Recommendation for Greater Transparency

and Efficiency to Better Protect the

Public InterestProfessional Practices

Institute ConferenceOctober 23 – 25 2013

Section A

College History

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The Ontario College of Teachers

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College’s Duty as a Self-Regulator

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Section B

Context for Review

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Transparency

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Transparency

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“Sunlight is … the best of disinfectants”

- Justice Louis Brandeis

Transparency

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The Avison Report

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Outcome

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British Columbia

College of Teachers

Ministry of Education

Teacher Regulation Branch

BC Teachers Council

2003 Review of dispute resolution program

2006 Review of registration practices

2007 Review of public access to discipline decisions

Effective Practices

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Section C

How review was conducted

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Independent Review

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Independent Review

Legislation Teacher Federations Principals

Stakeholders Robins ReportSchool Boards Regulations College staff

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Ministry of Education Police Defense Counsel

Other regulators College Bylaws

Education Act Council Members

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Independent Review

The Honourable Patrick LeSage and Lynn MahoneyOntario College of Teachers

Independent Review

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Independent Review

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Section D

Main Themes

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• Greater clarity in legislative definitions to ensure consistency- define “restrictions on the member’s

duties” • Codify College’s current practice

– an online public register since 2001 – length of time and types of penalties

remain on register

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Recommendations - Transparency

• Greater sharing of information: - College’s Act should be amended to

permit disclosure to outside bodies - Greater mutual sharing of

information between College and boards

- Member’s response should be provided to the complainant

- College should report back to both notifying and current employers Ontario College of Teachers

Recommendations - Transparency

• Specific measures:- limited power to close hearings - publication bans - publication of all DC decisions

including member’s name - open reinstatement hearings - no stay in event of appeal - set clear legislative parameters on

dispute resolution program

Recommendations - Transparency

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• Expand what information will be placed on the public register

• reference to a Notice of Hearing once served on a member

• undertakings not to teach • information about relevant criminal

proceedings

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Recommendations - Transparency

• Faster disposition of complaints:- allow other ways to file a complaint - timeline for members to respond - investigations in hiatus only in

exceptional circumstances - Registrar may appoint an

investigator in an emergency situation

- greater screening of complaints - steps to be taken if complaint not

disposed within 120 days

Recommendations - Efficiency

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• Timelines and speedy disposition:- “fast-tracking” uncontested

complaints - timelines for Notices of Hearing - timely scheduling of hearings - full-day consecutive hearings - speedy release and writing of

decisions

Recommendations - Efficiency

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Section E

Impact on procedures

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• College Council has endorsed the recommendations, some with amendments

• 60% of recommendations require legislative change

• College has been working with the Ministry to enable recommendations consistent with other regulators

Current implementation activity

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• Changes to College practice where possible:- Communications strategy- Bylaw amendments- Protocol – ongoing notification re:

investigations- Prosecutorial viability assessments- Increased disclosure to members- Principals on panels

• The College’s Discipline Committee will also review its rules of procedure

Current implementation activity

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Additions to the Public Register

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Discipline Decisions

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Committed to Improvement

The website keeps the public informed.

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Bill 103

Protecting Students Act, 2013

• Introduced September 18, 2013• Second reading October 1, 2013

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Bill 103General provisions

• Definitions of “professional misconduct” and “sexual misconduct”

• Meaning of “student” • Principal and vice-principal peer

review• Information contained on register

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Bill 103Investigation Committee recommendations:

• When complaints shall not be considered

• Complaint resolution process• Dispose of complaint within 120 days

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Bill 103

Discipline Committee recommendations:

• Referral to Executive Committee• Complaints resolution process• Mandatory revocation• Publication bans

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Bill 103Information required on public register:

1. Decision and reasons of discipline committee2. Resolutions adopted by the Discipline Committee through the complaints resolution process3. Resolutions or summaries of resolutions adopted by the Investigation Committee through the complaints resolution process when publication is specified

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Bill 103• Reinstatement and variation• No stay pending appeal• Emergency appointment of

investigator• Employer must provide copy of

report to member• Additional reporting requirements

to College

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Bill 103

Beyond LeSage’s Recommendations

• Spousal provisions• Referral of Registrar to DC-CR• Removal of notations on public

register

Challenges

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Lessons learned

Not only must Justice be done; it must also be seen to

be done

- R v Sussex Justices, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER Rep 233)

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Questions?

Slide 33Ontario College of Teachers