investigations

The College investigates and considers complaints about members that relate to alleged professional misconduct, incompetence or incapacity. If the Investigation Committee concludes that a complaint does not relate to one of those three matters or is frivolous, vexatious or an abuse of process, it does not proceed with the complaint.

Approximately four out of five complaints are not referred to the Discipline Committee but are dismissed or resolved by other means. Examples of cases considered by the Investigation Committee and not referred to a hearing are provided here.

Case #1

Complaint: Touching student and requesting student to accompany teacher in a search for another student
Outcome: Written caution

The parent of a student in a special program for expelled students complained that the student's teacher got "uncomfortably close" to the student and sometimes touched the student's back or leg, making the student feel uncomfortable.

The parent also claimed that the member instructed the student to accompany the member when searching in the school for an expelled student who was apparently expected at the school for an anticipated fight.

A panel of the Investigation Committee concluded that the second matter, even if true, did not relate to professional misconduct. The committee cautioned the member in writing on the first matter, advising the member not to touch students and to maintain appropriate physical boundaries at all times.

Case #2

Complaint: Allegations of sexual abuse against several members
Outcome: Not referred to a hearing

A former student complained that, more than 10 years earlier, several members of the College committed acts of sexual abuse against the individual during a two-year period or witnessed sexual acts taking place in public areas of the school as well as the staff room.

In the course of the College's investigation, nine former students and classmates of the complainant were interviewed, none of whom witnessed any such acts.

The investigation also revealed that in 2002 the same individual had made complaints to two different divisions of a police service and had made a complaint to another police service, alleging sexual abuse by the individual's parent. No police investigations took place.

Finally, the College investigator obtained the complainant's consent to the release of some of the former student's medical records. Although revealing allegations of sexual abuse by others, these records contained no such allegations relating to any of the members complained against.

A panel of the Investigation Committee decided that the complaints were frivolous, vexatious and an abuse of process and did not refer any of the complaints to a hearing.

Case #3

Complaint: Principal failed to carry out duties appropriately
Outcome: No investigation undertaken

A grandparent of a Grade 4 student made 13 allegations against the principal at the child's school, alleging that the principal failed to do their job properly.

The member is alleged to have failed to maintain cleanliness, provide hand soap in the student washrooms, remove ice from exit doors, make safety patrollers responsible and provide adequate yard supervision, and to have removed the school's only bicycle rack.

The grandparent also alleged that the member failed to arrange an occupational therapist for the student and released information about an assessment to the student's classroom teacher before it got into the student's Ontario Student Record.

A panel of the Investigation Committee decided that the complaints did not relate to professional misconduct, incompetence or incapacity and refused to consider and investigate the matter.