Receiving and Investigating Complaints

Three College committees deal with complaints against members of the teaching profession and this annual report provides detailed statistical information on the committees’ activities in 2009.

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.

In 2009, a major focus for these committees was developing improved supports and procedures to ensure that members of committee panels are well-equipped to carry out their responsibilities in the public interest.

For example, the Discipline and Fitness to Practise Committees developed and implemented a three-year training program cycle which spans a Council term.The Investigation Committee is developing a similar plan.

Investigation Committee

Under the direction of the Investigation Committee, College investigators investigate formal complaints in a fair and impartial manner.

College staff presents the information gathered to a panel of the Investigation Committee who may do one of the following:

• refuse to investigate a complaint if it determines that the complaint does not relate to professional misconduct, incompetence or incapacity
• refuse to investigate a complaint if it determines that the complaint is frivolous, vexatious or an abuse of process
• not refer the complaint to a hearing
• caution or admonish the member, in writing or in person
• ratify a memorandum of agreement reached through dispute resolution
• refer the matter to a Discipline or a Fitness to Practise hearing.

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 incompetence 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.

The three person panels are composed of a combination of elected and appointed members and may include a member of the Roster. According to legislation, the majority of the individuals on a hearing panel must be Committee members, as opposed to Roster members, and at least one panel member must be an appointed member of Council, which gives the public a role in the disciplinary process, They make decisions by considering the evidence related to the allegations and submissions of the College and the member.

All Discipline Committee hearings are open to the public, including those that have been dealt with through the Dispute Resolution Program. The decision of the Discipline panel is final and binding.

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 and, therefore, this information is never accessible 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.

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. Complaints are disposed of through Dispute Resolution by the Investigation Committee, the Fitness to Practise Committee, and the Discipline Committee.

All discussions and materials shared during dispute resolution are kept confidential. Participation in the program occurs without prejudice to the parties. No one who participates in dispute resolution may repeat or use the information they obtain during the process. It is only at the Discipline hearing which is open that the content of the Memorandum of Agreement is made public.

Before an MOA, signed by the member and the Registrar, is presented to a Discipline hearing panel, the member acknowledges in the MOA awareness of the fact that the Discipline hearing is public and so is the information presented during the hearing. The panel may, in the public interest, request of the parties to make changes to the MOA. In the event that the MOA is not ratified by the Discipline panel neither the College representative nor the panel of persons to whom the MOA was referred may take part in the subsequent considerations of the complaint.

Information Sessions

In 2009, College representatives continued 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.