The Discipline Committee hears matters regarding allegations of professional misconduct and/or incompetence which have been referred by the Complaints Committee following investigation.
The College is mandated to publish a summary of its disciplinary decisions and reasons when the Discipline Committee makes a finding of guilt. These disciplinary decisions are then published on the College’s website, on our blog and on CanLII, the Canadian Legal Information Institute’s website.
Note the number of Discipline Decisions listed is higher than normal for this timeframe; Discipline summaries were not included in the summer or fall issues of Connexions in order to focus on resources related to the pandemic. During this time, decisions continued to be published on the College’s website as usual.
Sheila Franco
DISCIPLINE COMMITTEE ORDER
Suspended Sheila Franco’s Certificate of Registration (registration number 52549) for seven months.
Reprimand, Terms, Conditions and Limitations on the Member’s Certificate of Registration that include mentorship.
Contribution of $1,000 towards the College’s prosecution and hearing costs.
Agreed facts: Sheila Franco (the “Member”) was employed as an RECE at a child care centre (the “Centre”) in Holland Landing, Ontario. The Member and two other RECEs were supervising a blended group of toddlers and preschool aged children. During this time, the Member was supervising children who were riding bicycles on the outdoor paved play area. The Member left the group without communicating to the other RECEs in order to change a child’s diaper. As a result, five to seven children were left unsupervised outside. Within five to ten minutes, several of the children were located in various points along a pathway that led from the play area to the residential street.
The children were led back to the school by two drivers who had stopped and gotten out of their cars.
Finding: In its decision, the panel found that the evidence supported findings of professional misconduct.
The Member was found guilty of several acts of professional misconduct (Ontario Regulation 223/08), including that she failed to supervise adequately a person under her professional supervision; she failed to maintain the standards of the profession; she acted in a manner that would reasonably be regarded by members as disgraceful; and she conducted herself in a manner that is unbecoming a member.
Penalty: The panel required the member to appear before the Discipline Committee to be reprimanded. The panel directed the College’s Registrar to suspend the Member’s Certificate of Registration for seven months and to impose terms, conditions and limitations on the Member’s Certificate of Registration, including mandatory mentorship sessions. In addition, the Member was required to contribute $1,000 to the College’s prosecution and hearing costs.
To read the full decision, click here.
Malgorzata (Margaret) Lulek
DISCIPLINE COMMITTEE ORDER
Suspended Malgorzata Lulek’s Certificate of Registration (registration number 08287) for six months.
Reprimand, Terms, Conditions and Limitations on the Member’s Certificate of Registration that include mentorship.
Contribution of $1,000 towards the College’s prosecution and hearing costs.
Agreed facts: Malgorzata Lulek (the “Member”) was employed as an Early Childhood Educator at a child care centre (the “Centre”) in Bolton, Ontario. The Member was supervising children at the Centre’s indoor play area. A child that was pushing other children was placed on a bench next to the Member. The Member then pushed the child who fell off of the bench.
The Member was charged by police and plead guilty in criminal court to assaulting the child.
Finding: In its decision, the panel found that the evidence supported findings of professional misconduct.
The Member was found guilty of several acts of professional misconduct (Ontario Regulation 223/08), including that she physically abused a child who was under her professional supervision; she psychologically or emotionally abused a child who was under her professional supervision; she failed to maintain the standards of the profession; she acted in a manner that would reasonably be regarded by members as disgraceful; she contravened a law; and she conducted herself in a manner that is unbecoming of a member.
Penalty: The panel required the member to appear before the Discipline Committee to be reprimanded. The panel directed the College’s Registrar to suspend the Member’s Certificate of Registration for six months and to impose terms, conditions and limitations on the Member’s Certificate of Registration, including mandatory mentorship sessions. In addition, the Member was required to contribute $1,000 to the College’s prosecution and hearing costs.
To read the full decision, click here.
Daniel Robert Harker
DISCIPLINE COMMITTEE ORDER
Immediate revocation of Daniel Harker’s Certificate of Registration (registration number 43673).
Reprimand, Revocation of membership, contribution of $5,000 towards the College’s prosecution and hearing costs, requirement to reimburse the College for funding for therapy and counselling for the children.
Agreed facts: Daniel Harker (the “Member”) was employed as an Early Childhood Educator at two child care centres in Toronto (the “Centres”). Between October 2012 and March 2016, the Member was supervising children In their homes at the request of the children’s parents. On several occasions, the Member engaged in sexual interference and/or sexual assault with three of the children in his care.
The Member was found guilty in criminal court proceedings in May 2018 and sentenced to five years in custody.
Finding: In its decision, the panel found that the evidence supported findings of professional misconduct.
The Member was found guilty of several acts of professional misconduct (Ontario Regulation 223/08), including that he sexually abused a child who was under his professional supervision; he abused physically, sexually, verbally, psychologically or emotionally a child who was under his supervision; he failed to maintain the standards of the profession; he acted in a manner that would reasonably be regarded by members as disgraceful; he contravened more than one law; and, he conducted herself in a manner that is unbecoming of a member.
Penalty: The panel required the member to appear before the Discipline Committee to be reprimanded. The panel directed the College’s Registrar to revoke the Member’s Certificate of Registration. In addition, the Member was required to contribute $5,000 to the College’s prosecution and hearings cost, and is required to reimburse the College for funding for therapy and counselling for the children.
To read the full decision, click here.
Vijayalakshmi Ethiraju
DISCIPLINE COMMITTEE ORDER
Suspended Vijayalakshmi Ethiraju’s Certificate of Registration (registration number 03781) for four months.
Reprimand, Terms, Conditions and Limitations on the Member’s Certificate of Registration that include mentorship.
Contribution of $1,000 towards the College’s prosecution and hearing costs.
Agreed facts: Vijayalakshmi Ethiraju (the “Member”) was employed as an Early Childhood Educator at a child care centre (the “Centre”) in Etobicoke, Ontario. The Member and two other staff members were supervising a group of eight children in the Centre’s infant program. The Member, along with her colleagues, was preparing to take the children for a walk in strollers. Neither the Member nor her colleagues checked the room or performed a headcount before leaving the Centre, which resulted in a sleeping 14-month-old child being left behind, unsupervised. The child was found alone and crying by another employee at the Centre approximately 10-12 minutes after the group had left for their walk.
Finding: In its decision, the panel found that the evidence supported findings of professional misconduct.
The Member was found guilty of several acts of professional misconduct (Ontario Regulation 223/08), including that she failed to adequately supervise a child in her care; she failed to maintain the standards of the profession; and she acted in a manner that would be reasonably regarded by members as disgraceful, dishonourable or unprofessional.
Penalty: The panel required the Member to appear before the Discipline Committee to be reprimanded. The panel directed the College’s Registrar to suspend the Member’s Certificate of Registration for four months and to impose terms, conditions and limitations on the Member’s Certificate of Registration, including mandatory mentorship sessions. In addition, the Member was required to contribute $1,000 to the College’s prosecution and hearing costs.
To read the full decision, click here.
Edlinda Gacaj
DISCIPLINE COMMITTEE ORDER
Suspended Edlinda Gacaj’s Certificate of Registration (registration number 04155) for four months.
Reprimand, Terms, Conditions and Limitations on the Member’s Certificate of Registration that include mentorship.
Contribution of $1,000 towards the College’s prosecution and hearing costs.
Agreed facts: Edlinda Gacaj (the “Member”) was employed as an Early Childhood Educator at a child care centre (the “Centre”) in Etobicoke, Ontario. The Member and two other staff members were supervising a group of eight children in the Centre’s infant program. The Member, along with her colleagues, was preparing to take the children for a walk in strollers. Neither the Member nor her colleagues checked the room or performed a headcount before leaving the Centre, which resulted in a sleeping 14-month-old child being left behind, unsupervised. The child was found alone and crying by another employee at the Centre approximately 10-12 minutes after the group had left for their walk.
Finding: In its decision, the panel found that the evidence supported findings of professional misconduct.
The Member was found guilty of several acts of professional misconduct (Ontario Regulation 223/08), including that she failed to adequately supervise a child in her care; she failed to maintain the standards of the profession;, and she acted in a manner that would be reasonably regarded by members as disgraceful, dishonourable or unprofessional.
Penalty: The panel required the Member to appear before the Discipline Committee to be reprimanded. The panel directed the College’s Registrar to suspend the Member’s Certificate of Registration for four months and to impose terms, conditions and limitations on the Member’s Certificate of Registration, including mandatory mentorship sessions. In addition, the Member was required to contribute $1,000 to the College’s prosecution and hearing costs.
To read the full decision, click here.
Laurie-Anna Marie Clark
DISCIPLINE COMMITTEE ORDER
Suspended Laurie-Anna Marie Clark’s Certificate of Registration (registration number 02995) for nine months.
Reprimand, Terms, Conditions and Limitations on the Member’s Certificate of Registration that include mentorship and coursework.
Contribution of $12,000 towards the College’s prosecution and hearing costs.
Facts: Laurie-Anna Marie Clark (the “Member”) was employed as an Early Childhood Educator at a child care centre (the “Centre”) in Port Perry, Ontario. The Member was supervising a group of children. During this time, the Member was assisting a child in the bathroom who stuck their hand(s) in the toilet. The Member then hit or struck the child in the back of the head with enough force that the child’s head hit the toilet seat, and they began to cry. The Member then yelled at the child.
Finding: In its decision, the panel found that the evidence supported findings of professional misconduct.
The Member was found guilty of several acts of professional misconduct (Ontario Regulation 223/08), including that she physically abused a child who was under her professional supervision; she failed to maintain the standards of the profession; she acted in a manner that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; and she conducted herself in a manner that is unbecoming of a member.
Penalty: The panel required the Member to appear before the Discipline Committee to be reprimanded. The panel directed the College’s Registrar to suspend the Member’s Certificate of Registration for nine months and to impose terms, conditions and limitations on the Member’s Certificate of Registration, including mandatory mentorship sessions and coursework. In addition, the Member was required to contribute $12,000 to the College’s prosecution and hearing costs.
To read the full decision, click here.