn Daigneault and Frances Hill and welcomed their respective replacements on Council, William Bryce and Ronald Rambarran.

The Chair reminded Council that Steering was comprised of John Cruickshank and Kathleen McFadyen. She also invited elected members to submit names to fill vacancies on the Accreditation, Finance and Election Committees.

2. Approval of Agenda (GC19980924-71)

The Chair informed Council that the Chair’s Report would become part of the Executive Committee Report. It was agreed to consider the Election Committee Report after the Report of the Investigation Committee.

Moved and seconded by Steering, and

CARRIED,

That Council approve the Agenda for the September 24-25, 1998 Meeting of the Governing Council of the Ontario College of Teachers as amended.

3. Approval of Minutes (GC19980924-72)

The Chair reported that the Minutes would be amended to include the appointment of William Rogers to the Investigation Committee.

It was moved and seconded by Steering, and

CARRIED,

That Council approve the Minutes of the May 28-29, 1998 Meeting of the Governing Council of the Ontario College of Teachers, as amended.

4. Business Arising

4.1 Investigation of Complaints against Council Members who are Members of the College (GC19980924-74)

It was moved and seconded by Steering, and

CARRIED,

That Council adopt a procedure for investigating complaints against council members who are members of the College.

4.2 Retention of Telephone Call Records (GC19980924-75)

It was moved and seconded by Steering, but

LOST,

That no record of a phone call of concern about a member by kept for longer than 90 days unless as a result of that phone call a formal complaint has been made in writing.

4.3 Criminal Records Screening Policy

(GC19980924-76)

Friendly amendments were made to the first recommendation, part one and the second recommendation part (c) to include the words “criminal record” and “by the applicant”.

It was moved and seconded by Steering and,

CARRIED,

That Council approve the following Ontario College of Teachers Criminal Records Screening Policy:

1. The Ontario College of Teachers requires both a criminal record check and a criminal record declaration by the applicant as necessary components of registration for new applicants.

2. The costs associated with the provision of the criminal record check and any appeals are to be borne by the applicant.

3. All positive reports of criminal offences will be examined by the Registrar to determine whether the record of offence(s) is relevant to the applicant’s honesty, integrity and/or suitability to practise the profession and whether the offence(s) constitute reasonable grounds for refusal to issue a certificate of qualification and registration, or to impose terms, conditions or limitations on registration, in accordance with Section 18(2) of the Ontario College of Teachers Act.

4. Applicants for registration by the Ontario College of Teachers will be advised of the reasons for the decisions of the Registrar to refuse certification or to impose terms, conditions or limitations and that appeals to these decisions will be determined in accordance with Part III of the Ontario College of Teachers Act.

It was moved and seconded by Steering, and

CARRIED,

That Council approve the following Criminal Records Screening implementation process:

a) January 1, 1999 be the target date for implementation of the Criminal Records Screening Policy.

b) A review of the Criminal Records Screening Policy be undertaken no later than 1 year after its implementation.

c) The Ontario College of Teachers recommend that a criminal record declaration by the applicant and/or criminal record check be a requirement for admission to faculties and employers of College members in the development of their own screening policies.

5. Registrar’s Report (GC19980924-77, GC19980924-115)

The Registrar, Margaret Wilson, spoke to her report. A question and answer period followed.

5.1 Appointment of Speaker (GC19980924-78)

The Registrar reported that the Executive had requested that she investigate the appointment of a speaker. It was anticipated the appointment would be made prior to the December Council meeting.

At approximately 3:25 p.m. contact with the teleconference participants Liz Barkley and Wayne Cornack was lost.

5.2 Draft Agreement on Labour Mobility Chapter of the Agreement on Internal Trade/Teaching Profession (GC19980924-79)

The report by the Registrar on the Draft Agreement on Labour Mobility Chapter was received.

It was moved and seconded by Steering and,

CARRIED,

That Council endorse in principle the Draft Agreement on the Application of the Labour Mobility Chapter of the Agreement on Internal Trade/Teaching Profession.

6. Committee Reports

6.1 Executive Committee

6.1.1 Report (GC19980924-80)

The report of the Executive Committee was received. Donna Marie Kennedy, Chair, thanked the Criminal Records Screening Committee for its work. She also made reference to the workload of council members. A question and answer period followed.

6.1.2 Conference Call Protocol (GC19980924-81)

It was moved and seconded by Steering and,

CARRIED,

That Council approve the protocol set out in document GC19980924-81, as the Conference Call Protocol of the Ontario College of Teachers.

6.1.3 Recognition for Retirees (GC19980924-82)

It was moved and seconded by Steering and,

CARRIED,

That Council approve that a Certificate of Retirement, commending a member for his/her contribution to the profession, signed by the Chair of the Council and/or the Registrar, be sent to the member upon receiving notification from the member of his/her retirement and resignation from the College.

6.1.4 French-speaking Representation on Committees and Panels (GC19980924-107)

The report on this matter was received. Friendly amendments were made to include the words “at the request of the Accreditation Committee” and “by the Executive Committee”.

It was moved and seconded by Steering and,

CARRIED,

That WHEREAS Section 3.06(d) of the Bylaws of the Ontario College of Teachers states that a Council meeting may only consider motions which the members of the Council agree to consider by a two-thirds vote of those in attendance, that Council consider the motion from Steering to amend the Bylaws.

It was moved and seconded by Steering and,

CARRIED,

That Council approve that Section 5.03(e) of the Bylaws of the Ontario College of Teachers be amended by the addition of the following words after the word ‘provide’:

‘In the event that the Committee is unable to constitute a panel of French-speaking Accreditation Committee members for the purpose of reviewing and making recommendations about the accreditation of a French-language pre-service or in-service program or provider at the request of the Accreditation Committee, up to three French-speaking members of Council may be appointed by the Executive Committee to a panel and the panel shall meet as directed by the Accreditation Committee’.

so that Section 5.03(e) of the Bylaws of the Ontario College of Teachers will read:

‘5.03(e) The Accreditation Committee may from time to time appoint a minimum of three members of the Committee to a panel and the panel shall meet as directed by the Committee, to review and make recommendations about the accreditation of a pre-service or in-service program or provider. In the event that the Committee is unable to constitute a panel of French-speaking Accreditation Committee members for the purpose of reviewing and making recommendations about the accreditation of a French-language pre-service or in-service program or provider, at the request of the Accreditation Committee, up to three French-speaking members of Council may be appointed by the Executive Committee to a panel and the panel shall meet as directed by the Accreditation Committee’.

6.2 Investigation Committee Report (GC1980924-83)

The Report of the Investigation Committee was received.

The Chair of the Committee, Harry Mulvale, announced that the two new members of the Investigation Committee were William Rogers and William Bryce. Karen Spector was welcomed as the new Senior Investigator of the Hearings and Investigations Department.

The meeting recessed at 5:32 p.m.

Session II

Date: Friday, September 25, 1998

Present: Jackie Breithaupt, William Bryce, Larry Capstick, Doug Carter, Paul Charron, John Cruickshank (Vice-Chair), Margaret Dempsey, Solette Gelberg, Michel Gravelle, Jean Hanson, Donna Marie Kennedy (Chair), Marilyn Laframboise, Diane Leblovic, Kathleen McFadyen, George Merrett, Karen Mitchell, Harry Mulvale, Nicholas Myrhorod, Ronald Rambarran, Cecilia Reynolds, William Rogers, Anthony Saldanha, Stan Shapson, James Sherlock, John Slade, David Somer, Clarice West-Hobbs, Margaret Wilson (Registrar)

Guests: Carolyn Zayid (Legal Counsel, McCarthy Tétrault)

Staff: Joe Atkinson, Margaret Aubé, Peter Brown, Elizabeth Clark, Genny Humby, Marie-France Le Fort, Richard Lewko, Patrick O’Neill, Charlie Morrison, Lynda Palazzi, Josie Peretti, Karen Spector

Regrets: Liz Barkley, Sandi Bell, Wayne Cornack, Frances Thorne

The meeting resumed at 9:03 a.m.

6. Committee Reports (continued)

6.3 Election Committee Report and Review of the Election Regulation (GC19980924-105 and GC19980924-94)

The report of the Election Committee was received. Doug Carter spoke to the report. A question and answer period followed.

It was moved and seconded by Steering and,

CARRIED,

That Whereas Section 3.06(d) of the Bylaws of the Ontario College of Teachers states that a Council Meeting may agree to consider by a two-thirds vote of those in attendance, that Council consider the Carter/Merrett motion to approve the proposed Election Regulation.

It was moved by Doug Carter and seconded by George Merrett that Council approve the proposed Election Regulation outlined in Document GC19980924-94.

It was moved by John Cruickshank and seconded by Diane Leblovic and,

CARRIED,

That Council approve that the recommendations of the Election Committee be referred back to the Election Committee for further study and report to the next meeting of the Governing Council.

6.4 Discipline Committee Report (GC19980924-84 and GC19980924-116C)

The report of the Discipline Committee was received. The Chair, George Merrett, spoke briefly to the report.

6.5 Fitness to Practise Committee Reports (GC19980924-85 and GC19980924-106)

The report and supplementary report of the Fitness to Practise Committee were received. The Chair, Marilyn Laframboise, thanked Cecilia Reynolds and Clarice West-Hobbs for their work on the committee and welcomed Margaret Dempsey and Jean Hanson as their replacements.

6.6 Registration Appeals Committee Report (GC19980924-86)

The Report of the Registration Appeals Committee was received. The Chair, Michel Gravelle, spoke briefly to the report.

6.7 Accreditation Committee Report (GC19980924-87)

The report of the Accreditation Committee was received. The Chair, Cecilia Reynolds, spoke to the report. A question and answer period followed.

At approximately 11:05 a.m., John Cruickshank, Vice-Chair of Council, assumed the Chair.

6.8 Finance Committee Report and 1999 Budget

6.8.1 Report and 1999 Budget (GC19980924-88, 89,90,91 and GC19980924-104)

The report of the Finance Committee was received. The Chair, Paul Charron, spoke to the report. A question and answer period followed.

It was moved by Donna Marie Kennedy and seconded by Kathleen McFadyen, and

CARRIED,

That Council approve the 1999 Budget of the Ontario College of Teachers, based on 165,200 members and that any excess of revenue in either the current year or 1999 be considered for transfer to the Reserve for Working Capital.

6.8.2 June 30, 1998 Financial Statements (GC19980924-92)

The June 30, 1998 Financial Statements were received.

At approximately 11:40 a.m., Donna Marie Kennedy assumed the Chair.

6.9 Standards of Practice & Education Committee Report (GC1980924-93)

The report of the Standards of Practice and Education Committee was received. The Chair, Clarice West-Hobbs, spoke briefly to the report.

7. Correspondence

7.1 Letter from Retired Teachers of Ontario (formerly Superannuated Teachers of Ontario) (GC1980924-99)

The correspondence from the Retired Teachers of Ontario and the response from the Chair of the Council were received.

8. New Business

8.1 Notices of Motion

8.1.1 Rogers/Capstick — Publication of Cases of Discipline Hearings (GC1980924-95)

It was moved by Harry Mulvale and seconded by Clarice West-Hobbs, and

CARRIED,

That Council approve that the Rogers/Capstick motion:

‘That when the Discipline Committee publishes brief descriptions of the cases schedule for hearings they do not name the member so called to appear before the panel’

be referred to the Executive Committee.

8.1.2 Rogers/Capstick — Publication of Descriptions and Findings by the Discipline Committee (GC1980924-96)

It was moved by William Rogers and seconded by Larry Capstick

‘That when the Discipline Committee publishes descriptions and findings of all cases heard by a panel, no names be noted unless they are in violation.’

The Chair ruled this motion out of order on the grounds that it conflicted with statutory provisions governing the College (Section 30 of the Ontario College of Teachers Act)

8.1.3 Hill/Bell — Communication between Committees (GC1980924-97)

In the absence of both the mover (Frances Hill had resigned from Council) and seconder, Diane Leblovic informed Council that she would speak to the seconder with the intent of bringing the motion forward at a future date.

8.1.4 Charron/Gravelle — Availability of Accreditation Review Panel Reports (GC1980924-98)

It was moved by Jackie Breithaupt and seconded by Margaret Dempsey, and

CARRIED,

That the Charron/Gravelle motion : ‘That the full report of each initial accreditation review panel, as received by the Accreditation Committee, be made available to all members of the Governing Council of the Ontario College of Teachers and to the members of the faculties of education reviewed, to the membership of the Ontario College of Teachers, and to the wider pubic on request’

be tabled.

8.2 Other

8.2.1 Additional Executive Committee Report

The Chair informed Council that a Special Meeting of the Executive was held on September 25, 1998 at which time the following appointments were made:

a) French-language Accreditation Panel

Michel Gravelle, Paul Charron, Marilyn Laframboise

b) Chair of the Quality Assurance Committee

Karen Mitchell

The Executive Committee also appointed Ron Rambarran to fill the vacant elected position on the Finance and Accreditation Committees and Jean Hanson to fill the vacant elected position on the Election Committee.

It was moved by John Cruickshank and seconded by Kathleen McFadyen and,

CARRIED,

That the Council confirm the appointment of Ron Rambarran to the Finance Committee and the Accreditation Committee.

9. Notices of Motion

No notices of motion were presented.

10. Next Meeting

The next meeting would be held on December 10 and 11, 1998.

11. Adjournment

The meeting adjourned at 1:35 p.m.

Signed: Chair

Dated

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