DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

BETWEEN: ONTARIO COLLEGE OF TEACHERS and MARK ANTHONY SYPUS, OCT

AMENDED NOTICE OF HEARING THE INVESTIGATION COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS, pursuant to section 26, subsection (5) of the Ontario College of Teachers Act, 1996 (the “Act”), Statutes of Ontario, 1996, chapter 12, has directed that the matter hereinafter described regarding the conduct or actions of Mark Anthony Sypus, Certificate No. 494536, be referred to the Discipline Committee of the Ontario College of Teachers.

IT IS ALLEGED that Mark Anthony Sypus is guilty of professional misconduct as defined in subsection 30(2) of the Act in that: a) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5); b) he abused a student, or students, verbally, contrary to Ontario Regulation 437/97, subsection 1(7);

-2c) he abused a student, or students, physically, contrary to Ontario Regulation 437/97, subsection 1(7.1); d) he abused a student, or students, psychologically or emotionally, contrary to Ontario Regulation 437/97, subsection 1(7.2); e) he failed to comply with the Education Act, Revised Statutes of Ontario, 1990, chapter E.2, and specifically subsection 264(1) thereof or the Regulations made under that Act, contrary to Ontario Regulation 437/97, subsection 1(15); f) he committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); g) he engaged in conduct unbecoming of a member, contrary to Ontario Regulation 437/97, subsection 1(19).

PARTICULARS OF THESE ALLEGATIONS ARE AS FOLLOWS: 1. Mark Anthony Sypus (the “Member”) is a member of the Ontario College of Teachers (the “College”), in good standing. 2. At all material times, the Member was employed by the Thunder Bay Catholic District School Board (the “Board”) as an occasional teacher. 3. In March and June of 2013, the Member made inappropriate comments to students on more than one occasion, including but not limited to: a) Telling students to “fuck off”; b) Telling a male student to “grow a pair”; c) Referring to students and their questions as “useless”, “immature”, “dumb”, “special” and “stupid”; d) Telling a female student that “it looks like your make up was put on with paint by numbers”;

-3e) Making the comment “size matters” during class, which was perceived by the students as having a sexual undertone; f) Telling a [XXX] year old female student that “the boys are checking you out from behind”, making her feel uncomfortable; g) Making a comment "he thinks he is above others because of what his dad does", in reference to the child of a [XXX]; h) Telling a female student, “know what it means when girls and boys hit each other?”... "oh that’s incest!" when the female student mentioned the other student was her [XXX]. 4. In June 2013, the Member punched a female student’s desk while the student was seated at the desk. 5. In October 2010, the Member received feedback from the Board regarding concerns of disrespectful and embarrassing comments to students. In January 2011, the Member received a written reprimand from the Board for making inappropriate comments to students. In December 2011, the Member received a letter of warning from the Board for inappropriate comments to students, poor classroom management, lack of assistance to students and using angry/threatening tones in class. 6. The Member was suspended by the Board on March 25, 2013 for three days without pay and was terminated in September 2013. THE DISCIPLINE COMMITTEE WILL HOLD A HEARING pursuant to sections 30 and 32 of the Act, to decide whether the allegations are true and whether Mark Anthony Sypus is guilty of professional misconduct. A copy of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee will be provided upon request.

THE DISCIPLINE COMMITTEE WILL MEET on December 15, 2014 at 9:00 a.m. to set a date for the hearing of this matter. The Committee will meet on the 12th Floor of the offices of the Ontario College of Teachers at 101 Bloor Street West, Toronto, Ontario.

-4-

YOU ARE ENTITLED TO BE PRESENT ON THE ABOVE MENTIONED DATE AND AT THE HEARING AND TO BE REPRESENTED BY LEGAL COUNSEL. If you wish, you or your legal counsel may contact Alyssa Brierley, Legal Counsel, to discuss the scheduling of a hearing date and to determine whether a date for the hearing can be agreed upon. If a date for the hearing can be agreed to, in accordance with Rule 4.02(2) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, the hearing will proceed on the agreed date. IF A DATE FOR THE HEARING OF THIS MATTER IS NOT AGREED UPON AND YOU DO NOT ATTEND ON DECEMBER 15, 2014 TO SET A DATE FOR THE HEARING OF THIS MATTER, THE DISCIPLINE COMMITTEE MAY PROCEED IN YOUR ABSENCE TO SET A DATE FOR THE HEARING. NOTICE OF THE HEARING DATE WILL BE PROVIDED TO YOU IN WRITING AT YOUR LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE COLLEGE.

IF YOU DO NOT ATTEND ON THE SCHEDULED HEARING DATE, THE DISCIPLINE COMMITTEE MAY PROCEED IN YOUR ABSENCE AND YOU WILL NOT BE PROVIDED WITH ANY FURTHER NOTICE OF THE PROCEEDINGS.

IF THE DISCIPLINE COMMITTEE FINDS YOU GUILTY of professional misconduct, you are liable to the penalties set out in section 30 of the Act.

-5-

A MEMBER whose conduct is being investigated in proceedings before the Discipline Committee may examine before the hearing any written or documentary evidence that will be produced or any report, the contents of which will be given as evidence at the hearing. You or your representative may contact the office of Alyssa Brierley of the Ontario College of Teachers, at 101 Bloor Street West, Toronto, ON M5S 0A1, telephone 416-961-8800.

Date:

4th November, 2014

Michael Salvatori, OCT Chief Executive Officer and Registrar Ontario College of Teachers 101 Bloor Street West Toronto, ON M5S 0A1

TO:

Mark Anthony Sypus c/o Jerry Raso Ontario English Catholic Teachers' Association 400-65 St. Clair Avenue East Toronto, ON M4T 2Y8

BETWEEN: ONTARIO COLLEGE OF TEACHERS

- and -

MARK ANTHONY SYPUS DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

AMENDED NOTICE OF HEARING

Ontario College of Teachers 101 Bloor Street West Toronto, ON M5S 0A1 Alyssa Brierley Tel. 416 961-8800 Fax 416 961-8822 Legal Counsel for the Ontario College of Teachers