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: Refusal to rescind notice under Trespass to Property Act
Outcome of investigation: No investigation

A complaint was launched against a member of the College – the director of a school board – after a school principal issued a notice to the complainant's spouse under the Trespass to Property Act. The notice was issued following an earlier altercation between the complainant's spouse and a teacher.

On several occasions the complainant wrote to the director of the board requesting that the trespass notice be terminated.

The complainant alleged that the director refused to rescind the notice and that in doing so caused “negative, irreversible damage” to the complainant and the complainant's family.

A panel of the Investigation Committee instructed staff not to investigate the complaint, concluding that it did not relate to professional misconduct, incompetence or incapacity. The committee advised the complainant that the committee did not have authority to instruct the member to rescind a notice issued under other legislation.

Case #2

Complaint: Emotional, physical and/or psychological abuse of student
Outcome of Investigation: Written caution

A parent complained to the College that their eight-year-old child's teacher had emotionally, physically and/or psychologically abused the student.

The complainant said that the teacher sent the student out of class and then persuaded the other students to play a practical joke on the student, that he put up “bunny ears” behind the student's head as the student passed, grabbed the student by the arm to place the student in a seat and threw a spelling book at the student. The complainant also alleged that the student was told the teacher was sick and tired of the student.

A panel of the Investigation Committee considered the complaint and directed that the member be cautioned, in writing, to make every reasonable effort to ensure a positive learning environment for all students. The panel also advised the member that “under no circumstances should the member initiate an activity whereby a student could be embarrassed or humiliated, nor is it ever appropriate to throw any object, including books, in the classroom.”

Case #3

Complaint: Striking student in face
Outcome of Investigation: Evidence did not support allegation

A 14-year old student's parent complained to the College that one of the student's teachers had struck the student in the face with a bag of newspapers after the student had been disruptive in class. The complainant said that the student turned to speak to a student in the row behind, the member called the student's name, and when the student turned to face the member, the member hit the student in the face with the newspapers, saying, “Listen to me.”

Although the complainant contacted the police, no charges resulted. The school board instructed the principal to conduct an investigation into the matter. The principal concluded that the force used by the teacher was reasonable and that any contact was unintentional.

The College's investigation, which included interviews with students and the member, revealed that the student had turned to “mess up” the papers of the student behind, and when the member approached the student to tell him to stop, the student turned and bumped a cheek on the bag of advertising flyers the member was holding.

The Investigation Committee panel considering the complaint directed that it not be referred to a hearing before the Discipline Committee and commented that – although the allegation related to professional misconduct – the information resulting from the College's investigation did not support the allegation.

Case #4

Complaint: Rude and disrespectful in telephone conversation
Outcome of investigation: No investigation

The member was a teacher with a school board and the complainant was the parent of a 13-year-old student in the member's class.

The parent alleged that the member had instructed the student to sit on a school bench during recess, in retribution for the student having “pushed and shoved” a schoolmate. When the member subsequently found the student in the classroom the member is alleged to have told the student that the student should be outside waiting in a line.

The complainant said that the student felt “embarrassed and ostracized” by the member's actions and the complainant decided to telephone the member to discuss the incident.

During that telephone conversation the complainant alleged that the member was rude and disrespectful, continually interrupted, refused to answer questions and terminated the call in mid-conversation.

A panel of the Investigation Committee reviewed the matter and directed staff not to investigate. The panel informed the complainant that the allegation did not relate to professional misconduct, incompetence or incapacity and that failure to provide “equal talk time” was something that should be addressed at the school level.