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: Purchasing alcohol for students and other inappropriate conduct
Outcome of investigation: Written caution
Based on information received from an employer, the Registrar filed a complaint alleging that, on encountering students in a licensed establishment, a member purchased alcoholic beverages for the students, some of whom were not of legal drinking age, and also that the member did not conduct himself with the students in a manner consistent with a teacher-student relationship while at the location. The member confirmed that he was indeed present at the establishment at the same time as the students but denied the allegations.
The panel reviewed the information provided, including information obtained from persons who were also present. The panel was of the view that the information before it was not sufficiently consistent to refer the matter to the Discipline Committee. However, the panel was of the opinion that the information raised sufficient concern that it was suitable to caution the member to maintain appropriate teacher-student professional boundaries and to use good judgment in and out of the school environment.
Case #2
Complaint: Concerns relating to inappropriate comments, student marking and supplying of class materials
Outcome of investigation: Not referred and no further action
The College received a parent complaint stating that a member made humiliating and inappropriate remarks to her child and made unreasonable demands pertaining to the completion of school work missed due to justified school absences. Given these concerns, the parent and school eventually decided that the student would make up missed classes in an administrator's office. The parent indicated that the member then did not supply the student with materials, such as worksheets and review resources, that were distributed to the other students. The complainant also indicated that, throughout the course, the member provided incorrect marks, for example by modifying test weighting.
The member responded that, when she was asked to provide missed class work for the student, she did so but had no direct contact with the student and that she had not provided any timeline for work completion. She denied making the inappropriate remarks that were the subject of the complaint. The member provided detailed explanations regarding the marking system and stated that she had supplied all required materials directly to a school administrator.
With regard to the concerns of inappropriate remarks and school work demands, the panel was of the opinion that due to conflicting information provided by the member and the complainant, the information before it was inconsistent and that it was appropriate to take no further action. With respect to the marking allegations, it was the opinion of the panel that the member's assessment and evaluation practices were consistent with the practices of the department. As to the allegation that the member did not supply the student with required materials, the panel was of the view that the member provided the appropriate materials through an administrator.
Case #3
Complaint: Yelling at a student
Outcome of investigation: Written caution
A parent contacted the College to file a complaint regarding a member's interaction with her child. The parent stated that the member became "enraged" when the student could not assemble a required piece of equipment correctly and yelled at the student several times, resulting in the student crying. The complainant also alleged that the member frequently yelled at students. The parent indicated that, at a meeting held to address the incident, the member lied to conceal his inappropriate behaviour.
In his response to the complaint, the member denied all the allegations. Regarding the allegations of yelling at the student, he responded that in attempting to assist the student he had spoken calmly and firmly in the noisy classroom environment .
The panel reviewed the information provided by the member, the complainant and the employer, who had conducted an investigation. The panel noted that the information provided raised concerns with regard to the member's verbal interaction with students in the classroom and decided to caution the member in writing regarding the allegations of yelling at students during this incident and at other times. With respect to the complaint that the member had been untruthful about the incident, the panel was of the opinion that there was insufficient information to support that allegation.
Glossary of terms
The vocabulary used to report disciplinary hearings reflects their quasi-judicial nature. For a glossary of terms, visit www.oct.ca ➔ Investigations & Hearings ➔ Decision Summaries ➔ Glossary of terms.
