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: Saving explicit pornographic visual material on employer’s computer network
Outcome of investigation: Admonishment
An employer notified the College that a member had his duties suspended for having downloaded and saved on the employer’s computer network a significant amount of explicit pornographic visual material. On review of the information received in the matter, the Registrar filed a complaint regarding the member.
In responding to the allegations the member acknowledged that his actions were not appropriate and stated that, as a result, he had accepted from his employer an unpaid suspension of his duties. The member also indicated that the inappropriate material was not shown to students or any other member of the school community, and that he had not been aware of his employer’s policy on use of the computer network. The member expressed that his conduct did not amount to professional misconduct and thus the matter should not be referred to the Discipline Committee.
A panel of the Investigation Committee reviewed the relevant documentation and decided to require the member to appear before the committee to be admonished in person. The panel expressed its concerns regarding the gravity of the situation in that the inappropriate material could have been viewed by students.
Oral admonishments are delivered in person by members of the Investigation Committee. This process is not open to the public, and only the Committee members and the member are present.
Case #2
Complaint: Member not responding appropriately to student’s illness
Outcome of investigation: Not referred to Discipline Committee
A parent complained to the College that a member in an administrative position had not behaved appropriately when the parent’s child had been discovered ill at the school. Among the complainant’s concerns were that the member had not recognized the seriousness of the situation, given that the student had been found unconscious, and that overall the member had not responded appropriately to a student’s potentially serious illness.
The panel reviewed information obtained from the complainant, the member and several individuals who witnessed the incident.
The panel decided not to refer the complaint to the Discipline Committee and to take no further action. The panel noted that witnesses stated that the student was never unconscious. Regarding other allegations, the panel was of the opinion that the member acted appropriately given the information the member had at the time.
Case #3
Complaint: Provision of report cards with inaccurate comments
Outcome of investigation: Reminder
An employer reported to the College that a member had incorrectly documented on report cards that a strand had been taught, and had also assigned a mark for that strand. The employer indicated that, following a parent’s complaint, it was determined that the marks were correct but that the member had actually taught a different strand of the material, not the strand indicated on the report cards. The employer also indicated that, as a result of the employer’s investigation, the member immediately accepted responsibility for the inaccurate comments and agreed to receive professional development pertaining to instruction and assessment in that subject area. The member also apologized to the students and their parents. The report cards were corrected and reissued.
In her response to the complaint filed by the Registrar, the member indicated that she had hoped to cover the appropriate strands before the report cards were due, but had not been successful. She stated that she was extremely regretful of her mistake and also described steps she had taken to remedy her specific mistake in this matter, along with more general measures taken to ensure that this type of situation would not occur in the future.
The panel noted that the member acknowledged her responsibility in this matter, took appropriate steps to rectify the situation and apologized to the parties involved. The committee acknowledged the seriousness of the allegations; however, for the reasons cited above, the committee decided not to refer the member to a hearing of the Discipline Committee. Rather, the panel reminded the member that, if considered by a disciplinary committee, falsifying a record relating to a member’s professional responsibilities could potentiality result in a finding of professional misconduct.
Glossary of terms
The vocabulary used to report disciplinary hearings reflects their quasi-judicial nature. For a glossary of terms, visit www.oct.ca.
