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 the previous article we focused on complaints that involve high-risk concerns and the work of the College’s Discipline and Fitness to Practise Committees.
In this article, we highlight the importance of responding to a complaint and tips on how you can respond.
Importance of responding to a complaint
It can be very stressful to learn that a complaint has been filed against you. It’s important to remember that the Complaints Committee has an obligation to ensure a fair process that gives you the opportunity to present your side of the story before making a decision.
By providing information to the Complaints Committee, you help them understand the situation and your involvement from your perspective. For that reason, it’s very important that you participate in this part of the process.
Take the time to learn about your rights as a member (see below) and read on for tips on how to respond.
Tips on how to respond if a complaint is filed against you.
- Take some time: Give yourself time to process what has happened and gather your thoughts. After receiving the complaint notice, take a couple of days to carefully review all the concerns raised within the complaint and reflect on them.
- Provide documents or evidence to support your story: Try to remain factual and objective and in doing so, back it up with documents or evidence that can support your response.
- Contact the College to learn about the complaint process: You are always welcome to contact the Professional Regulation department at proreg@college-ece.ca to learn about the complaints process. If you have questions regarding your investigation, please contact the investigator assigned to your case. It’s important to remember that any information provided is not considered legal advice. College staff cannot provide legal advice or make recommendations regarding what would be in your best interest.
- Don’t contact the complainant to discuss the complaint: It is generally better not to discuss the complaint directly with the person who filed it.
- Consider consulting legal counsel: You have the right to legal defense who can support and guide you throughout the investigation process or advise you of your legal rights if you wish. However, legal counsel is not required. The College’s complaints process is intended to be accessible to RECEs without legal counsel.
- Be thorough in your response: Think about…
- What do you want the Complaints Commitee to know?
- Have you done any courses or new learning to strengthen your practice?
- What are you doing differently after receiving the complaint to improve your practice?
In reflecting on these questions, ensure that you provide documentation or evidence to support your action for improvement.
- Be truthful, honest and sincere: Don’t alter any records or evidence. This is an act of professional misconduct and could be held against you.
You can download these Tips on how to respond if a complaint is filed against you.
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.
Participate in ongoing learning
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.
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
- Understanding Complaints: What happens in high-risk cases and the work of the Discipline and Fitness to Practise Committees