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 required to publish summaries of decisions made by the Discipline Committee when the makes a finding of guilt. These summaries are posted on our blog. The College is also required to publish the full decisions and reasons from Discipline matters, which can be found on the College’s website, and on CanLII, the Canadian Legal Information Institute’s website.
Julia Christine Bernardi-Matthews, RECE # 52029
Facts: When a child tried to grab toys that the Member was sanitizing with a bleach solution, the Member moved the child away in an aggressive and abrupt manner. She forcefully grabbed the child’s upper arms and squeezed them against their torso. She then lifted the child off the chair they were seated on and forcefully sat them down on a different chair. As a result of the Member’s conduct, the child whimpered and suffered bruising on their arm.
Findings: The Committee decided that the Member committed several acts of professional misconduct under Ontario Regulation 223/08, including physically abusing a child who was under her professional supervision; psychologically 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; and acting in a manner that is unbecoming a Member.
The Committee decided that Member’s decision to sanitize the toys using bleach in the vicinity of the children was not necessary and created an unsafe environment. If the Member had been more diligent in following the Code of Ethics and Standards of Practice, the incident could have been avoided. The incident was brief and isolated, but even a single incident can reflect negatively on the profession and erode families’ trust in RECEs.
Penalty:
The Committee ordered the following penalty and costs:
- The Member’s certificate of registration was suspended for at least 7 months.
- Terms, conditions and limitations were imposed on the Member’s certificate of registration.
- The Member must appear before the Discipline Committee to be reprimanded.
- The Member will pay costs to the College in the amount of $1,000.
The full decision can be found here, linked under the heading “Special Notices”.
Gaetanne Dupelle, RECE # 04173
Facts: The Member yelled at a child to pick up a toy. When the child refused, the Member slapped them on the face, causing them to cry, run away and hide from the Member. This happened in front of other children in the classroom.
Findings: The Committee decided that the Member committed several acts of professional misconduct under Ontario Regulation 223/08, including failing to supervise adequately a person who was under her professional supervision; verbally abusing a child who was under her professional supervision; psychologically 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; and acting in a manner that is unbecoming of a member.
Although this was the first time the Member was involved in an incident reported to the College, the Committee observed that even a single incident can constitute physical and emotional abuse of a child and can breach numerous standards of practice.
Penalty:
The Committee ordered the following penalty and costs:
- The Member’s certificate of registration was suspended for at least 8 months.
- Terms, conditions and limitations were imposed on the Member’s certificate of registration.
- The Member must appear before the Discipline Committee to be reprimanded.
- The Member will pay costs to the College in the amount of $1,000.
The full decision can be found here, linked under the heading “Special Notices”.
Giovanna Fanara, RECE # 13782
Facts: The Member instructed a three-year-old child to remove a blanket from their mouth and then forcefully pulled it away. The child cried and felt pain. Two of their bottom front teeth became loose and displaced, and their periodontal ligament was inflamed. The Member failed to report the incident to the Centre’s management or to the child’s parents. She also did not document the incident until instructed to do so by the Centre’s management.
Findings: The Committee decided that the Member committed several acts of professional misconduct under Ontario Regulation 223/08, including 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; failing to keep records as required by her professional duties; and acting in a manner that is unbecoming of a member.
Although the Member did not intend to cause harm and made only a single forceful motion, her actions led to serious injury. The Committee decided that this type of forceful conduct is not child-centred and violates professional standards. The Member also failed to work in partnership with the family and Centre management to make sure the child had medical attention to minimize further discomfort or pain. Additionally, her failure to report the incident erodes the trust that families put in RECEs.
Penalty:
The Committee ordered the following penalty and costs:
- The Member’s certificate of registration was suspended for at least 6 months.
- Terms, conditions and limitations were imposed on the Member’s certificate of registration.
- The Member must appear before the Discipline Committee to be reprimanded.
- The Member will pay costs to the College in the amount of $1,000.
The full decision can be found here, linked under the heading “Special Notices”.
Cheryl Lynn Gourley, RECE # 05200
Facts: The Member and two colleagues were supervising 12 children, including a 3-year-old child with a disability. The Member did not notice that the child left the Centre alone and unsupervised for about 8 to 23 minutes. The child walked across the street and was found by a member of the public.
Findings: The Committee decided that the Member committed several acts of professional misconduct under 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 acting in a manner that is unbecoming of a member.
The Member knew about the child’s disability and did not provide appropriate supervision or a safe environment. This put the child at great risk.
Penalty:
The Committee ordered the following penalty and costs:
- The Member’s certificate of registration was suspended for at least 4 months.
- Terms, conditions and limitations were imposed on the Member’s certificate of registration.
- The Member must appear before the Discipline Committee to be reprimanded.
- The Member will pay costs to the College in the amount of $1,000.
The full decision can be found here, linked under the heading “Special Notices”.