Jennifer Dorland

The former Cornwall-area junior high school teacher who sexually assaulted one of her 13-year-old male students was sentenced Tuesday to six months in jail.

Jennifer Dorland, 42, who is now known as Jennifer Toews, was found guilty of sexual assault, sexual interference and invitation to sexual touching on Dec. 20, 2007.

The trial heard evidence that the former Grade 7 and 8 teacher had a sexual encounter with one of her former students, during which they kissed and fondled each other on a couch in Ms. Dorland’s basement in September 2004. In spite of her convictions, Ms. Dorland, who has no prior criminal record, has maintained her innocence

Justice Julie-Ann Parfett also sentenced Ms. Dorland to two years’ probation, the conditions of which require Ms. Dorland to register as a sex offender, have no communication with the victim or his family, not come within 500 metres of the victim’s home, place of work or school, not be alone with anyone under the age of 16 – with the exception of her own children – without another adult present and continue to attend counseling.

The father of the victim, whose name is subject to a publication ban, said he was satisfied with the sentence.

“Justice has been served. It’s been three years coming, but justice has been served,” he said, declining further comment.

Ms. Dorland’s defence had been seeking a conditional sentence, the majority of which could be served under house arrest, citing a psychological assessment that showed Ms. Dorland is not a pedophile, is not likely to reoffend and was “emotionally vulnerable” when the sexual encounter occurred as a result of her failing marriage. Crown prosecutors were asking for a jail sentence of at least 15 months.

In her sentencing decision, Justice Parfett said she accepted the assessment by Dr. Paul Fedoroff, but it did not justify a conditional sentence.

“While her psychological state may explain (her actions), it does not excuse it,” she said.

Justice Parfett said the fact that the charges against Ms. Dorland were based on a single incident and that she has “already paid a heavy price” in terms of loss of employment and reputation factored into her sentencing decision.

Justice Parfett said she agreed with the Crown that no exceptional circumstances existed to merit a conditional sentence and that the jail sentence reflects the severity of the breach of trust between student and teacher.

“She stepped over a line – a line drawn in concrete.”

When Justice Parfett delivered her sentence, Ms. Dorland, her hair shorter and greyer than when she last appeared in court, stood solemnly and quietly cried.

As Justice Parfett left the courtroom, Ms. Dorland was prevented from making physical contact with family by a bailiff, who took her into custody.

She did not make eye contact with the victim’s family.

Ms. Dorland’s lawyer refused to comment after the hearing.

The Ontario College of Teachers revoked Ms. Dorland’s teaching licence in May when a three-member disciplinary panel found that her actions “betrayed the trust of students, parents and the public.”

“She used her position of authority to take advantage of the student for her own sexual gratification,” read the panel’s decision.

Meanwhile, Ms. Dorland and the Upper Canada District School Board are named in a lawsuit filed by the student’s family in Ottawa court.
The lawsuit, which was filed in January, seeks $300,000 in general damages for the student and $50,000 each for his mother, father and brother.

The family claims the student has developed severe anxiety, depression, insomnia, post-traumatic stress disorder, loss of confidence and self-esteem and chronic problems with assertiveness and feelings of powerlessness.