Upon receipt of a complaint, the Complaints Director will review the complaint to determine if it falls within the College’s jurisdiction. The complainant and the regulated member will be contacted by the Complaints Director to review the complaint. Within 30 days of receipt, each party will receive a letter of acknowledgement and an outline of the next steps. The Complaints Director may investigate the complaint, appoint an investigator or a subject matter expert to review the complaint on their behalf.
The regulated member will receive a copy of the written complaint and is entitled to engage legal counsel if they so choose.
During an investigation, the complainant and investigated member will be interviewed by the Complaints Director or the appointed investigator. Witnesses with relevant information may also be contacted.
An investigation report is given to the Complaints Director to review. If there is sufficient evidence of unprofessional conduct, the Complaints Director will determine whether the complaint will be resolved by consent of both parties via an Agreement and Undertaking or referred to a disciplinary hearing. The complaint may also be dismissed.
A complaint may be dismissed if there is insufficient evidence to prove unprofessional conduct, or if the matter is out of the College’s jurisdiction. Once a complaint is dismissed by the Complaints Director, the complainant and investigated member are notified, a letter is sent to the complainant and the member notifying them of the dismissal and the file is closed.
If, as a complainant, you disagree with dismissal of the complaint by the Complaints Director, you may appeal the decision. Reviews of this nature are referred to the Complaint Review Committee (CRC). The appeal must be heard by the CRC as soon as reasonably possible. The CRC will be provided with a record of all of the information in the possession of the Complaints Director.
Resolution by agreement
With the consent of the complainant, the Complaints Director may resolve the complaint using an Agreement and Undertaking. An Agreement and Undertaking refers to a contract between the complainant, the Complaints Director, on behalf of the College, and the investigated member. Based on the complainant’s wishes and if appropriate to the matter, the Agreement and Undertaking may also be just between the Complaints Director, on behalf of the College, and the investigated member. Requirements in an Agreement and Undertaking can include, but are not limited to, completing specified education, testing, assessment, supervision, recertification and/or fines or any other requirement within timelines. Should the investigated member not follow through with any of the requirements it could lead to a suspension or being referred to a hearing.