2008 saw significant change to improve transparency in the application of the professional misconduct regulation.

At its March meeting, College Council members approved amendments to the professional misconduct regulation to list in four separate clauses the forms of abuse that were previously listed together in the regulation.

As well as providing transparency to the public this amendment will help end confusion about the number of members who face sexual misconduct allegations and ensure that teachers who face other allegations are not mistakenly believed to be accused of more serious misconduct.

Three College committees deal with complaints against members of the teaching profession.

Investigation Committee

The Investigation Committee conducts a document review of information related to all complaints. The Discipline Committee holds hearings on complaints referred to it, related to alleged professional misconduct or incompetence. The Fitness to Practise Committee holds hearings on complaints referred to it, related to alleged incapacity.

Panels composed of at least three members make decisions by considering the information related to a complaint. The panels are made up of a combination of elected and appointed Council members.

The College is contacted about 1,000 times a year by members of the public and the profession who raise issues concerning College members. About 66 per cent of these concerns expressed are resolved at the appropriate local level.

For more serious issues that lead to a formal complaint related to alleged professional misconduct, incompetence or incapacity of a member, the Investigations Unit generally undertakes an investigation, subject to the direction of the Investigation Committee. College staff presents the information gathered during an investigation of a complaint to the Investigation Committee.

The Investigation Committee may:

  • conclude that the complaint does not relate to professional misconduct, incompetence or incapacity and the committee will not refer the matter
  • conclude that the complaint is frivolous, vexatious or an abuse of process and the committee will not refer the matter
  • not refer the complaint to a hearing
  • caution or admonish the member
  • ratify a memorandum of agreement reached through dispute resolution
  • refer the matter to a Discipline or a Fitness to Practise hearing

Investigation Committee

  • Paul Brazeau (Chair)
  • Henry Tyndorf (Vice-Chair)
  • Monique Châteauvert (from September 2008)
  • Brian Doubleday
  • Nick Forte
  • Garry Humphreys
  • Heather Nagy
  • Anne Marie Levesque (until July 2008)
  • Susan Robertson
  • Sharon Young Kipp

Discipline Committee

The Discipline Committee considers allegations of incompetence and professional misconduct that are referred to it by the Investigation Committee. If a panel of the Discipline Committee finds the member guilty of professional misconduct or to be incompetent it may do one or more of the following:

  • direct the Registrar to revoke the member’s teaching certificate
  • direct the Registrar to suspend the certificate for up to two years
  • direct the Registrar to impose terms, conditions or limitations on the member’s teaching certificate
  • direct that the imposition of a penalty be postponed for a specific period and not imposed if specific terms are met within that period

Following findings of professional misconduct only, the committee may also:

  • require the member to be reprimanded, admonished or counselled by the committee
  • impose a fine of up to $5,000 payable to the Minister of Finance
  • publish its order, in detail or in summary, with or without the member’s name, in the College’s magazine
  • order costs to be paid by the member.

Three person panels, composed of a combination of elected and appointed members, make decisions by considering the evidence related to the allegations and submissions of the College and the member.

Discipline Committee

  • Jacques Tremblay (Chair)
  • Brent Hamelin (Vice-Chair)
  • Tianna Travaglini-Babic (Vice-Chair, until September 2008)
  • Danny Anckle
  • Gabrielle Blais
  • Tammy Bush (from November 2008)
  • Don Cattani
  • Dean Favero
  • Rosemary Fontaine
  • Mel Greif
  • Annilee Jarvis
  • Rollande Lavictoire (until June 2008)
  • Anne Marie Levesque (from July 2008)
  • John Tucker
  • Hanno K. Weinberger (from September 2008)
  • John Wells (until September 2008)

Fitness to Practise Committee

The Fitness to Practise Committee hears matters and determines if a member’s physical or mental condition makes them unfit to carry out professional responsibilities or if a member’s teaching certificate should be made subject to terms, conditions or limitations. Fitness to Practise hearings are not open to the public.

If a panel of the Fitness to Practise Committee finds the member to be incapacitated, it may do one or more of the following:

  • direct the Registrar to revoke the member’s teaching certificate
  • direct the Registrar to suspend the certificate for up to two years
  • direct the Registrar to impose terms, conditions or limitations on the member’s teaching certificate
  • direct that the imposition of a penalty be postponed for a specific period and not imposed if specified terms are met within that period.

Three person panels, composed of a combination of elected and appointed members, make decisions by considering the evidence related to the allegations and submissions of the College and the member.

Fitness to Practise Committee

  • Rosemary Fontaine (Chair)
  • Hanno K. Weinberger (Vice-Chair)
  • Mahdu Bhardwaj (from July 2008)
  • Gabrielle Blais
  • William Kirkwood
  • Rollande Lavictoire (until June 2008)
  • Tanya Roberts
  • Jacques Tremblay

Dispute Resolution

If deemed suitable and the parties agree, the College uses voluntary dispute resolution to promote the resolution of complaints. The Dispute Resolution Program is available at all stages of the complaint process and may be an alternative to a full investigation or contested hearing.

Information Sessions

In 2008, College representatives continue to meet with principals’ organizations, teachers’ federations and other stakeholder organizations to exchange information. Sessions include discussions about emerging issues, professional conduct and strategies for the appropriate resolution of complaints.