Teacher Banned From Class For Racy E-mails; Lawyer Says Decision 'Too Harsh'
By Amy Carmichael
Originally published by the Canadian Press, May 18, 2001
TORONTO (CP) — A teacher who sent raunchy e-mails describing a male student as "hot" and "sexy" was permanently banned from the classroom Thursday. A three-member Ontario College of Teachers disciplinary panel ruled that Annie Markson be stripped of her teaching licence. Her lawyer, William Markle, immediately denounced the decision as too harsh.
"There are people out there that think this is probably the best solution to the problem," said Markle.
"I say you raised the bar so high for the profession that if you make one slip you could get your certificate taken away."
Markle said there was no proof his client abused the boy sexually, physically or emotionally and that there was no evidence that the student suffered any irreparable harm.
Markson must undergo psychiatric treatment and wait one year before she can apply for reinstatement.
The York Region Catholic school supply teacher was found guilty of professional misconduct on March 1 for a relationship with a 14-year-old student.
The student, who is now 17, told the college's disciplinary committee that he had five clandestine meetings with Markson and exchanged sexually explicit e-mails with her during the summer of 1998.
He said their relationship never went beyond hugs and kisses, which he initiated.
Thomas Forbes, a lawyer for the college, said the panel's decision sent out a message that inappropriate behaviour will be stopped before it progresses to physical assault.
"Do you want sexual intercourse to take place before you take action? Are you not to alert people to the insidious nature of grooming behaviour? We think you should."
Earlier Thursday, Forbes told the penalty hearing Markson should be banned from teaching because she didn't show up at the proceeding to apologize for her actions.
"There's been no direct apology, no expression of interest, of insight, no recognition," said Forbes.
But Markle insisted his client deeply regrets her actions.
He urged the panel not to ban her from teaching, saying she has suffered enough and isn't likely to reoffend.
"She's learned tremendous lessons, professionally, personally and emotionally," he said.
"God knows she'll keep her guard up and never let anything like this happen again."
He added that Markson didn't attend the hearing because he'd told her not to subject herself to the glare of the media.
A psychologist told the college on Wednesday that Markson has suffered chronic insomnia, guilt and depression.
Forbes suggested that she could have gone to counselling to address her "boundary issues" and have the doctor report back on her progress, but she did not.
He had asked that the college revoke her licence and order her to pay $38,000 in costs. This is the first time the college has tried to recover costs from a teacher facing disciplinary charges.
But the panel did not hand down any fines when rendering its decision Thursday afternoon.
Markson can apply to have her licence reinstated in one year, if she has a psychiatric assessment by one of the experts who testified for the college, the teaching profession's regulatory body. But no one has ever been reinstated, college spokesman Denys Gigure said.
Markson is the second woman to have her teaching licence taken away for professional misconduct since the disciplinary committee was created in 1998. More than 35 men have lost their certificates for that reason.
Markle said it's "a very real possibility" that Markson will challenge the decision of the panel in divisional court.
