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.
investigations
Case #1
Complaint: Verbal and physical abuse
Outcome of investigation: Written caution
The College received a complaint from parents that a member shouted at their child to go to the office and grabbed the child’s arm, resulting in bruising. The complainants sent a physician’s note, dated a few days after the incident, that confirmed the bruising. The parents also said that the member consistently denied the allegations, making the student appear untruthful.
The member said that she called on the student to explain an incident that had occurred and then accompanied the student to the office. The member denied the allegations and requested that the College not take further steps or issue a caution.
The panel stated that, in certain circumstances, it is appropriate for a teacher to use a loud voice to give direction to a student, and that there was not enough information to indicate if the member was being untruthful in denying the allegations.
The panel noted that although there was conflicting evidence about the allegation of physical abuse, the family doctor did confirm bruising that might have been a result of the incident. The panel decided to caution the member against the conduct described in this allegation.
Case #2
Complaint: Inadequate supervisory support and mental and physical
disorder
Outcome of investigation: No further action
A teacher complained that a member who held a supervisory position did not act appropriately regarding the complainant’s concerns of harassment from a student.
The complainant said that the student would follow him in the school and make harassing comments, that he had spoken with the member several times about the student’s behaviour, and that the member failed to take any appropriate action.
The complainant also alleged that the member is incapacitated and cannot perform the required supervisory duties.
In response, the member said that he told the complainant not to engage physically with the student and to contact the school administration should further harassment occur. The member also said that the complainant failed to provide any written documentation about the alleged harassment and refused on many occasions to discuss the matter, saying he had filed a complaint with the College. The member also denied the allegation that he is incapacitated.
The complainant said that, on the advice of his attorney, he did not forward any notes to the school administration.
The panel decided there was insufficient evidence to support the allegation of inaction pertaining to student harassment. The limited evidence was not supported by the employer or witnesses. There was also insufficient evidence to support the allegation of a health disorder. As a result, the panel decided to take no further action.
Case #3
Complaint: Verbal and emotional abuse
Outcome of investigation: Written admonishment
The complainants, parents of a student, alleged that a member engaged in inappropriate conduct in her comments to students on a school extracurricular team. For example, the complainant said that the member frequently swore at students and called them names.
The member denied the allegations and said the complainant did not say if any of the information was first-hand or consisted only of hearsay.
The panel concluded that the allegations, even if proven true, were not serious enough to warrant a referral to the Discipline Committee. However, the panel decided it was appropriate to admonish the member.
Glossary of terms
The vocabulary used to report disciplinary hearings reflects their quasi-judicial nature. For a glossary of terms, visit www.oct.ca.
