The Disciplinary Process
What does the Discipline Committee do?
The Discipline Committee is responsible for holding hearings about allegations of professional misconduct or incompetence of members as referred by the Inquiries, Complaints and Reports Committee. The Discipline Committee must provide a fair process for hearing evidence, determining member conduct and the most appropriate action to deal with conduct and protect the public.
The Committee process and decision-making must be in keeping with the provisions of the Regulated Health Professions Act . Discipline hearings are typically open to the public and a report of discipline decisions must be featured in the Colleges' annual report.
What is a discipline hearing?
A discipline hearing is a formal process conducted in a courtroom like setting. In a hearing, the lawyer representing the College and the lawyer representing the member present their cases to a panel of the Discipline Committee. Evidence is presented to the panel under oath by witnesses and cross examination is allowed. The hearing is usually open to the public. At the end of the hearing, the Panel of the Discipline Committee deliberates, makes a finding and decides on the penalty if the member is found guilty of professional misconduct or incompetence.
If the Panel finds the member guilty of professional misconduct or incompetence, it may make an order for any one or more of the following:
- Revoking or suspending the member's certificate of registration;
- Imposing terms, conditions and limitations on the member's certificate of registration;
- Reprimanding the member;
- Requiring the member to pay a fine to the government of Ontario ; and/or
- Requiring the member to reimburse the College for expenses associated with the investigation and the hearing.
A copy of the panel's decision is provided in writing to the complainant and the member. The decision must be published in the College's annual report.
Appeals from the decision of the Discipline Committee may be made to the Divisional Court.