Part 7 — Education Professions and Occupations Division 1 Responsibilities
225.9991 Findings of hearing committee
teacher leader is professionally incompetent, the hearing committee
may find one or more of the following with respect to the teacher
or teacher leader:
(a) that the teacher
(i) is professionally incompe tent in carrying out teaching
duties related to a teaching certificate if, in the opinion
of the hearing committee, the teacher does not meet the
requirements of the Teaching Quality Standard, or
(ii) is not professionally incompetent in carrying out the
teaching duties related to a teaching certificate if, in the
opinion of the hearing committee, the teacher meets the
requirements of the Teaching Quality Standard;
(b) that the teacher leader
(i) is professionally incompetent in carrying out the
leadership duties related to a leadership certificate if, in
the opinion of the hearing committee, the teacher leader
does not meet the requirements of the Leadership
Quality Standard, or
(ii) is not professionally incompetent in carrying out the
leadership duties related to a leadership certificate if, in
the opinion of the hearing committee, the teacher meets
the requirements of the Leadership Quality Standard;
(c) that the teacher leader
(i) is professionally incompetent in carrying out the
leadership duties related to a superintendent leadership
certificate if, in the opinion of the hearing committee,
the teacher leader does not meet the requirements of the
Superintendent Leadership Quality Standard, or
(ii) is not professionally incompetent in carrying out the
leadership duties related to a superintendent leadership
certificate if, in the opinion of the hearing committee,
the teacher meets the requirements of the Superintendent
Leadership Quality Standard.
(2) With respect to a complaint that the alleged conduct of a
teacher or teacher leader constitutes unprofessional conduct, the
hearing committee
(a) may find the conduct of th e teacher or teacher leader to
constitute unprofessional conduct if, in the opinion of the
hearing committee, the conduct of the teacher or teacher
leader
(i) is detrimental to the best interests of students, the public,
teachers or teacher leaders or the teaching profession, or
(ii) does not comply with the code of professional conduct,
(b) shall find the conduct of th e teacher or teacher leader to
constitute unprofessional conduct if the conduct of the
teacher or teacher leader is the basis for a conviction for an
indictable offence, or
(c) if clauses (a) and (b) do n ot apply, may find that the conduct
of the teacher or teacher leader does not constitute
unprofessional conduct.
(3) If a hearing committee makes a finding under subsection
(2)(b),
(a) the hearing committee shall make a recommendation to the
Minister under section 225.9992(2), and
(b) if the hearing committee does not make a recommendation
to the Minister to suspend or cancel one or more certificates
of the teacher or teacher leader, the reasons for the hearing
committee's decision must set out why such a
recommendation has not been made.
2022 c7 s12