In the first article of our “Understanding Complaints” series, we highlighted the different types of complaints that the College receives (public complaints, Mandatory Employer Reports (MER) and Registrar’s complaints) and the process the College follows to address them, and provided information on your rights as a member, along with relevant resources to support your practice.
In the second article and the third article, we took a closer look at MERs, Registrar’s and public complaints, along with the work of the Complaints Committee.
In this article, we will focus on what happens with complaints that involve high-risk concerns and the work of the College’s Discipline and Fitness to Practise Committees.
High-Risk Cases
Regardless of the type of complaint, whether it is a public complaint, Mandatory Employer Report or other information which forms the basis of a Registrar’s complaint, each matter involves an assessment of risk. The College considers several factors depending upon the nature of the concerns raised. Some of the factors may include:
- the impact on the child(ren) involved in the incident(s);
- whether it is a single incident or pattern of behaviour;
- the RECE’s previous history with the College; and
- the involvement and findings of other agencies (i.e. Children’s Aid Society or police services).
High-risk matters are often the most serious cases that warrant a referral from the Complaints Committee to the:
- Discipline Committee for allegations of professional misconduct; or
- Fitness to Practise Committee for incapacity concerns where an RECE may be suffering from a physical or mental condition that impacts their ability to practise safely.
Now, we’ll explore more closely the work of the Discipline and Fitness to Practise Committees.
Discipline Committee
The Discipline Committee holds public hearings. This is an important part of ensuring that the College carries out its mandate transparently. Hearings are conducted by a three-member panel of the Discipline Committee. Panels must include both RECEs and members of the public. Based on evidence such as witnesses, documents or video, it decides if an RECE is guilty of professional misconduct. RECEs have the right to be represented by a lawyer and present evidence in these hearings.
If an RECE is found guilty of professional misconduct, the Discipline Committee will determine the appropriate penalty. It can order that the member’s Certificate of Registration be suspended or impose conditions such as additional education or mentorship. In the most serious cases, the Discipline Committee may revoke an RECE’s Certificate of Registration to protect the public. The Committee may also require the RECE to reimburse the College for a portion of the investigation and hearing costs.
Fitness to Practise Committee
The Fitness to Practise Committee considers allegations of incapacity. As with the Discipline Committee, hearings are conducted by a three-member panel made up of both RECEs and members of the public. Based on evidence that usually includes reports from medical professionals, the Fitness to Practise Committee determines if a RECE is suffering from a physical or mental condition or disorder and:
- they are unfit to continue to carry out their professional responsibilities; or
- the RECE’s Certificate of Registration should be made subject to terms, conditions or limitations.
Unlike Discipline Committee hearings, these hearings are closed to the public to protect the personal information of the RECE involved. The decisions of the Fitness to Practise Committee are not publicized. The purpose of these hearings is not to punish the RECE. The Committee’s role is to protect the public while respecting RECEs’ privacy and supporting a safe return to practice.
What are your rights when there’s a complaint against you?
When an RECE is notified of a complaint against them, it can be stressful and trigger a range of emotions such as shock, anger, fear, and a need to defend themselves. These emotions can be overwhelming. Knowing that you have procedural rights may help reduce this stress.
You have the right to:
- An impartial investigation: No person investigating the complaint has any involvement in the complaint. They are neutral fact finders and seek to only gather the relevant information.
- Receive the results of the investigation: You will be provided with the results of the investigation prior to a decision being made.
- Provide a response to the complaint: You have the opportunity to provide a written response as part of the investigation, both at the outset and completion of an investigation. This is your chance to offer your side of the story.
- Have the investigation completed within a reasonable amount time: The College endeavours to complete the investigation within a reasonable time period and will provide updates on the status of the investigation to both the complainant and the RECE involved in the complaint.
- Seek legal assistance. You may wish to retain legal counsel to assist you and provide advice on how to respond to the complaint. The College investigator or College staff cannot provide you with advice on how best to respond to a complaint.
- A Complaints Committee free from conflict of interest: Consideration of the investigation results by a Complaints Committee comprised of practising RECEs and members of the public who are free from any conflict of interest.
- A written decision: A formal, written decision of the Complaints Committee so that you know why the Committee reached their decision.
One way the College protects the public is by proactively supporting RECEs in their practice with a variety of tools and resources, to help prevent problems before they arise.
Participate in ongoing learning
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Stay tuned for our next article for tips on how RECEs can respond to complaints.
Check out past articles of this series:
- Understanding Complaints, Your Rights and Resources
- Understanding Complaints: Mandatory Employer Reports and Registrar’s Complaints
- Understanding Public Complaints and the work of the Complaints Committee