Executive Summary: Key Legal and Evidentiary Issues

Expert testimony on systemic racism and anti-Black racism was excluded because the expert lacked knowledge of TDSB investigation procedures and provided limited, one-sided analysis specific to the appellant's case. Multiple incidents of verbal aggression toward colleagues and students with special needs, spanning from 2014 to 2018, formed the foundation for professional misconduct findings. Credibility assessments relied partly on prior consistent statements, which are generally inadmissible and go to weight rather than admissibility. Whether systemic racism or unconscious bias influenced the investigation remained contested, with the tribunal finding no evidence supporting such bias in the discipline process. Physical contact allegations against a developmentally delayed student were proven through circumstantial evidence and witness inference rather than direct observation of the conduct. Cultural background and communication style differences were acknowledged but found insufficient to excuse conduct departing from professional standards required of Ontario teachers.

Background and allegations

Loretto Okafor is an Ontario-certified teacher who taught at Drewry Secondary School from 2004 to 2018, primarily in the Developmentally Delayed stream. She holds education degrees from Nigeria and immigrated to Canada in 2002. The Ontario College of Teachers issued two notices of hearing in 2018 and 2019, later consolidated, alleging professional misconduct across seven incidents involving verbal abuse of colleagues and students, emotional abuse, and physical contact with a student.

Key incidents

Between March 2014 and May 2018, Ms. Okafor engaged in multiple confrontations. In the first incident (March 2014), she pointed at and yelled at an Educational Assistant in front of staff and students. In June 2014, she yelled at a colleague and made disparaging comments about her students. In December 2015, she yelled at another teacher regarding classroom staffing. Between 2016 and 2018, she made concerning statements to a self-harming student, yelled at educational assistants, and on May 3, 2018, allegedly hit a developmentally delayed student on two occasions while taunting him with statements like "Hit me, I dare you" and "I'll call the police."

Expert evidence and credibility

Ms. Okafor sought to present expert testimony on systemic racism and anti-Black racism from Dr. Paul Carr, who held a doctorate on anti-racism in the Toronto District School Board. The Discipline Committee accepted him as an expert on racism in education generally but rejected his opinions regarding whether racism affected her investigation and discipline, finding his analysis one-sided and lacking necessary knowledge of TDSB investigation procedures. The Divisional Court upheld this exclusion. Regarding witness credibility, the tribunal preferred staff testimony over Ms. Okafor's, finding her evidence unclear and inconsistent. Student 1's testimony was deemed unreliable due to inconsistencies, apparent parental prompting during testimony, and his admitted prior false statements to police. The finding that Ms. Okafor hit Student 1 was supported by witness Ms. Gaffar's testimony that she heard the student exclaim "ouch-you hit me" and her direct observation of another hitting incident, combined with Ms. Okafor's inability to explain the student's statement.

Misconduct findings and penalty

The Discipline Committee found Ms. Okafor guilty of professional misconduct including verbal and emotional abuse of students with special needs and unprofessional conduct toward colleagues. The tribunal acknowledged Ms. Okafor's cultural background might explain her communication style but found such cultural differences cannot excuse conduct departing from professional standards. The penalty imposed included a written reprimand, five-month teaching suspension, mandatory coursework in anger management and classroom management, and costs of $60,000.00 payable over six years. Ms. Okafor appealed, arguing systemic racism and unconscious bias were not adequately considered. The Divisional Court found the tribunal had already thoroughly addressed racism arguments at the misconduct phase and, having found no anti-Black racism played a role, was not required to apply criminal sentencing principles regarding systemic racism to the penalty decision.

Outcome and costs

The appeal was dismissed entirely. The Ontario College of Teachers, as the successful party, received appellate costs of $10,000.00 ($7,000.00 for liability and $3,000.00 for penalty). Combined with the $60,000.00 ordered at the misconduct phase, the total monetary award granted in favor of the Ontario College of Teachers is $70,000.00. Ms. Okafor's five-month suspension from teaching and requirement to complete professional development in anger management and classroom management were upheld.