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Minutes of Council Meetings

MINUTES

Council Meeting

Council Chambers, 15th Floor,

101 Bloor Street West, Toronto

June 7-8, 2012
Minutes of the Council Meeting of the Ontario College of Teachers held on June 7-8, 2012 in the Council Chambers, 15 th Floor, 101 Bloor Street West, Toronto

TABLE OF CONTENTS

1. Call to Order/Welcome

2. Agenda

3. Conflict of Interest

4. Minutes

4.1 Meeting, March 29-30, 2012

5. New Business

5.1 Recommendations to Council - Independent Review of the College's Investigation and Disciplinary Processes and Outcomes, and Dispute Resolution Program

6. Committee Reports

6.1 Finance Committee)

6.1.1 Audited Financial Statements as at December 31, 2011

6.1.2 Appointment of Auditor

6.1.3 Finance Committee Report

7. New Business (Continued)

7.1 Recommendations to Council - Independent Review of the College's Investigation and Disciplinary Processes and Outcomes, and Dispute Resolution Program (Continued)

8. Business Arising

9. Registrar's Report

9.1 Report

9.2 Financial Report as at April 30, 2012

10. Chair's Report

10.1 Report

11. Committee Reports (Continued)

11.1 Standards of Practice and Education Committee.

11.2 Human Resources Committee

11.3 Executive Committee

11.4 Investigation Committee

11.5 Discipline Committee

11.6 Fitness to Practise Committee

11.7 Registration Appeals Committee

11.8 Accreditation Committee

11.9 Accreditation Appeal Committee

11.10 Editorial Board

11.11 Election Committee

11.12 Nomination Committee

11.13 Quality Assurance Committee

12. Correspondence. 34

13. New Business (Continued) 34

13.1 College Bylaws - Proposed Amendment to Section 25 - Contents of Register

13.2 Suspended Non-Payment of Fees vs Inactive/ non-practising Membership

14. Notices of Motion

14.1 Suspended Non-Payment of Fees vs Inactive/ non-practising Membership

15. Next Meeting(s) of Council

16. Adjournment

Minutes of the Council Meeting of the Ontario College of Teachers held on June 7-8, 2012 in the Council Chambers, 15th Floor, 101 Bloor Street West, Toronto

Session 1: June 7, 2012

Present : Danny Anckle, Alexander (Sandy) Bass, OCT, Shabnum Budhwani, Carlo Cappello, OCT, Marie-Louise Chartrand, Monique Châteauvert, Rebecca Coulter, OCT, Irene Dembek, OCT, Marc Dubois, OCT,
Martha Dutrizac, OCT, Dean Favero, OCT, Monika Ferenczy, OCT, Nick Forte, OCT, Dobi-Dawn Frenette, (from 2:10 p.m.) Robert Gagné, Clyde Glasgow, Mel Greif, Garry Humphreys, Allyn Janicki, OCT, Annilee Jarvis, OCT, Bill Kirkwood, Clint Lovell, OCT, Darlene Mead, OCT, Liz Papadopoulos, OCT, (Chair), Ruth Ann Penny, OCT, (Vice-Chair), Terry Price, OCT, Tanya Roberts, OCT, Susan Robertson,
Robert Ryan, OCT, Pauline Smart, Mara Torcaso, OCT, John Tucker, Henry Tyndorf, OCT, (from 2:05 p.m.), Hanno Weinberger, OCT, Sharon Young Kipp, OCT, Michael Salvatori, OCT, (Registrar)

Regrets: Gale Dores, OCT

Presiding

Officers: Bob Boyle, Peter Lipman, OCT

Staff: Kim Bauer, Tan Crombie, Francine Dutrisac, OCT, Myrtle Herzenberg,
Joe Jamieson, OCT, (Deputy Registrar) Richard Lewko,
Michelle Longlade, OCT, Charlie Morrison, Linda Zaks-Walker, OCT

1. Call to Order/Welcome

The Presiding Officer, Peter Lipman, called the meeting to order at 1:05 p.m. and welcomed all present.

The Presiding Officer noted the documents distributed at the meeting.

The Chair thanked all members for participating in a debate on the independent review report which had occurred the previous day and the morning prior to the Council meeting. She noted that nothing was more important than the safety and well-being of students and that improving the transparency and efficiency of the College's disciplinary process would improve the ability to govern the profession in the public interest.

It was noted that Ruth Ann Penny and Mel Greif comprised the Steering Committee.

2. Agenda (GC20120607-40)

It was moved by Steering, and

CARRIED,

That the Agenda for the June 7-8, 2012 Council meeting be approved.

3. Conflict of Interest

No conflicts were declared.

4. Minutes

4.1 Meeting, March 29-30, 2012 (GC20120607-41)

It was moved by Steering, and

CARRIED,

That the Minutes of the Council Meeting held on
March 29-30, 2012 be approved.

5. New Business

5.1 Recommendations to Council - Independent Review of the College's Investigation and Disciplinary Processes and Outcomes, and Dispute Resolution Program (GC20120607-65, -71,-72, -73)

(Timed Item: Thursday, June 7, 2012 at 1:15 p.m.)


The Registrar noted that he and the Chair had participated in a media conference at 12:00 p.m. just prior to the Council meeting. The news release and backgrounder papers detailing the terms of reference for the independent review of the College's investigation and discipline procedures and outcomes, and dispute resolution program and a list of the organizations consulted during the review were distributed to Council members.

It was moved by Ruth Ann Penny, seconded by Susan Robertson, and

CARRIED,

That Council receive the report Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C., and that Council express its gratitude for the observations and recommendations contained therein.

It was moved by Terry Price, seconded by Marc Dubois, and

CARRIED,

That Council consider the motions coming out of the report Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate Recommendation 3 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 3: To ensure consistency in reporting by School Boards, the College must better define "restrictions on the member's duties" (section 43.2 of the Ontario College of Teachers Act) which initiates the School Board's reporting obligation.]

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate Recommendation 4 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was agreed to amend the motion to add the words "the intent of" after incorporate" as a friendly amendment.

A vote was taken on the main motion as amended, and it was

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 4 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 4: Legislation should require the School Board to provide the College with all relevant information relating to a complaint within a defined timeframe.]

It was agreed that the words "the intent of" would be added after the word "incorporate" to all motions unless specified otherwise.

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 6 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

A discussion ensued on what constituted the definition of a day: was a calendar day or a business day intended.

It was moved by Terry Price, seconded by Rob Ryan, but it was

LOST,

That Council refer Recommendation 6 to the Investigation Committee to report to the November 2012 Council meeting on specific timelines related to the time allowed for a member to reply to a complaint.

A vote was taken on the main motion, and it was

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 6 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 6: The College should not grant Members indeterminate time to reply to a complaint. The Act should be amended to permit a maximum of 60 days to reply. The College should proceed if no response within the prescribed period.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 8 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 8: There should be a legislated obligation for other public agencies to provide the College with a person's record, if failure to disclose it is likely to cause the person or another person physical or emotional harm and the need for disclosure is urgent. (See formerly proposed section 182 of the Ontario Child and Family Services Act.)]

It was moved by Steering, and

CARRIED,

That Council reaffirm its recommendation to the Minister of Education that the College's Act be amended to incorporate Recommendation 9 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 9: The statutory duty of confidentiality in section 48 of the Ontario College of Teachers Act should be amended to permit disclosure to bodies that govern a profession inside or outside of Ontario, and a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result.]

It was moved by Steering, and

CARRIED,

That Council reaffirm its recommendation to the Minister of Education that the College's Act be amended to incorporate Recommendation 11 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 11: Section 48 of the Ontario College of Teachers Act should be amended to permit the College to provide a Member's response to a complainant. A summary only of the response should be provided if the response would exacerbate the tension between the Member and the complainant.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 12 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 12: The Registrar should be authorized, in an emergency situation, to appoint an investigator, if he/she believes the Member's conduct is likely to expose a student to harm or injury, and there is not time to seek the approval of the Executive Committee. This authority could be similar to that contained in s. 75(2) of the Health Professions Procedural Code.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 13 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 13: There should be clear legislative provisions governing the Dispute Resolution Process.]

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 14 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was moved by Susan Robertson, seconded by Terry Price, and

CARRIED,

That Council refer the following motion to the Investigation Committee for study and report to the November 2012 Council meeting:

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 14 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 14: If a complaint, if proven, would likely result in the Member receiving a caution or admonishment by the Investigation Committee, that matter should be in the Dispute Resolution stream. Such decisions of the Investigation Committee should not, in the general course, be publicized or entered on the register. The complainant, however, should be notified of the result. A single member of the Investigation Committee should have authority to dispose of such matters. No other matters should be resolved by way of Dispute Resolution at the Investigation Committee stage.]

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 15 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was moved by Susan Robertson, seconded by Terry Price, and

CARRIED,

That Council refer the following motion to the Investigation Committee for study and report to the November 2012 Council meeting:

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 15 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 15: Dispute Resolution Officers should take all reasonable steps to consult with School Boards, or complainants who are members of the public, before reaching an agreement with a Member regarding a complaint.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 16 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 16: Where the allegation relates to sexual abuse, the matter should not be eligible for Dispute Resolution at the Investigation stage. These matters must be dealt with in a public Discipline hearing, after referral by the Investigation Committee.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 17 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 17: If there has been a criminal conviction for the same conduct that is before the College, and the Member wishes to plead guilty or for any reason the Member is not contesting the allegation, the complaint should be "fast tracked" directly to the Discipline Committee. Legislation should be amended to permit, on consent of all parties, such matters be sent directly to the Discipline Committee.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 18 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 18: To assist the Investigation Committee to screen complaints, s. 26(2) of the Ontario College of Teachers Act should be amended to provide, in addition to "frivolous, vexatious or an abuse of process", the Investigation Committee shall decline to investigate if a complaint "was made for an improper purpose, manifestly without substance, does not warrant further consideration, or is not in the public interest to further investigate".]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 20 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 20: Legislative provisions should be included in the Ontario College of Teachers Act, similar to those found in s. 28 of the Health Professions Procedural Code, establishing procedural steps to be taken if the Investigation panel has not disposed of a complaint within 120 days.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 22 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 22: There should be regulation or legislation similar to s. 26(2) of the Health Professions Procedural Code requiring consideration of prior decisions involving the Member.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 23 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 23: Sections 43.2 and 43.4 of the Ontario College of Teachers Act should be amended so the requirements are the same for the College reporting back to both notifying and current employers.]

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 26 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was moved by Nick Forte, seconded by Alexander (Sandy) Bass, and

CARRIED,

That Council refer the following motion to the Investigation, Discipline and Fitness to Practise committees, for study and report to the November 2012 Council meeting:

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 26 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 26: The Ontario College of Teachers Act should be amended to require that a panel established to hear or review a matter relating to a principal or vice-principal must include a principal or vice-principal or retired principal or vice-principal.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 30 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 30: There should be limited narrow power, similar to Civil and Criminal Courts, to close a hearing.]

It was moved by Steering, and

CARRIED,

That Council reaffirm its recommendation to the Minister of Education that the College's Act be amended to incorporate Recommendation 31 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 31: The Discipline Committee should be given express authority to order publication bans, similar to s. 45(3) of the Health Professions Procedural Code and Recommendation 38 of the Robins Report.]

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 32 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was moved by Hanno Weinberger, seconded by Allyn Janicki, but

WITHDRAWN,

That Council refer the following motion to the Investigation, Discipline and Fitness to Practise committees for study and report to the November 2012 Council meeting:

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 32 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was moved by Annilee Jarvis, seconded by Darlene Mead, and

CARRIED,

That Council recommend that Recommendation 32 be amended by the deletion of the words "or sexual misconduct", to read:

The penalty for sexual abuse by a teacher involving a student should almost invariably be revocation of the Member's teaching certificate.

A vote was taken on the motion as amended, and it was

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 32 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 32: The penalty for sexual abuse by a teacher involving a student should almost invariably be revocation of the Member's teaching certificate.]

Bob Boyle assumed the role of presiding officer at this time.

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 33 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was moved by Darlene Mead, seconded by Annilee Jarvis, and

CARRIED,

That Council refer the following motion to the Discipline Committee for study and report to the November 2012 Council meeting:

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 33 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 33: Section 30(5)(3) of the Ontario College of Teachers Act should be amended to remove from the Discipline Committee power to make orders restricting publication of decisions, other than the aforementioned publication ban.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 34 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 34: Decisions, including those that flow from Dispute Resolution agreements of the Discipline Committee, must be published and available on the website and the name of the Member must be included.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 35 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 35: The legislation or by-laws should be amended to require that the register contain a reference to a Notice of Hearing once the Notice has been issued.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 36 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 36: The Ontario College of Teachers Act should be amended to require that the register be posted on the College's website.]

It was moved by Steering, " That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 37 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

It was agreed by mutual consent, to TABLE the above motion until such time that the Public Interest Committee Report on the Information on the Public Register, Interim Suspensions and Undertakings was distributed to members.

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 38 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 38: College bylaw s. 26.01 and s. 30(5)(1) of the Ontario College of Teachers Act should be amended to provide that at least three years must elapse from the date of a finding of professional misconduct, incompetence or incapacity, if a penalty of reprimand, admonishment, counselling or fine have been imposed, before the finding is removed from the register. Suspensions and revocations shall remain on the register.

It was moved by Steering, and

CARRIED,

That Council reaffirm its recommendation to the Minister of Education that the College's Act be amended to incorporate Recommendation 39 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 39: Where the original disciplinary proceedings were held in public, the reinstatement or variation proceedings should also be held publicly unless there are compelling considerations that might dictate otherwise.]

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 40 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 40: Section 33(4) of the Ontario College of Teachers Act should be amended to provide that five years must elapse before an application for reinstatement can be made when the finding has been sexual abuse or sexual misconduct.]

It was moved by Steering, and

CARRIED,

That Council reaffirm its recommendation to the Minister of Education that the College's Act be amended to incorporate Recommendation 46 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 46: The Council recommendation that the Ontario College of Teachers Act be amended to provide that an appeal from a decision and order of the Discipline or Fitness to Practise Committee does not operate as an immediate and automatic stay of the order should be implemented.]

It was moved by Steering, and

CARRIED,

That Council reaffirm its recommendations to the Minister of Education that the College's Act be amended to incorporate Recommendation 47 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 47: Sections 277.40(3) and 277.40.5(3) of the Education Act should be amended to provide that notification by a School Board to the College related to unsatisfactory Teacher Performance Appraisals be treated as a regular employer notification and not a formal public complaint.]

It was moved by Steering, "That Council recommend to the Minister of Education that O. Reg 72/97 be amended to include a provision for the Discipline Committee to designate one panel member to write a decision with reasons within 60 days and to prescribe a maximum of four months to release a decision and any dissenting decision if any."

It was moved by Hanno Weinberger, seconded by Annilee Jarvis, and

CARRIED,

That Council refer the following motion to the Discipline Committee for study and report to the November 2012 Council meeting:

That Council recommend to the Minister of Education that O. Reg 72/97 be amended to include a provision for the Discipline Committee to designate one panel member to write a decision with reasons within 60 days and to prescribe a maximum of four months to release a decision and any dissenting decision if any.

[Recommendation 42: When the hearing is concluded, the Discipline panel must make every effort to arrive at a preliminary decision. One member of the panel should be designated to write the decision. That member should, within a specified time period (60 days), write draft reasons and circulate. If the members need to re-assemble, such meetings should occur electronically or on a weekend or time immediately available to all panellists. The written decision should be released within four months from the receipt of the last submissions.]

It was moved by Steering, " That Council recommend to the Minister of Education that the Council member oath/affirmation of office contained in section 4.1.(1) of O. Reg. 72/97 be amended to provide that, "that members of the Investigation, Discipline and Fitness to Practise Committee be prohibited from attending the caucus meetings, which are held between elected Council members and their unions/associations when the Council agenda is discussed."

It was moved by Allyn Janicki, seconded by Darlene Mead, and

CARRIED,

That the question be put re Recommendation 48.

A vote was taken on the main motion, and it was

CARRIED,

That Council recommend to the Minister of Education that the Council member oath/affirmation of office contained in section 4.1.(1) of O. Reg. 72/97 be amended to provide that, "that members of the Investigation, Discipline and Fitness to Practise Committee be prohibited from attending the caucus meetings, which are held between elected Council members and their unions/associations when the Council agenda is discussed.

[Recommendation 48: Members of the Investigation, Discipline and Fitness to Practise Committees should be prohibited from attending the caucus meetings, which are held between elected Council members and their unions/associations when the Council agenda is discussed.]

It was moved by Steering, That Council recommend to the Minister of Education that members of the Investigation, Discipline and Fitness to Practise Committees should be prohibited from holding any elected or appointed union/association positions during their tenure on those committees.

[Recommendation 49: Members of the Investigation, Discipline and Fitness to Practise Committees should be prohibited from holding any elected or appointed union/association positions during their tenure on those committees.]

It was moved by Susan Robertson, seconded by Robert Ryan, and

CARRIED,

That Council table Recommendation 49 until the following day.

The meeting recessed at 4:45 p.m.

Minutes of the Council Meeting of the Ontario College of Teachers held on June 7-8, 2012 in the Council Chambers,
15th Floor, 101 Bloor Street West, Toronto

Session II: June 8, 2012

Present : Danny Anckle, Alexander (Sandy) Bass, OCT, Shabnum Budhwani, Carlo Cappello, OCT, Marie-Louise Chartrand, Monique Châteauvert, Rebecca Coulter, OCT, Gale Dores, OCT, Marc Dubois, OCT,
Martha Dutrizac, OCT, Dean Favero, OCT, Monika Ferenczy, OCT, Nick Forte, OCT, Dobi-Dawn Frenette, Robert Gagné (until 10:40 a.m.), Clyde Glasgow, Mel Greif, Garry Humphreys, Allyn Janicki, OCT, Annilee Jarvis, OCT, Bill Kirkwood, Clint Lovell, OCT, Darlene Mead, OCT, Liz Papadopoulos, OCT, (Chair), Ruth Ann Penny, OCT, (Vice-Chair), Terry Price, OCT, Tanya Roberts, OCT, Susan Robertson,
Robert Ryan, OCT (until 12:50 p..m.), Mara Torcaso, OCT, John Tucker, Henry Tyndorf, OCT, Hanno Weinberger, OCT, Sharon Young Kipp, OCT, Michael Salvatori, OCT, (Registrar)

Regrets: Irene Dembek, OCT, Pauline Smart

Guests: Pearlene Halfin, PwC, Associate Partner, Audit and Assurance Group (from 10:45 a.m. to 11:45 a.m.)

Presiding

Officers: Bob Boyle, Peter Lipman, OCT

Staff: Kim Bauer, Tan Crombie, Francine Dutrisac, OCT, Myrtle Herzenberg,
Joe Jamieson, OCT, (Deputy Registrar), Michael Kaptein, (from 10:45 a.m. to 11:45 a.m.), Richard Lewko, Michelle Longlade, OCT,
Charlie Morrison, Linda Zaks-Walker, OCT

The meeting resumed at 9:00 a.m.

Bob Boyle assumed the role of Presiding Officer.

It was moved by Steering, and

CARRIED,

That Recommendation 49 be lifted from the table

It was moved by Ruth Ann Penny, seconded by Susan Robertson, and

CARRIED,

That Council refer the following motion to the Quality Assurance Committee for study and report to the November 2012 Council meeting:

That Council recommend to the Minister of Education that members of the Investigation, Discipline and Fitness to Practise Committees should be prohibited from holding any elected or appointed union/association positions during their tenure on those committees.

[Recommendation 49: Members of the Investigation, Discipline and Fitness to Practise Committees should be prohibited from holding any elected or appointed union/association positions during their tenure on those committees.]

It was moved by Liz Papadopoulos, seconded by Ruth Ann Penny, and

CARRIED,

That Council reconsider recommendation 48.

It was moved by Liz Papadopoulos, seconded by Mel Greif, but it was

LOST,

That Council refer the following motion to the Quality Assurance Committee for study and report to the
November 2012 Council meeting:

That Council recommend to the Minister of Education that the Council member oath/affirmation of office contained in section 4.1.(1) of O. Reg. 72/97 be amended to provide that, "that members of the Investigation, Discipline and Fitness to Practise Committee be prohibited from attending the caucus meetings, which are held between elected Council members and their unions/associations when the Council agenda is discussed."

It was moved by Annilee Jarvis, seconded by Darlene Mead, and

CARRIED,

That Council amend the motion by the deletion of the word "elected", to read:

That Council recommend to the Minister of Education that the Council member oath/affirmation of office contained in section 4.1.(1) of O. Reg. 72/97 be amended to provide that, "that members of the Investigation, Discipline and Fitness to Practise Committee be prohibited from attending the caucus meetings, which are held between Council members and their unions/associations when the Council agenda is discussed."

A vote was taken on the main motion, as amended, and it was

CARRIED,

That Council recommend to the Minister of Education that the Council member oath/affirmation of office contained in section 4.1.(1) of O. Reg. 72/97 be amended to provide that, "that members of the Investigation, Discipline and Fitness to Practise Committee be prohibited from attending the caucus meetings, which are held between Council members and their unions/associations when the Council agenda is discussed. "

Peter Lipman assumed the role of Presiding Officer at this time.

The Public Interest Committee Report on the Information on the Public Register, Interim Suspensions and Undertakings was distributed to Council members. (GC20120607-74)

It was moved by Ruth Ann Penny, seconded by Marie-Louise Chartrand, and

CARRIED,

That Recommendation 37 be lifted from the table.

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the College's Act be amended to incorporate the intent of Recommendation 37 contained in the Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program, May 31, 2012 , prepared by the Honourable Patrick J. LeSage, C.M. O.Ont, Q.C.

[Recommendation 37: The College's legislation or by-laws should be amended to allow for the placement on the register of undertakings and information about the results of relevant criminal proceedings involving the Member.]

6. Committee Reports

6.1 Finance Committee
(Timed Item: Friday, June 8, 2012 at 10:45 a.m.)

6.1.1 Audited Financial Statements as at
December 31, 2011 (GC20120607-51, -52C, Attachment 1)

The Chair of the Finance Committee, Garry Humphreys, introduced and welcomed Pearlene Halfin from PricewaterhouseCoopers. Pearlene Halfin spoke to the Auditor's Report.

The Chair of the Finance Committee spoke to the report entitled: "Significant audit, accounting and financial reporting matters"
(GC20120607-52C, Attachment 1)

The Chair thanked Pearlene Halfin for her presentation to Council.

It was moved by Garry Humphreys, Chair of the Finance Committee, and

CARRIED,

That Council accept the December 31, 2011 Audited Financial Statements of the Ontario College of Teachers.

6.1.2 Appointment of Auditor

It was moved by Garry Humphreys, Chair of the Finance Committee, and

CARRIED,

That Council reappoint PwC as auditors for the 2012 fiscal year.

6.1.3 Finance Committee Report (GC20120607-52)

The report of the Finance Committee was received. The Chair,
Garry Humphreys, spoke to the report and responded to questions of the report.

It was moved by Garry Humphreys, Chair of the Finance Committee, and

CARRIED,

That Council approve that:

a) Prior approval by Council of any spending over the combined total of the operating and capital budgets in any fiscal year is required;

b) The Registrar be given authority for changes to any budget line not to exceed 1% of the College's total approved expenditures provided that such reallocation has no effect on the total approved expenditures;

c) Changes to any budget line exceeding 1% of the College's total approved expenditures be given prior review and approval by the Finance Committee;

d) The Finance Committee be notified at every meeting of funding reallocations made by management among the major items in the Operating and Capital Budgets.

It was moved by Garry Humphreys, Chair of the Finance Committee, and

CARRIED,

That Council approve the following amendments to the Council Member Travel Policy:

1. The daily meal expense allowance be changed from a total of $115 before tax and gratuity to $86 including tax and gratuity to consist of: $16 for breakfast, $20 for lunch and $50 for dinner.

2. No claims for lunch or dinner are allowed when either meal is provided at College.

3. Reasonable reimbursement for transportation to and from the hotel and restaurant if the cab(s) is shared by parties to the meal.

4. LCBO or wine store purchases will not be reimbursable.

5. Grocery items will not be reimbursable.

6. Alcohol consumed at meals will not be reimbursable.

7. Meals consumed at home prior to departure or on return, or for meals included in the cost of transportation, accommodation, seminars and/or conferences will not be reimbursable.

It was moved by Garry Humphreys, Chair of the Finance Committee, and

CARRIED,

That Council approve that the Council Member Travel Policy be amended by replacing Latitude airfares with Tango Plus or equivalent economy airfare with another carrier as the standard for Council member travel.

It was moved by Garry Humphreys, Chair of the Finance Committee, and

CARRIED,

That Council approve the motion relating to the status of the College membership in the OMERS pension plan as outlined in document GC20120607-52,
Attachment 4.

The Chair of the Finance Committee thanked members who had served on the committee and staff for the work they had done.

The Chair of Council thanked Garry Humphreys for the work he had done in bringing transparency and accountability to the work of the Finance Committee.

7. New Business (Continued)

7.1 Recommendations to Council - Independent Review of the College's Investigation and Disciplinary Processes and Outcomes, and Dispute Resolution Program (GC20120607-65, -74) (Continued)

It was moved by Steering, and

CARRIED,

That the following Notice of Motion be read into the Minutes and be dealt with at the November 2012 Council meeting:

That the Council approve an amendment to section 28.01(a) (Complaints) of the College's bylaws by adding the following "or is recorded on a tape, film, disk or other medium" so the section would read:

28.01 A complaint filed pursuant to section 26 of the Act shall:

(a) be in writing or recorded on a tape, film, disk or other medium .

[Recommendation 2: Section 28.01 of the College's bylaws requires a complaint to be in writing. The bylaw should be changed to accept complaints made in a form other than writing. An approach similar to that found in Section 25 (4) of the Health Professions Procedural Code should be used.]

It was moved by Steering, and

CARRIED,

That the following Notice of Motion be read into the Minutes and be dealt with at the November 2012 Council meeting:

That the Council approve the following amendments to section 25.01 (Contents of the Register) of the College's bylaws by the addition of the following clauses (g), (h) and (i) so the section would read:

25.01

In addition to the information prescribed by Section 23 of the Act, the register shall contain:

(g) "a notation that a Notice of Hearing has been issued, as a result of referral from the Investigation Committee to the Discipline Committee, and the notation will remain on the register until the matter has been resolved"

(h) "a summary of a restriction imposed on a member's right to teach (practise) as a result of an undertaking or an agreement entered into between the member and the College or one of its statutory committees"

(i) "a summary of a restriction imposed on a member's right to teach that has been imposed by a court or other lawful authority, including the name of the court or other lawful authority that imposed the restriction, and the date the restriction was imposed."

[Recommendation 35: The legislation or bylaws should be amended to require that the register contain a reference to a Notice of Hearing once the Notice has been issued.]

and

[Recommendation 37: The College's legislation or by-laws should be amended to allow for the placement on the register of undertakings and information about the results of relevant criminal proceedings involving the Member.]

It was moved by Steering, and

CARRIED,

That Council recommend that the Investigation Committee develop a policy to obtain a prosecutorial viability assessment when considering to refer a matter to the Discipline Committee.

[Recommendation 19: The Investigation Committee should in most cases obtain a prosecutorial viability assessment from the College's external counsel, when considering whether to refer a matter to the Discipline Committee.]

It was moved by Steering, "That Council recommend that the Discipline Committee amend its Rules of Procedure to ensure that the selection of discipline panels be varied and balanced, and that the Hearings Coordinator provide the chair of the committee with the names of eligible panelists, taking into consideration current panel assignments and any outstanding writing assignments."


It was agreed to amend the motion by adding the words "and Fitness to Practise Committee" after the word "Discipline" as a friendly amendment.

A vote was taken on the main motion, as amended, and it was

CARRIED,

That Council recommend that the Discipline and the Fitness to Practise Committees amend their Rules of Procedure to ensure that the selection of discipline panels be varied and balanced, and that the Hearings Coordinator provide the chair of the committee with the names of eligible panelists, taking into consideration current panel assignments and any outstanding writing assignments."

[Recommendation 25: All Committee members should share equally in the work of the Committee. The Hearings Coordinator should provide a draft list of available panellists to the Chair of the Discipline Committee. The Chair should review the list and ensure that the selection of a Discipline panel be varied and balanced.]

and

[Recommendation 43: The members of the Discipline Committee, the Fitness Committee or "the roster" who have outstanding decisions of more than one month should not be assigned to another hearing and, preferably, panels should be structured with members who have no outstanding decisions.]

It was moved by Steering, and

CARRIED,

That Council recommend that the Discipline Committee amend its Rules of Procedure to:

  • permit a single committee member, if required, to fix dates for any pre-hearing and hearing dates
  • set a pre-hearing date, if required, to take place no later than 60 days after the scheduling of a hearing, and that
  • require that a hearing date(s) should generally be within 60 days thereafter.

[Recommendation 28: As soon as Notice of Hearing has been served, a "scheduling hearing" should be fixed, no later than 30 days from the date the Notice of Hearing was served. A single member of the Discipline Committee should be authorized to conduct such hearing at which the parties or counsel attend, in person or by phone, to fix a pre-hearing date, dates for any required pre-hearing motions and hearing date(s). The pre-hearing date should be no later than 60 days after the scheduling hearing. The hearing date(s) should be within 60 days thereafter.]

It was moved by Steering, and

CARRIED,

That Council recommend that the Discipline Committee amend its Rules of Procedures to provide for a Notice of Hearing to be posted on the College's website when it is served on the Member and to provide for updates with every scheduling change.

[Recommendation 29: The Notice of Hearing must be posted on the College's website when it is served on the Member. The website must be updated with every scheduling change.]

It was moved by Steering, "That Council recommend that the College's Discipline Committee amend its Rules of Procedures to provide for consecutive full hearing days with no interruption from the commencement of the hearing to its conclusion, other than in exceptional circumstances."

It was agreed to amend the motion by adding the words "and Fitness to Practise Committee" after the word "Discipline" as a friendly amendment.

A vote was taken on the main motion, as amended, and it was

CARRIED,

That Council recommend that the College's Discipline and Fitness to Practise Committees amend their Rules of Procedures to provide for consecutive full hearing days with no interruption from the commencement of the hearing to its conclusion, other than in exceptional circumstances.

[Recommendation 41: The Discipline panel should schedule consecutive full day sittings. But for exceptional circumstances, there should be no period of interruption from the commencement of the hearing to its conclusion.]

The Registrar made the following undertakings:

· The Registrar undertakes to develop a communication strategy, in time for the 2013 budget, to increase public awareness of the College and its mandate, and explain the distinction between the College's role and employers.

[Recommendation 1: The College should develop a communication strategy to increase public awareness of the College and its mandate. This would include explaining the distinction between its role and responsibility and that of School Boards.]

· The Registrar undertakes to review administrative policies and identify the exceptional circumstances, under which an investigation should be deferred pending the outcome of criminal or other investigations and report back to the Investigation Committee.

[Recommendation 7: The College should only in exceptional circumstances place an investigation in hiatus pending criminal or Children's Aid Societies investigations. College investigations should only be put on hold if it is expedient and efficient, or if the police or Children's Aid Societies request the College to do so.]

· The Registrar undertakes to develop additional communication products and opportunities to inform employers about the type of information required for investigations.


[Recommendation 10: There should be a greater mutual sharing of information between the College and School Boards.]

· The Registrar undertakes to develop an administrative protocol outlining the initial notification to a member of a complaint and subsequent notifications throughout the investigation process.

[Recommendation 5: School Boards should provide the Member a copy of the reporting letter they send to the College pursuant to s. 43.2 and s. 43.3 of the Ontario College of Teachers Act. For public complaints, the College should advise the Member as soon as practicable of the complaint. The Member should be kept apprised of the status of the complaint and provided with an updated summary of all relevant information known to the College.]

and

[Recommendation 21: Disclosure to a Member who is the subject of a complaint should occur as soon as possible, beginning at the investigation stage and continuing throughout.]

· The Registrar undertakes to develop an administrative protocol with steps and timelines for the transferring, drafting, approving and serving a Notice of Hearing.

[Recommendation 24: Timelines should be set for drafting, reviewing, signing and serving the Notice of Hearing.]

· The Registrar undertakes to develop a fixed and regular training program including judgment writing and decision making for members of the Investigation, Discipline and Fitness to Practise committees and roster members appointed to one these respective committees.

[Recommendation 44: A policy should be put in place that ensures all Investigation, Discipline, Fitness and roster members be provided judgment writing and decision making instruction programs on a fixed and regular basis.]

· The Registrar undertakes to identify appropriate resources, to employ an editor on an ad hoc basis to assist in the decision writing process.

[Recommendation 45: The College should consider hiring or retaining an editor on an ad hoc basis to assist in the decision writing process.]

It was moved by Steering, and

CARRIED,

That Council refer Recommendation 27 to the Minister of Education:

[Recommendation 27: The government should exercise its authority to appoint additional members to the roster, including persons who have no teaching background. Processes should be established to ensure an adequate number of bilingual and principal/vice-principal members.]

The Registrar advised members that he would communicate the message of the decisions taken by Council via e-mail to the members, as well, he would continue to update Council members on the progress of the work being done via his reports to Council.

8. Business Arising

There were no business arising items.

Bob Boyle assumed the role of Presiding Officer at this time.

9. Registrar's Report

9.1 Report (GC20120607-43)

The Registrar's Report was received. The Registrar noted the new 2012 strategic priority in his report that deals with inspiring public confidence in the profession through enhanced communication with the public. The Registrar responded to questions of his report.

It was moved by Steering, and
CARRIED,

That Council approve the destruction of the electronic ballots associated with the 2012 Council Election.

9.2 Financial Report as at April 30, 2012 (GC20120607-44)

The Ontario College of Teachers Financial Report as at April 30, 2012 was received. The Deputy Registrar, Joe Jamieson, spoke to the report.

10. Chair's Report

10.1 Report (GC20120607-45)

The Chair's Report was received. The Chair, Liz Papadopoulos, spoke to the report.

11. Committee Reports (Continued)

It was agreed by unanimous consent to change the order of the Agenda and to deal with those committee reports containing recommendations.

11.1 Standards of Practice and Education Committee
(GC20120607-53)

The report of the Standards of Practice and Education Committee was received. The Chair, Sharon Young Kipp, spoke to the report and noted the achievements of the committee. She thanked committee members and staff for work done.

It was moved by Sharon Young Kipp, Chair of the Standards of Practice and Education Committee, and

CARRIED,

That Council recommend to the Minister of Education that:

1. The Français - 7e et 8e année Additional Qualification course be added to Schedule C of the Teachers' Qualifications Regulation.

2. The Enseignement en milieu minoritaire Additional Qualification course be removed from Schedule C of the Teachers' Qualifications Regulation.

3. The Leadership en milieu minoritaire Additional Qualification course be removed from Schedule C of the Teachers' Qualifications Regulation.

4. A three-part course leading to an Additional Qualification called Enseignement et Leadership en situation minoritaire be added to Schedule D of the Teachers' Qualifications Regulation.

5. The name of the Additional Qualification course, Religious Education/ Études religieuses be changed toReligious Education in Catholic Schools/ Éducation religieuse en milieu scolaire catholique, in Schedule A, D and E of the Teachers' Qualifications Regulation.

6. The name of the Environmental Science/ Environmental Studies Additional Qualification Course be changed to Environmental Science in Schedule A of the Teachers' Qualifications Regulation.

7. The name of the Environmental Science/ Environmental Studies Additional Qualification Course be changed to Environmental Science in Schedule E of the Teachers' Qualifications Regulation.

8. The First Nation, Métis and Inuit Peoples: Understanding Traditional Teachings, Histories, Current Issues and Cultures Additional Qualification course be removed from Schedule C in the Teachers' Qualifications Regulation.

9. The First Nations, Métis and Inuit Peoples: Understanding Traditional Teachings, Histories, Current Issues and Cultures Additional Qualification course be added to Schedule D in the Teachers' Qualifications Regulation.

10. The Program for Teaching Students Who Are Deaf or Hard of Hearing (Teachers' Qualifications Regulation 24.1) be re-worded to reflect three separate qualifications as follows:

  • Teaching Students Who Are Deaf or Hard of Hearing - American Sign Language (ASL)
  • Programme pour enseigner aux élèves sourds ou malentendants - Langue des signes québécoise (LSQ)
  • Teaching Students Who Are Deaf or hard of Hearing - Aural and Oral Communication.

11. An Additional Qualification Course for Teaching Michif be added to Schedule C of the Teachers' Qualifications Regulation

12. An Additional Qualification course entitled, Supporting First Nations , Métis and Inuit Students: Guidance and Counselling be added to Schedule D of the Teachers' Qualifications Regulation.

13. An Additional Qualification Course for Teaching Inuktitut be added to Schedule C of the Teachers' Qualifications Regulation.

11.2 Human Resources Committee (GC20120607-56)

The report of the Human Resources Committee was received. The Chair,
Mel Greif, spoke to the report.

It was moved by Mel Greif, Chair of the Human Resources Committee, and

CARRIED,

That Council recommend that the Minister amend the Ontario College of Teachers Act to ensure that one of the positions of Registrar or Deputy Registrar be designated as bilingual.

11.3 Executive Committee (GC20120607-46)

The report of the Executive Committee was received. The Chair,
Liz Papadopoulos, spoke to the report. She thanked committee members and staff for work done.

11.4 Investigation Committee (GC20120607-47)

The report of the Investigation Committee was received. The Chair,
Nick Forte, spoke to the report and thanked committee members and staff for work done.

11.5 Discipline Committee (GC20120607-48)

The report of the Discipline Committee was received. The Chair, Darlene Mead, spoke to the report and thanked committee members and staff for work done.

11.6 Fitness to Practise Committee (GC20120607-49)

The report of the Fitness to Practise Committee was received. The Chair,
Hanno Weinberger, spoke to the report and thanked committee members and staff for work done.

11.7 Registration Appeals Committee (GC20120607-50)

The report of the Registration Appeals Committee was received. The Chair,
Dean Favero, spoke to the report and thanked committee members and staff for work done.

11.8 Accreditation Committee

The Chair, Ruth Ann Penny, advised that the committee had met on
May 23, 2012. She thanked committee members and staff for work done.

11.9 Accreditation Appeal Committee (GC20120607-55)

The report of the Accreditation Appeal Committee was received. The Chair, John Tucker, spoke to the report and thanked committee members and staff for work done.

11.10 Editorial Board (GC20120607-57)

The report of the Editorial Board was received. The Chair, Annilee Jarvis, spoke to the report and thanked committee members and staff for work done.

11.11 Election Committee

The Chair, Mel Greif, advised that the committee had met on May 30, 2012. The Chair highlighted the achievements of the Election Committee and thanked committee members and staff for work done.

11.12 Nomination Committee (GC20120607-59)

The report of the Nomination Committee was received. The Chair,
Danny Anckle, spoke to the report and noted that the committee would be meeting on June 15, 2012 to prepare recommendations to Council for the Chair and Vice-Chair of Council and for committee membership of Council. He thanked committee members and staff for work done.

11.13 Quality Assurance Committee (GC20120607-60)

The report of the Quality Assurance Committee was received. The Chair,
Clyde Glasgow, spoke to the report. The Chair of the Quality Assurance Committee reviewed the committee's final report to Council. He advised that the committee had reviewed Council's request to review the Registrar's dual prosecution and adjudication functions and found no conflict in these roles. He noted that the College conforms with or exceeds the expected standards of independence for adjudicative committees. He thanked committee members and staff for work done.

12. Correspondence (GC20120607-61 to -64)

The following items of correspondence were received for information:

· Letter of invitation to the Minister of Education to address Council - June 2012 meeting & scheduler's acknowledgement (GC20120607- 61)

· Letter from the Minister of Education re proposed amendments to O. Reg. 342/02, Accreditation of Teacher Education Programs, and O. Reg. 176/10, Teachers' Qualifications (GC20120607-62)

· Letter from the Minister of Education re per diem rates for appointed Council members (GC20120607-63)

  • Letter from the Minister of Education re amendments to O. Reg. 345/96, Appointments to Council (GC20120607-64)

13. New Business (Continued)

13.1 College Bylaws - Proposed Amendment to
Section 25 - Contents of Register (GC20120607-66)

The Registrar spoke to the proposed amendment to the College bylaws, read in as a Notice of Motion at the March 2012 Council meeting.

It was moved by Steering, and

CARRIED,

That Council approve an amendment to section 25.01(b) of the bylaws (Contents of the Register) by the addition of the following:

vi) in the case of a decision of the Discipline Committee, a hyperlink to the decision that is contained on the College's website.

13.2 Suspended Non-Payment of Fees vs Inactive/
non-practising Membership (GC20120607-67)

The report on "Amending the status of "suspended - non-payment of fees" on the public register" was received. The Registrar noted that there had been confusion surrounding the term "suspended" and the association with disciplinary proceedings. He advised that alternative descriptions had been developed for Council's consideration.

It was moved by Liz Papadopoulos, seconded by Ruth Ann Penny, and

CARRIED,

That Council approve that the College change all instances of "suspended - non-payment of fees" to "inactive/non- practising" and maintain the category "retired" for members who qualify under the current requirements.

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the Ontario College of Teachers Act be amended to add the following additional section 24.1 to read as follows:

Inactive/non-practising: failure to pay annual membership fee

24.1 (1) The Registrar may deem a member's certificate of qualification and registration to be inactive/non-practising for failure to pay the annual membership fee as prescribed in the bylaws.

(2) The Registrar shall not deem a member's certificate of qualification and registration to be inactive/non-practising without first giving the member two-months notice of the default and intention to change the member's status to inactive.

(3) A person whose certificate of qualification and registration was deemed inactive/non-practising by the Registrar under subsection (1) is entitled to have the status of inactive/non-practising removed on payment of the annual membership fee.

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that section 6 of the Ontario College of Teachers Act be amended by the addition of the words "or inactive/non-practising" to read as follows:

Qualifications to vote

6. (1) Subject to the regulations, every member of the College who is in good standing is entitled to vote at an election of members of the Council.

Good standing

(2) A member is in good standing for the purposes of this section if,

(a) the member is not in default of payment of a membership fee prescribed by the by-laws; and

(b) the member's certificate of qualification and registration is not suspended or inactive/non-practising .

It was moved by Steering, and

CARRIED,

That Council recommend to the Minister of Education that the words "or deemed inactive/non-practising" be added to the text of section 22. (3) of O. Reg. 298 - Operation of Schools - General and the word " inactive/non-practising" be added to the title of the section to read as follows:

Cancelled, Revoked, Suspended or Inactive/non-practising Certificates

22. (3) A person whose teaching certificate is cancelled, revoked, suspended, or deemed inactive/non-practising shall not be appointed as a teacher.

14. Notices of Motion

The following Notices of Motion were read into the Minutes for consideration at the
November 2012 Council Meeting or when amendments to the Ontario College of Teachers Act have occurred:

14.1 Suspended Non-Payment of Fees vs Inactive/
non-practising Membership

Moved by Steering:

That Council approve amending the numbering of section 23.02 to 23.02 (a) and the addition of section 23.02 (b) to the bylaws as follows:

23.02 (a) A member who fails to pay an annual fee within 60 days of the Registrar's notice referred to in section 21.05 shall pay a late payment penalty of $24 in addition to the annual fee.

23.02 (b) A member who fails to pay an annual fee within 120 days of the Registrar's notice referred to in section 21.05 shall be deemed to have an inactive/non-practising membership and their status on the public register shall be changed to "inactive/non-practising membership" where it was previously "Good standing".

That Council approve amending the numbering of section 23.03 to 23.03 (a) and the addition of section 23.03 (b) to the bylaws as follows:

23.03 (a) A person whose certificate of registration was suspended shall pay, for the removal of the suspension, a reinstatement fee of $130.

23.03 (b) A person whose certificate of registration was deemed inactive/non-practising shall pay, for the removal of the status of "inactive/non-practising membership", a reinstatement fee of $130.

23.03 (c) The status of all members listed on the public register as "Suspended - Non-payment of fees" as of [date of approval of bylaw] shall be changed to "inactive/non-practising membership".

15. Next Meeting(s) of Council

· July 4, 2012 - Inaugural Meeting of the Sixth Council

16. Adjournment

Sharon Young Kipp noted that money raised at this meeting would be forwarded to the Ontario College of Teachers' Scholarship Foundation.

The Chair, on behalf of Council members, presented a gift to and thanked Josie Peretti, Executive Assistant to the Chair and Council, for her assistance to Council members.

The Chair thanked Dr. Garry Humphreys for his service to the teaching profession and to Council and noted that his term of office concluded on June 13 th.

The Chair also thanked all Council members for the work they had done during the fifth term of Council to achieve good governance in the public interest. She especially thanked those members who would not be returning to Council for the sixth term:
Carlo Cappello, Rebecca Coulter, Martha Dutrizac, Dean Favero, Nick Forte,
Annilee Jarvis, Clint Lovell, Darlene Mead, Ruth Ann Penny, Tanya Roberts,
Robert Ryan, Mara Torcaso, Henry Tyndorf, Hanno Weinberger and
Sharon Young Kipp.

The Chair closed with a PowerPoint presentation featuring Council members participating in College activities.

The Vice-Chair of Council, Ruth Ann Penny, on behalf of Council members, thanked Liz Papadopoulos for her leadership during the fifth Council term.

The meeting adjourned at 2:35 p.m.

Signed:

Chair, Liz Papadopoulos, OCT

Signed:

Registrar, Michael Salvatori, OCT

Dated:

Dated:

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