Recommendation for Greater Transparency and Efficiency to Better Protect the Public Interest Professional Practices Institute Conference October 23 –

Section A College History Ontario College of Teachers Slide 2

The Ontario College of Teachers Ontario College of Teachers

College’s Duty as a Self-Regulator Ontario College of Teachers

Section B Context for Review Ontario College of Teachers Slide 5

Transparency Ontario College of Teachers Image source: thekerbster

Transparency Ontario College of Teachers “Sunlight is … the best of disinfectants” - Justice Louis Brandeis

Transparency Ontario College of Teachers Image source: Kewei Shang

The Avison Report Ontario College of Teachers

Outcome Ontario College of Teachers British Columbia College of Teachers Ministry of Education Teacher Regulation Branch BC Teachers Council

2003 Review of dispute resolution program 2006Review of registration practices 2007Review of public access to discipline decisions Effective Practices Ontario College of Teachers

Section C How review was conducted Ontario College of Teachers

Independent Review Ontario College of Teachers

Independent Review Legislation Teacher Federations Principals Stakeholders Robins Report School Boards Regulations College staff Ontario College of Teachers Act Ministry of Education Police Defense Counsel Other regulators College Bylaws Education Act Council Members Ontario College of Teachers

Independent Review The Honourable Patrick LeSage and Lynn Mahoney Ontario College of Teachers

Independent Review Image source: unstruc Ontario College of Teachers

Independent Review Image source: VCU Libraries: Ontario College of Teachers

Section D Main Themes Ontario College of Teachers

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 Ontario College of Teachers 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 Ontario College of Teachers

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 Ontario College of Teachers 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 Ontario College of Teachers

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 Ontario College of Teachers

Section E Impact on procedures Ontario College of Teachers

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 Ontario College of Teachers

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 Ontario College of Teachers

Additions to the Public Register Ontario College of Teachers

Discipline Decisions Ontario College of Teachers

Committed to Improvement The website keeps the public informed.

Ontario College of Teachers Bill 103 Protecting Students Act, 2013 Introduced September 18, 2013 Second reading October 1, 2013

Ontario College of Teachers Bill 103 General provisions Definitions of “professional misconduct” and “sexual misconduct” Meaning of “student” Principal and vice-principal peer review Information contained on register

Ontario College of Teachers Bill 103 Investigation Committee recommendations: When complaints shall not be considered Complaint resolution process Dispose of complaint within 120 days

Ontario College of Teachers Bill 103 Discipline Committee recommendations: Referral to Executive Committee Complaints resolution process Mandatory revocation Publication bans

Ontario College of Teachers Bill 103 Information required on public register: 1. Decision and reasons of discipline committee 2. Resolutions adopted by the Discipline Committee through the complaints resolution process 3. Resolutions or summaries of resolutions adopted by the Investigation Committee through the complaints resolution process when publication is specified

Ontario College of Teachers 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

Ontario College of Teachers Bill 103 Beyond LeSage’s Recommendations Spousal provisions Referral of Registrar to DC-CR Removal of notations on public register

Challenges Ontario College of Teachers

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) Ontario College of Teachers

Questions? Slide 33 Ontario College of Teachers