Complaint Filed with OCT
A complaint can be made by a member of the public (e.g. a parent), a member of
the College, the College Registrar or the Minister of Education.
The College shall refuse to investigate the complaint if:
- it does not relate to professional misconduct, incompetence or incapacity
- it is frivolous, vexatious or an abuse of process.
Professional misconduct is defined in Reg. 437/97, made under the Ontario College of
Teachers Act, 1996. (www.oct.ca) A member of the College may also be accused of
incompetence, pursuant to section 30 of the College of Teachers Act, or incapacity,
pursuant to to section 31 of the College of Teachers Act, 1996.
Notification of a Complaint
When you receive a copy of the written complaint against you, you will be required
to respond to the allegations. Even if a complaint does not, in your view, clearly
relate to grounds of professional misconduct or an allegation of incompetence, a
response must be made. Contact OPC.
If a complaint is made against you, do not respond to the College of Teachers
without OPC advice. Call OPC immediately.
If you are contacted by the College to provide evidence about another member of
the College, a failure to co-operate would constitute professional misconduct. Contact
OPC for guidance. Refer any request for student information to the board. Do not
release information about students without the board’s approval.
Documentation
In order to prepare to respond to a complaint against you, you should gather all
notes and relevant documents and begin a written narrative
Your response to the College will be prepared by OPC legal counsel.
It will include (at minimum):
- explanations and representations of the events in question
- legal arguments
- relevant documentary evidence you wish to rely upon in your defence
- a copy of your current Curriculum Vitae (C.V.) or résumé
- a list of witnesses, including the information you expect they will convey
- other relevant enclosures.
Investigation
A College investigator will review the response and all relevant documents and may
interview witnesses suggested by the parties.
The investigator will make a report to the Investigation Committee. The Investigation
Committee will provide its decision and reasons to the Registrar, who in turn will
send a copy to the parties and the employer school board.
The Investigation Committee may:
- take no further action (dismiss the complaint)
- require the member to be cautioned or admonished
- take other action as it considers appropriate
- direct that the matter be referred in whole or in part to the Discipline
Committee or the Fitness to Practice Committee.
Following the decision of the Investigation Committee, OPC legal counsel will
continue to advise you regarding further actions and procedures, if any. If a
complaint is referred for a hearing by the Discipline or Fitness to Practice Committee,
and is not resolved by way of negotiation beforehand, a full hearing (including
examination and cross-examination of witnesses) will ensue. Both the Discipline and
Fitness to Practice Committees have the authority to suspend or revoke a teaching
certificate, or to place terms, conditions and/or limitations on the certificate, among
other things.
(Source: OPC Professional Advice article: Ontario College of Teachers,
www.principals.ca)