Learning Task 1: Researching a Legal Case - Ontario College of Teachers v Gow

(Part I)

Jennifer Lee, Lavinia Lindsay, & Dalal Khalil

EDUC 525: Ethics and Law in Education

Werklund School of Education, University of Calgary

October 24, 2023

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Fact-finding

Mr. Gow was employed from October 7, 1998 to March 31, 2011 with the Algonquin and

Lakeshore Catholic District School Board. He was dismissed in 2011 on grounds of

unsatisfactory performance as per The Education Act (Mr. Gow had failed all three TPAs

(Teaching Performance assessments) conducted in April 2010, June 2010, and February 2011 by

Ms. Sargeant. Mr. Gow had also failed to improve his teaching through all the resources and

opportunities for professional development as directed by his school’s administration.

Gaining Stakeholder Perspectives

Stakeholders involved in this case are the Ontario College of Teachers, Algonquin and

Lakeshore Catholic District School Board (the “Board”), Superintendent Ms. Terry Slack,

Principal Ms. Maureen Sargeant, and pupils. Mr Gow’s rapport with pupils was reportedly poor

and cause for concern. His classroom management involved yelling at students to incur

compliance, failing to provide appropriate learning supports such as technology and text

resources. Gow also failed to facilitate clear communications with students and their guardians

on curricular outcomes.

The school’s principal, Ms. Sergeant, Superintendent Ms. Slack and other colleagues

intervened and offered appropriate means of professional development as part of their

professional responsibilities to Mr. Gow to remediate his professional misconduct(s). The

process of dismissal was drafted by Ms. Sargeant after all avenues of resolution for Mr. Gow’s

conduct had failed by his refusal to uphold his professional responsibilities as per Ontario

Regulation 437/97 (Ontario College of Teachers Act, 1996).

For students, learning was repeatedly disrupted and stalled for reasons directly tied to Mr

Gow’s professional misconduct involving poor classroom management and unprofessionalism.

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Further proof of antagonistic learning conditions were apparent with noticeable cohort

improvements gained under a supply teacher when Mr. Gow was absent on professional leave.

Identifying Areas of Conflict

In contemporary Alberta, this incident reveals Gow’s professional incompetence under

the Education Act (2012) and the Alberta Code of Professional Conduct for Teachers and

Teacher Leaders (2023). Gow failed to “be considerate of the circumstances of students and

persons”' and was unable “to demonstrate a welcoming, caring, respectful and safe learning

environment that respects diversity and nurtures a sense of belonging, which students are entitled

to under the Act'' (2023). This case makes note of classroom chaos, lack of accommodation for

diverse learners, and violations of Teaching Quality Standard competencies (TQS, 2023). His

violations of the TQS include inability to foster effective relationships, and engage in

career-long. It is clear that Gow was testified against through an ethical framework (Mathur &

Corley, 2014) for his inability to teach in a caring and/or professional way.

Your Role as a Teacher

As teachers, we believe Gow received fair treatment throughout the case. Admin showed

flexibility and a growth mindset, providing him with multiple opportunities to enhance his

practice. We do not find alternative treatment necessary. Professionals should consider the

opportunities and resources available, and Gow was assessed three times with room for

improvement between assessments. Additionally, he received resources for practice

enhancement. We, as professionals, would leverage these opportunities, utilizing admin-provided

resources and seeking additional support to demonstrate our commitment to improving our

practices.
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Synthesis Questions

1. How important is it for a teacher and administrators to understand contractual obligations

and responsibilities? (what are each board’s procedures for dismissal and discipline?)

2. Consider the multiple opportunities Gow had to redeem himself as an educator.

Reflecting on the timeline of this case, does it seem like the board effectively balanced

the needs and rights of Gow with the needs and rights of the students who were most

impacted by his incompetence?

3. What kind of support systems should schools have in place to ensure teachers meet

professional standards and ethics?

4. Consider the TQS, Education Act, and Code of Conduct. How does this case contribute

to the legal framework surrounding teachers’ professional conduct?

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References

Alberta Education. (2007). Social studies kindergarten to grade 12 [GRADE 4: Alberta: The

land, histories and stories].

https://education.alberta.ca/media/159595/program-of-studies-gr-4.pdf.

Alberta Education. (2023). Code of Professional Conduct.

https://open.alberta.ca/dataset/9aae1037-3259-4bc6-a216-808238bcb913/resource/32eac3

a3-b479-41b5-a59e-faadf8a22d62/download/educ-code-of-professional-conduct-for-teac

hers-and-teacher-leaders.pdf.

Alberta Education. (2023). Teaching quality standard.

http://open.alberta.ca/publications/teaching-quality-standard.

Mathur, S. & Corley, K. (2014). Bringing ethics into the classroom: Making a case for

frameworks, multiple perspectives and narrative sharing.

Maxwell, B., Gereluk, D., & Martin, C. (2022). Teaching, a profession? In Professional Ethics

and Law in Education (19-35). Canadian Scholars.

Province of Alberta. (2012). Education act (Preamble).