Minutes of Council Meetings

Minutes of the Meeting of the Governing Council of the Ontario College of Teachers, September 11-12, 1997 in the Council Chambers, 6th Floor, 121 Bloor Street East, Toronto

SESSION I

Thursday, September 11, 1997

Present: Liz Barkley, Sandi Bell, Jackie Breithaupt, Larry Capstick, Doug Carter, Paul Charron, Wayne Cornack, John Cruickshank (Vice-Chair), Lynn Daigneault (part of meeting), Solette Gelberg, Michel Gravelle, Jean Hanson, Frances Hill, Donna Marie Kennedy (Chair), Marilyn Laframboise, Diane Leblovic, Alfred Lorenzi, Kathleen McFadyen, George Merrett, Karen Mitchell, Harry Mulvale, Nicholas Myrhorod, Cecilia Reynolds, William Rogers, Anthony Saldanha, John Slade, David Somer, Frances Thorne, Clarice West-Hobbs, Margaret Wilson, (Registrar)

Guests: Tom Forbes (Legal Counsel, McCarthy Tétrault), Caroline Zayid (Legal Counsel, McCarthy Tétrault)

Staff: Joe Atkinson, Margaret Aubé, Claire Barcik, Phillip Carter, Elizabeth Clark, Denis Giguere, Myrtle Herzenberg, Genny Humby, Laurent Joncas, Marie-France Le-Fort, Richard Lewko, Louise Nadeau, Patrick O’Neill, Susan Pelky

Regrets: Pierre Calvé, Margaret Dempsey

1. Call to Order and Welcome

The Chair, Donna Marie Kennedy, called the meeting to order at 9:10 a.m. She thanked the staff for the wine and cheese party that had been organized for the council members the previous night. Council members were informed that Phillip Carter, Senior Communications Officer, would assist them in framing motions if that was necessary.

2. Approval of Agenda (GC19970911-30)

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

CARRIED,

That Council approve the Agenda for the September 11 - 12, 1997 meeting of the Governing Council of the Ontario College of Teachers.

3. Approval of Minutes (GC19970911-31)

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

CARRIED,

That Council approve the Minutes of the Inaugural Meeting of the Governing Council of the Ontario College of Teachers held on May 1 & 2, and June 20, 1997.

4. Business Arising

It was moved by Sandi Bell, seconded by Liz Barkley, and

CARRIED,

That Council receive with regret the resignation of Nancy Hutcheson from the Governing Council of the Ontario College of Teachers.

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

CARRIED,

That Council appoint Jean Hanson to fill the vacant position on the Governing Council of the Ontario College of Teachers created by the resignation of Nancy Hutcheson.

7. Committee Reports

7.2 Executive Committee

7.1.6 Steering Committee to Facilitate the Process of Movement of Materials from the Executive Committee to Council (GC19970911-50)

It was moved by Donna Marie Kennedy, seconded by Diane Leblovic, and

CARRIED,

That Council approve that the following membersbe appointed to constitute the Steering Committee for the Movement of Materials to Council:

John Cruickshank

Kathleen McFadyen

4. Business Arising (Continued)

4.1 Materials Distribution (GC19970911-33)

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

CARRIED,

That Council approve as practice the document “Materials Distribution” (GC19970911-33) dated August 29, 1997.

4.3 Notices of Motion — May 1 & 2, 1997 Meeting (GC19970911-36)

It was moved by George Merrett and seconded by Harry Mulvale, “That Council recommend that By-law 2, Section 3 be amended by the addition of a new section after 3.05 to read: ‘At all meetings of the Council, 16 members constitute a quorum, of whom a majority shall be members elected under clause 4(2)(a) of the Act’.”

The Chair ruled the motion out of order.

Harry Mulvale challenged the ruling of the Chair.

A vote was taken on the decision of the Chair and the Chair was upheld.

It was moved by Diane Leblovic, seconded by Solette Gelberg, and

CARRIED,

That Council refer the following motion, which had been moved by George Merrett and seconded by Harry Mulvale, to the Standards of Practice Committee for study and report to the December 11-12, 1997 Governing Council Meeting:

That Council recommend that By-law 2, Section 5.04(d) be amended by deletion of (i) and (ii) and by the addition of the words ‘and review of professional standards’ before the word ‘of’, to read:

5.04(d) The Standards of Practice Committee shall advise Council on the development and review of professional standards.

It was moved by George Merrett and seconded by Harry Mulvale, “That Council recommend that By-law 2, Section 7.03 be amended by the addition of: ‘The Council shall appoint one or more elected members to replace the suspended member on the committee(s) on which that member served, for the period of the suspension.”

It was moved by Kathleen MacFadyen, seconded by Marilyn Laframboise, and

CARRIED,

That Council amend the motion by replacing “Council” with “Executive Committee”.

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

CARRIED,

That Council recommend that By-Law 2, Section 7.03 be amended by the addition of:

The Executive Committee shall appoint one or more elected members to replace the suspended member on the committee(s) on which that member served, for the period of the suspension.

It was moved by Michel Gravelle, seconded by Larry Capstick, and

CARRIED,

That Council refer the following motion, which had been moved by George Merrett and seconded by Harry Mulvale, to the Executive Committee for study and report to the December 11-12, 1997 Governing Council Meeting:

That Council recommend that By-law 2, Section 9 be amended by the addition of a new 9.16 to read:

9.16 Copies of communications with government, with agencies such as the Education Quality and Accountability Office and the Ontario Teachers’ Pension Plan Board and with employers shall be shared with Council.

It was moved by George Merrett and seconded by Harry Mulvale, “That Council recommend to the Minister of Education and Training the following changes to Ontario Regulation 72/97:

1. Section 9.(1) be amended by deletion and substitution as follows: ‘If the seat of an elected member of Council becomes vacant more than six months before the expiry of the member’s term of office, Council shall fill the vacated position through a by-election.’
2. Section 9.(1)(a) be deleted.
3. Section 9.(1)(b) be deleted.
4. Section 9.(2) be deleted.
5. Section 9.(3) be amended by deletion of “fill the vacated position” and substitution with “ensure that a by-election is held” to read: The Council shall ensure that a by-election is held as soon as reasonably possible.
6. Section 11.1 be amended by substitution as follows: ‘If a by-election is held under Section 9.(1), the Registrar shall adapt the provisions of the regulation that governed the last election to the Council, as those provisions read on the last voting day in the election, as directed by the Executive.’
7. Section 12 be amended to read: “A person appointed under Section 8 or elected under Section 9 shall hold office until the former Council member’s term would have expired.”

It was moved by Kathleen McFadyen and seconded by Marilyn Laframboise, “That Council recommend that Section 9.(1) be amended by substituting ‘twelve months’ for the words ‘six months’, and add, ‘Should less than twelve months remain in the term, the vacancy will be filled by the person who had the most votes of all the unsuccessful candidates for the position in the last Council election’.”

It was moved by Solette Gelberg, seconded by Alfred Lorenzi, but

LOST,

That Council amend the amendment to the amendment by substituting “eighteen months” for the words “twelve months”.

It was unanimously agreed to split the McFadyen/Laframboise motion so that a determination could be made on the number of months required before the expiry of the member’s term of office, and on how to fill that position if there were no by-election.

A vote was taken on the first part of the split motion, but it was

LOST,

That Council recommend that Section 9.(1) be amended by substituting ‘twelve months’ for the words ‘six months’.

It was moved by Marilyn Laframboise, seconded by Wayne Cornack, and

CARRIED,

That Council postpone consideration of the second part of the split motion until after the discussion on the main motion.

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

CARRIED,

That Council recommend to the Minister of Education and Training the following changes to Ontario Regulation 72/97:

(1) Section 9.(1) be amended by deletion and substitution as follows: ‘If the seat of an elected member of Council becomes vacant more than six months before the expiry of the member’s term of office, Council shall fill the vacated position through a by-election.’

(2) Section 9.(1)(a) be deleted.

(3) Section 9.(1)(b) be deleted.

(4) Section 9.(2) be deleted.

(5) Section 9.(3) be amended by deletion of “fill the vacated position” and substitution with “ensure that a by-election is held” to read: The Council shall ensure that a by-election is held as soon as reasonably possible.

(6) Section 11.1 be amended by substitution as follows: ‘If a by-election is held under Section 9.(1), the Registrar shall adapt the provisions of the regulation that governed the last election to the Council, as those provisions read on the last voting day in the election, as directed by the Executive.’

(7) Section 12 be amended to read: “A person appointed under Section 8 or elected under Section 9 shall hold office until the former Council member’s term would have expired.”

It was moved by William Rogers, seconded by David Somers, and

CARRIED,

That Council refer the following amendment motion, which had been moved Kathleen McFadyen and seconded by Marilyn Laframboise, to the Executive Committee for study and report to the December 11-12, 1997 Governing Council Meeting:

That Council recommend that Regulation 72/97, Section 9.(1) be amended by substitution as follows: “That should less than twelve months remain in the term, the vacancy will be filled by the person who had the most votes of all the unsuccessful candidates for the position in the last Council election.”

It was moved by George Merrett and seconded by Harry Mulvale, “That Council recommend to the Minister of Education and Training the following changes to Ontario Regulation 72/97: That Sections 26.4 to 26.10 be deleted.”

It was moved by Kathleen McFadyen, seconded by Nicholas Myrhorod, but

LOST,

That the motion be referred to the Executive Committee for study and report.

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

CARRIED,

That Council recommend to the Minister of Education and Training the following changes to Ontario Regulation 72/97:

That Sections 26.4 to 26.10 be deleted.

(Closure was used.)

Diane Leblovic requested a recorded vote.

Recorded Vote:

For:	Against:
Liz Barkley	Sandi Bell
Larry Capstick	Jackie Breithaupt
Doug Carter	Diane Leblovic
Paul Charron	Alfred Lorenzi
Wayne Cornack	Kathleen McFadyen
John Cruickshank	Karen Mitchell
Solette Gelberg	Nicholas Myrhorod
Michel Gravelle	Anthony Saldanha
Jean Hanson	John Slade
Frances Hill	David Somer
Donna Marie Kennedy
Marilyn Laframboise
George Merrett
Harry Mulvale
Cecilia Reynolds
William Rogers
Frances Thorne
Clarice West-Hobbs
For  18	Against 10

The meeting recessed at 12:45 p.m.

SESSION II

The meeting reconvened at 1:40 p.m.

4.3 Notices of Motion — May 1 & 2, 1997 Meeting (GC19970911-36) (Continued)

It was moved by Wayne Cornack, seconded by Sandi Bell, and

CARRIED,

That Council refer the following motion, which had been moved by George Merrett and seconded by Harry Mulvale, to the Investigation Committee for study and report to the December 11-12, 1997 Council Meeting:

That Council adopt the new By-law re Investigation Procedures as per page two (2) of the June 13, 1997 Memorandum to the Chair and Registrar from George Merrett and Harry Mulvale.

4.2 Proposed Changes to By-Law 4 (GC19970911-34)

It was moved by John Cruickshank and seconded by Kathleen McFadyen, “That Council adopt the recommendation of the Discipline Committee, as oulined in GC19970911-34, with regard to the proposed amendment to By-Law 4, ‘that the proposed amendment be defeated’.”

It was moved by George Merrett, seconded by Diane Leblovic, and

CARRIED,

That Council postpone discussion of the motion until after 7.1.1, Executive Committee Report.

4.4 Notices of Motion re By-laws 4 & 5 — June 20, 1997 Meeting (GC19970911-37)

It was moved by George Merrett, seconded by Doug Carter, and

CARRIED,

That Council postpone agenda item 4.4, Notices of Motion re By-laws 4 & 5 — June 20, 1997 Meeting, until after item 9.1 New Business and before Item 10. Notices of Motion.

4.5 Notices of Motion re over-expenditure — June 20, 1997 Meeting (GC19970911-38)

It was noted that Wayne Cornack would be the mover of the motion, in place of the original mover, Nancy Hutcheson.

It was moved by George Merrett, seconded by Kathleen McFadyen, and

CARRIED,

That Council refer the following motion, which had been moved by Wayne Cornack and seconded by John Slade, to the Finance Committee for study and report to the December 11-12, 1997 Council Meeting:

That Council request that expenses over the budgeted amounts indicated as operating expenses, items 4 to 11, and capital expenses, items 12 to 15 in the 1997 Budget be subject to prior approval by the Executive Committee.

4.6 Proposed Professional Misconduct Regulation (GC19970911-39)

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

CARRIED,

That Council move into an “in camera” session with Council Members, Legal Counsel and staff present.

Council moved into an “in camera” session at 2:30 p.m.

It was moved by Harry Mulvale, seconded by Solette Gelberg, and

CARRIED,

That Council move out of the “in camera” session.

Council moved out of the “in camera” session at 2:35 p.m.

It was moved by Kathleen McFadyen and seconded by John Cruickshank, “That Council approve the proposed Professional Misconduct Regulation as recommended by the Executive Committee, and outlined in document GC19970911-39.

It was moved by Harry Mulvale, seconded by George Merrett, and

CARRIED,

That Council approve that the proposed Professional Misconduct Regulation, section 1, be amended by the addition of a new 27 to read:

27. Failing to comply with the member’s duty under the Child and Family Services Act.

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

CARRIED,

That Council approve the proposed Professional Misconduct Regulation as recommended by the Executive Committee, and outlined in document GC19970911-39, as amended.

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

CARRIED,

That Council forward of copy of the Professional Misconduct Regulation, as outlined in GC19970911-39 and including the addition of 27 to Section 1, to the Minister of Education and Training, The Hon. John Snobelen for approval by the Lieutenant Governor in Council.

5. Chair’s Report - Donna Marie Kennedy

5.1 Report - (GC19970911-40)

The Chair reported on her meetings with the Minister of Education and Training and the Commissioners of the Education Improvement Commission.

A question and answer period followed the Chair’s report.

5.2 Meeting with Stakeholder Groups — (GC19970911-41)

The first report of the Education Improvement Commission “The Road Ahead” (a report on learning time, class size and staffing) was distributed to the members. Discussion on the report ensued.

The members discussed the Chair’s press release on September 11, 1997, “College of Teachers concerned about EIC proposal”.

It was moved by John Cruickshank, seconded by Frances Hill, and

CARRIED,

That Council move immediately to the Registrar’s Report due to time constraints.

6. Registrar’s Report — Margaret Wilson

6.1 Report — (GC19970911-42)

The Registrar updated the members on the work that had been done by staff, especially in dealing with the volume of paper and the backlog. She indicated that the number of telephone lines had been increased from 24 to 48 to deal with the ever increasing number of calls received. In addition, numerous errors had been reported with respect to incorrect name, language preference, degree and date information, and these errors would be addressed.

A question and answer period followed the Registrar’s report.

It was moved by Sandi Bell, seconded by Liz Barkley, and

CARRIED,

That Council receive with regret the resignation of Pierre Calvé from the Governing Council of the Ontario College of Teachers.

The Chair announced that due to the resignation of Pierre Calvé from the Governing Council, there were two committee vacancies: Discipline Committee and Accreditation Committee. She invited council members who were interested in serving on these committees to speak with her after the meeting.

The meeting recessed at 5:15 p.m.

SESSION III

Friday, September 12, 1997

Present: Liz Barkley, Sandi Bell, Larry Capstick, Doug Carter, Paul Charron, Wayne Cornack, Lynn Daigneault, Solette Gelberg, Michel Gravelle, Jean Hanson, Frances Hill, Donna Marie Kennedy, Marilyn Laframboise, Diane Leblovic, Alfred Lorenzi, Kathleen McFadyen, George Merrett, Karen Mitchell, Harry Mulvale, Nicholas Myrhorod, Cecilia Reynolds, William Rogers, Anthony Saldanha, John Slade, David Somer, Frances Thorne, Clarice West-Hobbs, Margaret Wilson (Registrar)

Staff: Joe Atkinson, Margaret Aubé, Elizabeth Clark, Denis Giguere, Sheila Green, Genny Humby, Marie France Le-Fort, Richard Lewko, Charlie Morrison, Louise Nadeau, Patrick O’Neill, Susan Pelky

Regrets: John Cruickshank, Margaret Dempsey

The Chair called the meeting to order at 8:35 a.m.

It was moved by Frances Hill, seconded by Donna Marie Kennedy, and

CARRIED,

That the following members be appointed to constitute the Steering Committee for the Movement of Materials to Council: Kathleen McFadyen and Diane Leblovic.

6. Registrar’s Report — Margaret Wilson - (Continued)

6.2 Mandate and Staffing — Comparison with British Columbia College of Teachers (GC19970911-43)

Margaret Wilson clarified some of the areas of difference between the B.C. College of Teachers and the Ontario College of Teachers.

6.3 Ontario College of Teachers — Committee and Council Document Numbering “A Brief Guideline on Procedures” (GC19970911-44)

The document “Ontario College of Teachers — Committee and Council Document Numbering - A Brief Guideline on Procedures” was noted.

7. Committee Reports — (Continued)

7.l Executive Committee (Continued)

7.1.2 Criminal Records Checks (GC19970911-46)

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council approve the recommendation of the Accreditation Committee in its report to the Executive Committee dated August 19, 1997, that Criminal Records Checks not be a compulsory part of the admissions process to Faculties of Education at this time.

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council refer to the Executive Committee the question of a College Policy on Criminal Records Screening for study, report and recommendation to the December 11 - 12, 1997 Meeting of the Council.

7.1.3 Task Force on Spokespersons and Related Expenses (GC19970911-47)

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council adopt the recommendations contained in the Report of the Task Force on the Establishment of a protocol for the Appointment of College Spokespersons and Related Expenses, dated August 8, 1997, as established practice.

7.1.4 Ministry of Education and Training Dismantling of the Anti-discrimination and Equal Opportunity Branch — Correspondence with Bev Salmon (GC19970911-48)

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council approve the recommendations, outlined in document GC19970911-48, that Ontario College of Teachers staff assigned to the Professional Affairs Department continue the dialogue initiated with the Antiracist Multicultural Educators’ Network of Ontario and the Black Educators’ Working Group and seek to ensure that the issues of diversity and inclusion remain key considerations in all College endeavours.

7.1.5 ‘Protocols and Procedures’ for Council and Committee Meetings (GC19970911-49)

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council adopt in principle, the principles outlined in document GC19970911-49, “Protocols and Procedures for Council and Committee Meetings”.

4. Business Arising (Continued)

4.2 Proposed Changes to By-law 4 (GC19970911-34) (Continued)

It was moved by Lynn Daigneault and seconded by David Somers, but

LOST,

That Council amend By-law 4 by the addition of a new section (c) to 3.01as follows: (c) Pursuant to section 23 and 43 of the Act, where a finding of professional misconduct is made against a member and that misconduct comprises inappropriate behaviour of a sexual nature towards a student or an employee in any jurisdiction within which the member teaches or has taught, that the finding of professional misconduct remain in the Register for a minimum of 10 years and that prior to the removal from the Register, a review be conducted by whichever of the Discipline or Fitness to Practise Committee that originally made such a finding to determine the appropriateness of such removal, and further that the words ‘of a sexual nature’ be defined as sexual harassment, sexual assault or sexual abuse”.

7. Committee Reports — (Continued)

7.2 Investigation Committee

In his verbal report to Council, Harry Mulvale informed the members that the Investigation Committee had struck a sub-committee whose task it is to look at guidelines and procedures.

7.3 Discipline Committee

In his verbal report to Council, George Merrett informed the members that the Discipline Committee had met for two days of training and committee business. The Committee had also struck a sub-committee to look at establishing procedures for the Discipline Committee.

7.4 Fitness to Practise Committee

In her verbal report to Council, Marilyn Laframboise informed the members that this committee had met in July for a day of training and had elected Nicholas Myrhorod, as the Vice-Chair.

7.5 Registration Appeals Committee

Michel Gravelle reported on behalf of this committee.

7.6 Accreditation Committee (GC19970911-51)

In her verbal report to Council, Cecilia Reynolds informed the members that the committee was developing a three-year work plan and that they had discussed the issue of criminal record checks.

7.7 Finance Committee (GC199709110-52)

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council approve the Statement of Financial Objectives of the College as outlined in document GC19970911-52.

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council request that the Finance Committee develop travel guidelines for use by Council members and report to the November 10, 1997 Meeting of the Executive Committee.

7.8 Standards of Practice and Education Committee Report (GC19970911-53) - Clarice West-Hobbs

Council reviewed the Standards of Practice and Education Committee Report.

7.9 Nomination (AdHoc) Committee (GC19970911-54)

Council reviewed the Nomination (Adhoc) Committee Report.

7.10 Election Review Committee (GC19970911-55)

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council approve the Report of the Election Review Committee, dated August 8, 1997, be referred to the Election Committee for study and report.

8. Correspondence

There was no correspondence to report.

9. New Business

9.1 Election Committee — Appointment of

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, and

CARRIED,

That Council approve that the following members be appointed to constitute the Election Committee:

Doug Carter, Frances Hill, George Merrett, Nicholas Myrhorod, and John Slade.

10. Notices of Motion

It was moved by Kathleen McFadyen, seconded by Diane Leblovic, but

LOST,

That Council consider a resolution that prior to any further production of “Professionally Speaking”, the Editorial Board make recommendations to the Executive Committee to be brought to the December Council regarding the format and content of further issues of “Professionally Speaking”.

The following Notices of Motion were read into the record for the December 11-12, 1997 Governing Council Meeting:

i) By-Law 4
Lynn Daigneault/David Somer

That Council approve that in respect to By-law 4, section 3.01, a new subsection be added to section 3.01 following section (a), as follows:

3.01(b): Subsection 3.01(a) of the by-law shall not apply to any finding of professional misconduct or incompetence based on conduct of a sexual nature.

And further:

That Council request staff to bring back to the next meeting of Council a definition of “conduct of a sexual nature” which will then constitute a new section (c).

And that Council approve that the current section (b) be renumbered to section (d).

ii) By-law 2
George Merrett/Diane Leblovic

That Council approve that By-law 2, section 2.06(c) be amended by the deletion of “at the preceding Council meeting” and replaced with “in time for the notice of motion to be included in the notice of meeting” under section 3.03.

iii) Budget Line for Council Members’ Expenses
Harry Mulvale/Elizabeth Barkley

That Council approve that a budget line be established for Council members’ expenses to provide financial support, where required, for the members to fulfil their responsibilities to the constituency represented by the Council members.

iv) Communication between Committees
Frances Hill/Diane Leblovic

That Council request the Executive Committee to study ways in which advance lateral communication between standing and statutory committee agenda and outcomes are communicated to all members of Council.

11. Next Meeting

It was agreed that the next meeting would take place on December 11-12, 1997 at 9:00 a.m.

12. Adjournment

The meeting adjourned at 11:10 a.m.

Signed: Chair

Dated