Hearings

Three-member panels of the Discipline Committee conduct public hearings into cases of alleged incompetence or professional misconduct. Panels are composed of elected and appointed Council members. The certificate of a member found to be incompetent or guilty of professional misconduct may be revoked, suspended, and/or made subject to terms, conditions or limitations. In findings of professional misconduct, the committee may also reprimand, admonish or counsel the member, impose a fine, and order the member to pay costs.

Summaries of recent disciplinary cases are published on the following pages. Where the name of an employer is withheld, it is typically to protect the identity of students or to comply with a publication ban ordered by a court or the tribunal. Copies of the full decisions are available at oct.ca → Members → Complaints and Discipline → Decisions.

The College publishes professional advisories, available at oct-oeeo.ca/ advisories, which are intended to inform members’ professional judgment and practice. For more information about the Ethical Standards for the Teaching Profession, please visit oct-oeeo.ca/ethical.

Member: Kuvear Persaud Balbahadur, OCT
Registration No: 205943
Decision: Reprimand, conditions

A Discipline Committee panel reprimanded Kuvear Persaud Balbahadur, a teacher at the Toronto District School Board, for unprofessional conduct.

Certified to teach in June 1992, Balbahadur attended the hearing on February 11, 2019, and was represented by legal counsel.

Balbahadur had inappropriate interactions with a female student. He made comments to her, gave her an inappropriate gift, and openly showed favouritism toward her, which made her feel uncomfortable.

The Discipline Committee panel found Balbahadur guilty of professional misconduct and directed him to appear before it to receive a reprimand.

Within 120 days of the decision, he must also successfully complete a course on boundary violations at his own expense.

In its written decision, the panel stated, “Members of the profession are expected to act as role models for students and must maintain appropriate boundaries with students at all times.”

Member: David Carson Bird
Registration No: 168414
Decision: Suspension, reprimand, undertaking

A Discipline Committee panel suspended the teaching certificate of David Carson Bird, a former principal and the sole officer and director of a school in St. Catharines, Ont., for dishonest and unethical behaviour.

Certified to teach in June 1992, neither Bird, nor his legal counsel, attended the hearing on December 17, 2018.

Bird made dishonest and fraudulent representations to the parent of a student concerning the financial situation of the school, and failed to repay the student’s tuition and fees, as per the terms of a settlement agreement reached during civil proceedings.

Furthermore, he continued to collect fees from other students and parents when he knew, or ought to have known, that the school was in financial difficulty and that it was likely to close in the imminent future.

The Discipline Committee panel found Bird guilty of professional misconduct and ordered that his certificate be suspended for 22 months.

It also directed that he receive a reprimand.

Bird also resigned his membership with the College and signed an undertaking not to reapply without first completing coursework on professional ethics and on the educational needs of students.

The undertaking prohibits him from teaching in any public or private school in Ontario or working in any position that requires membership with the College.

In its written decision, the panel stated, “The Member’s actions, with the abrupt closure of the School and boarding program, failed to adequately consider the needs and vulnerabilities of students and their parents.”

Member: Andrew Harold Burke
Registration No: 188353
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended the certificate of Andrew Harold Burke, a teacher employed by the Simcoe Muskoka Catholic District School Board, for his involvement in the improper administration of the Ontario Secondary School Literacy Test (OSSLT) at his school. Burke was acting vice-principal at the time of the allegations.

Certified to teach in June 1988, Burke attended the hearing on December 11, 2018, and was represented by legal counsel.

As instructed by his principal, Burke reviewed the test booklets, placed sticky notes on incomplete booklets and provided them to the principal.

The principal then gave instructions to office staff to have students come to the office to complete their booklets after the test was concluded, contrary to EQAO rules.

Upon the principal’s direction, Burke returned the test materials to the students and instructed them to complete portions of the test. He then collected the booklets and returned them to the principal.

The Member’s conduct was contrary to EQAO rules.

The Discipline Committee panel found Burke guilty of professional misconduct and ordered that his teaching certificate be suspended for one month. It also directed that he appear before the panel to receive a reprimand.

Within 90 days of the decision, he must also successfully complete, at his own expense, a course on ethical practice, including ethical decisionmaking and conduct, and any labour relations issues related to this matter.

In its written decision, the panel stated, “The Member’s conduct is not excused simply because he was following his principal’s instructions. The Member was responsible for his actions and should not have compromised his professional integrity by following the misguided directions of his Principal.”

Member: Gene Allan Cassidy
Registration No: 168330
Decision: Revocation, reprimand

A Discipline Committee panel revoked the teaching certificate of Gene Allan Cassidy, a teacher formerly employed by the Bluewater District School Board, for sexually abusing a female student.

Cassidy engaged in a personal and sexual relationship with the student.

He was convicted of sexual exploitation and sentenced to eight months of imprisonment and two years of probation.

Certified to teach in August 1979, Cassidy did not attend the hearing on February 8, 2019, nor was he represented by legal counsel.

The Discipline Committee panel found Cassidy guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked. It also ordered that he receive a reprimand.

In its decision, the panel stated, “The Committee denounces the Member’s egregious misconduct in the strongest terms.”

Member: Connie Frances Cosentino-Galloro, OCT
Registration No: 511116
Decision: Reprimand, conditions

A Discipline Committee panel reprimanded Connie Frances Cosentino-Galloro, a teacher at the York Catholic District School Board, for submitting false employee health-care benefit claims.

Certified to teach in July 2007, Cosentino-Galloro attended the hearing on January 17, 2019, and was represented by legal counsel.

The panel heard that she submitted 77 false claims for services not rendered, out of approximately 946 claims between October 2010 and December 2014.

The Discipline Committee panel found Cosentino-Galloro guilty of professional misconduct and directed that she appear before it to receive a reprimand.

Within 90 days of the decision, she must also successfully complete a course on ethics and personal responsibility at her own expense.

In its written decision, the panel stated, “Though the Member’s conduct did not directly involve students, it has nevertheless undermined the public’s confidence in teachers and tarnished the reputation of the teaching profession.”

Member: David Edward Cotterell
Registration No: 287671
Decision: Revocation, reprimand

A Discipline Committee panel revoked the Certificate of Qualification and Registration of David Edward Cotterell, a teacher formerly employed with the former Peel Board of Education, for sexually touching the genitals of two students.

Certified to teach in June 1969, neither Cotterell, nor his representative, attended the hearing on February 27, 2019.

He was found guilty of two counts of indecent assault in criminal court and was sentenced to a 12-month conditional sentence.

The Discipline Committee panel found him guilty of professional misconduct and directed the Registrar to revoke his Certificate of Qualification and Registration. It also directed that he receive a reprimand.

In its written decision, the panel stated, “The Committee denounces the Member’s egregious misconduct in the strongest terms.”

Member: Charles Julien Dayfoot
Registration No: 468649
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended the teaching certificate of Charles Julien Dayfoot, a teacher employed by the Peel District School Board, for rough and aggressive conduct directed at students.

Dayfoot, who was certified to teach in July 2003, attended the hearing on December 18, 2018, and had legal representation.

The panel heard that Dayfoot repeatedly made inappropriate physical contact with students and yelled at them.

For example, he stepped on a student’s toes and kicked him in the leg. He grabbed a student by the arm and pulled him into the hallway, causing the student to bang his arm on the door frame, leaving a mark on his forearm.

The Discipline Committee panel found Dayfoot guilty of professional misconduct and ordered that his certificate be suspended for four months. He was also directed to appear before the panel to receive a reprimand.

In addition, he was directed to complete a course of instruction on anger management at this own expense. He needs to do so prior to returning to any position that requires a Certificate of Qualification and Registration.

In its written decision, the panel stated, “Members of the teaching profession hold a unique position of trust and authority. They are expected to foster safe and supportive learning communities.”

Member: Timothy Peter DeBernardi
Registration No: 466841
Decision: Revocation, reprimand

A Discipline Committee panel revoked the teaching certificate of Timothy Peter DeBernardi, a teacher employed by the Niagara Catholic District School Board, for engaging in an inappropriate relationship with a female student.

DeBernardi engaged in grooming behaviour toward the student, and ultimately engaged in a romantic and sexual relationship with her.

Certified to teach in June 2003, DeBernardi did not attend the hearing on February 19, 2019, but was represented by legal counsel.

The Discipline Committee panel found DeBernardi guilty of professional misconduct and ordered that his Certificate of Qualification and Registration be revoked. It also ordered that he receive a reprimand.

The Committee concluded that his behaviour amounted to psychological, emotional and sexual abuse.

In its decision, the panel stated, “The Member’s behaviour undermined the reputation of the teaching profession, and has seriously broken the trust that parents, students and the public place in teachers.”

Member: Shahin Fazl
Registration No: 445136
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended the teaching certificate of Shahin Fazl, a teacher employed by the Toronto District School Board, for failing to maintain appropriate professional boundaries with a female colleague.

Certified to teach in August 2001, Fazl attended the hearing on December 18, 2018, with legal representation.

The panel heard that Fazl sent his colleague numerous inappropriate Facebook Messenger communications and text messages, including a picture of his upper torso, when he should have known that his communications were unwelcome.

The Discipline Committee panel found Fazl guilty of professional misconduct and ordered that his certificate be suspended for four months. He was also directed to appear before the panel to receive a reprimand.

In addition, he was directed to complete a course of instruction on appropriate boundaries and boundary violation issues with colleagues at his own expense. He needs to do so prior to starting or returning to any position that requires a Certificate of Qualification and Registration.

In its written decision, the panel stated, “Members of the profession are expected to interact respectfully and professionally with their colleagues at all times.”

Member: Nancy Fernandes
Registration No: 203966
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended the teaching certificate of College member Nancy Fernandes for inappropriate and discriminatory comments toward a student.

Certified to teach in December 1988, Fernandes did not attend the hearing on August 30 and 31, 2017, December 12, 2017, and February 25, 2019, nor did she have legal representation. She was, however, represented by her spouse, who is not a lawyer, on all days except February 25, 2019.

Fernandes’s conduct involved inappropriate, discriminatory treatment of a student based on his sexual orientation, which led to profound anguish for that student.

Her conduct led to the student being “outed” to his peers and family at a time that was not of the student’s choosing.

The Discipline Committee panel found Fernandes guilty of professional misconduct and ordered that her certificate be suspended for five months. She was also directed to appear before the panel to receive a reprimand.

In addition, she was directed to complete a course of instruction on classroom management and ethical practice at her own expense. She needs to do so before returning to teaching.

In its written decision, the panel stated, “This unprofessional and abusive behaviour is unacceptable.”

Member: Thomas Bertram MacAdam
Registration No: 215608
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended the teaching certificate of Thomas Bertram MacAdam, a teacher employed by the Durham Catholic District School Board at the time of the allegations, for aggressive conduct toward students.

Certified to teach in December 1991, MacAdam, who was self-represented, did not attend the hearing on May 17, 2018, or July 24, 2018.

His behaviour demonstrated a troubling pattern of disrespectful, unprofessional and abusive conduct.

He continuously yelled at the students under his care, despite various supports put in place by his school and school board to assist him in changing his teaching practices. He also physically abused four students. For example:

MacAdam shoved a student when the student tried to leave his class;
he hit another student over the head, grabbed him by the collar and threw his backpack at him; and
he grabbed two students by the arm.

The Discipline Committee panel found MacAdam guilty of professional misconduct and ordered that his certificate be suspended for six months.

Within 120 days of the order’s date, he was directed to appear before the panel to receive a reprimand.

In addition, he was also directed to complete courses of instruction on classroom management and anger management at his own expense. He needs to do so prior to resuming or starting a teaching position.

In its written decision, the panel stated, “While the Committee recognizes that teaching can be challenging and demanding at times, yelling and physical force are not appropriate forms of disciplin[e] with students.”

Member: Scott Martin McPherson, OCT
Registration No: 428943
Decision: Reprimand, conditions

A Discipline Committee panel reprimanded Scott Martin McPherson, a teacher employed by the Huron-Superior Catholic District School Board, for his use of physical force against students.

This matter was heard by the panel on February 27, 2019. Certified to teach in October 1999, McPherson attended the hearing with his legal counsel.

McPherson singled out a student in front of the class and hit him in the face with a duo-tang, which embarrassed the student.

Later that same year, he grabbed another student by his collar, lifted him off the ground and yelled at him, which frightened the student.

The Discipline Committee panel found McPherson guilty of professional misconduct and directed him to appear before it to receive a reprimand.

It also ordered him to successfully complete, at his own expense, a course regarding classroom management with a focus on adolescent development and interactions with students. He must do so within 90 days of the panel’s order.

In its written decision, the panel stated, “It is unacceptable for teachers to behave in an aggressive manner with students.”

Member: Andrew David Norton, OCT
Registration No: 520942
Decision: Reprimand

A Discipline Committee panel reprimanded Andrew David Norton, an occasional teacher employed by the Ottawa-Carleton District School Board.

Norton ignored repeated notifications from the College advising him to pay his College membership fees by a certain date. Such a lapse occurred numerous times and for extended periods of time.

Norton continued to teach while his teaching certificate was suspended for non-payment of fees.

This matter was heard by the panel on February 22, 2019. Certified to teach in July 2007, Norton attended the hearing with his legal counsel.

The Discipline Committee panel found Norton guilty of professional misconduct and directed him to appear before it to receive a reprimand.

In its written decision, the panel stated, “The Committee finds that the Member’s failure to fulfil his administrative and financial obligations warrants a reprimand by his peers.”

Member: Amanda Rae Perreault
Registration No: 636038
Decision: Revocation, reprimand

A Discipline Committee panel revoked the Certificate of Qualification and Registration of Amanda Rae Perreault for engaging in sexually explicit communications with, and sexual touching of, a student. She was formerly employed by the Dufferin-Peel Catholic District School Board.

Certified to teach in June 2012, Perreault did not attend the hearing on February 22, 2019, nor was she represented by legal counsel.

Perreault and the student began to communicate through messages on Instagram. The communication started out casually but soon became more sexually oriented. They also exchanged sexually explicit photographs.

Perreault was found guilty of sexual interference against a student in a criminal court, and was sentenced to 90 days’ incarceration, to be served intermittently, and to a period of probation. She was also made the subject of a number of ancillary orders.

The Discipline Committee panel found her guilty of professional misconduct and directed the Registrar to revoke her Certificate of Qualification and Registration. It also directed that she receive a written reprimand.

In its written decision, the panel stated, “The Committee finds it inexcusable for teachers to exchange sexually explicit messages and photographs with students and intolerable for members of the teaching profession to touch a student in a sexual manner.”

Member: Gregory Robert Quinn, OCT
Registration No: 482860
Decision: Reprimand, conditions

A Discipline Committee panel reprimanded Gregory Robert Quinn, a teacher employed by the Simcoe Muskoka Catholic District School Board, for his involvement in the improper administration of the Ontario Secondary School Literacy Test (OSSLT) at his school.

Certified to teach in August 2004, Quinn attended the hearing on December 11, 2018, and was represented by legal counsel.

As instructed by his principal, Quinn reviewed the test booklets, placed sticky notes on incomplete booklets and provided them to the principal.

The principal then gave instructions to office staff to have students come to the office to complete their booklets after the test was concluded, contrary to EQAO rules. Quinn was aware that students were being called to the office to complete portions of the test and that this was a breach of the EQAO rules.

The Discipline Committee panel found him guilty of professional misconduct and directed that he appear before it to receive a reprimand.

Within 90 days of the decision, he must also successfully complete, at his own expense, a course on ethical practice, including ethical decision-making and conduct, and any labour relations issues related to this matter.

In its written decision, the panel stated, “While the Member was following the instructions of his Principal, his conduct was contrary to the EQAO rules as set out in the EQAO Administration Guide, a copy of which was provided to and read by the Member prior to the test.”

Member: Timothy Cyril Sullivan
Registration No: 420619
Decision: Suspension, reprimand, conditions

A Discipline Committee panel suspended the certificate of Timothy Cyril Sullivan, a teacher at the Grand Erie District School Board, for his disrespectful and disruptive behaviour.

This matter was heard by the panel on February 21 and 22, 2017. Sullivan, who was certified to teach in February 1999, attended the hearing and was self-represented.

Sullivan left his classroom to engage in multiple interactions with health unit staff and students who were present at an immunization clinic at the school, in order to express his strongly held views about vaccines.

He aggressively questioned the public health nurses and intimidated students at the clinic. He had received previous cautions from the school administration regarding inappropriate conduct because of a fixation on vaccine issues.

Communicating in an aggressive manner to students in line for the vaccination clinic and telling them they could die was considered psychological and emotional abuse. His conduct was inconsistent with his responsibility as a teacher to support the emotional well-being of students.

The Discipline Committee panel found Sullivan guilty of professional misconduct and ordered that his teaching certificate be suspended for one month. He was also directed to appear before the panel to receive a reprimand.

It also ordered him to successfully complete course(s) of instruction on appropriate professional boundaries, professional ethics and self-regulation, at his own expense, within 90 days of the panel’s order.

Sullivan is also prohibited from attending any health clinic conducted at a school where he is employed for a period of two years from the date of the order.

In its written decision, the panel stated, “Coursework on appropriate professional boundaries, professional ethics and self-regulation will educate the Member as to how he can interact with students and other individuals in a manner that is positive and respectful, regardless of his personal beliefs.”

Sullivan appealed the decision to the Ontario Divisional Court. The appeal was dismissed in February 2018. He filed an application for leave to appeal to the Supreme Court of Canada and this application was dismissed without costs in May 2019.

Copies of the full decisions are available at oct-oeeo.ca/decisions.

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