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.
Cathy Rae-Ann McLean, RECE # 21715
Facts: The Member did not attend the hearing and was presumed to plead not guilty to professional misconduct. Following a contested hearing, the Discipline Committee made the following findings of fact. The Member made comments about a three-year-old child’s sexual orientation to another staff member within the classroom environment. The Member instructed and/or encouraged the same child to expose his penis in the presence of Centre staff and/or other children. The Member instructed and/or encouraged the child to touch his genital area and/or touch the genital area of other children and to kiss other children on the lips, and to lie on top of other children. The Member was also found to use profane language in the classroom and to have shown a picture of a man’s penis to her co-workers in the daycare centre.
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 verbally abusing a child who was under her professional supervision; psychologically and/or emotionally abusing a child who was under her professional supervision; sexually abusing a child who was under her professional supervision; failing to maintain the standards of the profession; acting or failing to act in a manner that, having regard to the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; and conducting herself in a manner that is unbecoming a member.
The panel stated: “The [Early Childhood Educators] Act requires specific penalties for Members who have been found guilty of professional misconduct involving the sexual abuse of a child. The legislation is clear that both a reprimand and revocation of the Member’s registration with the College are required pursuant to section 33.2 of the Act. These requirements protect the public by removing those members who have been found guilty of professional misconduct involving the sexual abuse of a child from the early childhood education profession.”
Penalty: The Committee directed the Registrar to revoke the Member’s certificate of registration. The Committee also required the Member to be reprimanded, ordered her to reimburse the College for funding provided through its funding for therapy and counselling program and ordered the Member to pay $20,000 to reimburse the College for a portion of the prosecution and hearing costs.
The full decision can be found here, linked under the heading “Special Notices”.
Alexandra Lynn Simonetta, RECE # 58211
Facts: The Member pled guilty to professional misconduct. Following an uncontested hearing, the Discipline Committee accepted the following admissions as facts. The Member was responsible for supervising a group of nine children in an after-school programme. At 3:15 p.m. during the busy school dismissal period, the Member took a head count of the group of nine children in the school hallway and then brought them out to the playground. She did another headcount somewhere between 5 and 15 minutes later and realized there was a child missing. The Member had not noticed that at some time between the headcount conducted at 3:15 p.m., and her next headcount, the child had left the Centre, alone and unsupervised. The child walked 850 meters home but finding no one there and the door locked, the child returned to a park adjacent to the school, where he was found by a neighbour who notified the child’s mother and returned the child to the Centre.
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 failing to supervise adequately a person who was under her professional supervision; failing to maintain the standards of the profession; acting or failing to act in a manner that, having regard to the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; and conducting herself in a manner that is unbecoming a member.
The panel stated: “the Member failed to know the current legislation, policies and procedures that are relevant to her professional practice and to the care of children contrary to Standard IV.B.1 of the College’s Standards of Practice. The Panel recognizes that when the Member realized her error, she did take appropriate action. Nonetheless . . . the Member failed to model professional behaviour and to understand that her conduct reflects on her and on her profession at all times, contrary to Standard IV.4.”
Penalty: The Committee directed the 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. The Committee also required the Member to appear before it to be reprimanded and ordered the Member to pay $1,000 to reimburse the College for a portion of the prosecution and hearing costs.
The full decision can be found here, linked under the heading “Special Notices”.
Alexandra Louise Forrestall, RECE # 63869
Facts: The Member pled guilty to professional misconduct. Following an uncontested hearing, the Discipline Committee accepted the following admissions as facts. On June 15, 2020, the Member accidentally struck and fatally injured a cyclist while driving her car. The Member did not remain at the scene and drove in a panicked state for 25 minutes before stopping. She then lied about the accident, saying her car had been hit by another car in a parking lot. She repeated the lie to her mother, her employer, the collision reporting centre, the police and her insurance company. The following day, the Member was arrested and charged with several criminal offences. On January 27, 2021, the Member pleaded guilty to and was found guilty of the criminal offence of Fail to Stop at Accident Causing Death, pursuant to sections 320.16(1) and (3) of the Criminal Code.
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 acting or failing to act in a manner that, having regard to the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; contravening a law, which contravention is relevant to her suitability to hold a certificate of registration; and conducting herself in a manner that is unbecoming a member.
The panel stated: “Generally speaking, conduct that demonstrates dishonesty, a lack of integrity, or disregard for the welfare and safety of members of the public, is conduct that will not be tolerated and would be viewed as disgraceful, dishonourable or unprofessional conduct. Although the Member’s actions were outside the practice of her profession, the seriousness of the behaviour reflects on the Member’s integrity, showed a lack of judgment and a lack of responsibility such that it runs the risk of reflecting negatively on the profession.”
Penalty: The Committee directed the Registrar to suspend the Member’s certificate of registration for 24 months and to impose terms, conditions and limitations on the Member’s certificate of registration, including coursework in ethics and mentorship. The Committee also required the Member to appear before it to be reprimanded and ordered the Member to pay $3,000 to reimburse the College for a portion of the prosecution and hearing costs.
The full decision can be found here, linked under the heading “Special Notices”.
Debra Jo-Anne Harwood, RECE # 68248
Facts: The Member pled guilty to professional misconduct. Following an uncontested hearing, the Discipline Committee accepted the following admissions as facts. The member physically restrained a child on two separate occasions over two days and did not report either of the incidents to management or the child’s parents until after a colleague reported the incidents. The Member then filed misleading reports indicating that she redirected the child. Following the first incident, the Member allowed the child to leave the classroom unsupervised and made no effort to stop the child from leaving the building. During the second incident, which took place the morning after the first incident, the child fell and began crying. CAS verified that the Member used physical intervention with the child she restrained, causing risk that he was likely to be physically and emotionally harmed because of the Member’s conduct.
That same morning during the before school program the Member failed to follow procedures when transitioning the children to their classrooms and did not conduct the required headcounts. This resulted in the Member failing to notice that a 4-year-old child had left the group and entered the playground alone and unsupervised. The 4-year-old child was found by a colleague and taken to his classroom. The Member did not realize the child was missing for 15 minutes until informed by the Centre’s supervisor that the Child had been found. The CAS also verified that the Member inadequately supervised the four-year-old child, causing risk that the child was likely to be harmed and/or distressed.
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 failing to supervise adequately a person who was under her professional supervision; physically abusing a child who was under her professional supervision; psychologically and/or emotionally abusing a child who was under her professional supervision; failing to maintain the standards of the profession; acting or failing to act in a manner that, having regard to the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; signing or issuing in her professional capacity, a document she knew or ought to have known contained a false, improper, or misleading statement; and conducting herself in a manner that is unbecoming a member.
The panel stated: “Her conduct demonstrated a complete failure to model professional values, beliefs and behaviours and further demonstrated that she did not understand that her conduct reflects on her as a professional and on her profession.”
Penalty: The Committee directed the Registrar to suspend the Member’s certificate of registration for 10 months and to impose terms, conditions and limitations on the Member’s certificate of registration, including mentorship. The Committee also required the Member to appear before it to be reprimanded and ordered the Member to pay $1,000 to reimburse the College for a portion of the prosecution and hearing costs.
The full decision can be found here, linked under the heading “Special Notices”.