Under the Act, a written report must be filed with the College Registrar if,

1. You, as an employer of a member of the College, terminate the employment of a member of the College for reasons of professional misconduct, incompetence or incapacity of the member.  A report would also be required if you intended to terminate the employment of a member of the College for reasons of professional misconduct, incompetence or incapacity of the member, but did not do so because the member resigned.
   
   
2. You, as an employer or former employer of a member of the College, become aware that a member of the College has been convicted of an offence under the Criminal Code (Canada) involving sexual conduct.
   
   
3. You, as a member of the College, are convicted of an offence under the Criminal Code (Canada) involving sexual conduct.
   
   
4. You, as a member of the College, in the course of your practice, obtain reasonable grounds to believe that another member of the College has sexually abused a client.

When must the Mandatory Report be made?

• The report must be made within 30 days of the date on which you terminated the member’s employment, or within 30 days of the date on which the member resigned.
• The report must be made promptly, if you, as an employer or former employer of a member of the College become aware that a member of the College has been convicted of an offence involving sexual conduct or if you, as a member of the College, are convicted of an offence involving sexual conduct.
• The report must be made within 30 days of the date on which you, as a member of the College, learned of the member’s sexual abuse of a client.  However, if you reasonably believe the member will continue to abuse the client, or other clients, you must make your report immediately.

Can I get in trouble for making a report?
If your report is made in good faith, the Act provides that there can be no proceedings instituted against you for making your report.
 
What can happen if I don’t make a report?
The Act makes failure to report an offence.  On conviction, there is liability for a fine of up to $25,000.  Members of the College who fail to report may also be charged with professional misconduct.
 
What should be included in the report?
The report should contain:

• Your name;
• The name of the member who is the subject of the report;
• A statement about whether the report is being made due to the termination or resignation of the member, the member’s conviction of an offence involving sexual conduct and/or the member’s sexual abuse of a client;
• If the report concerns the termination or resignation of a member, an explanation or description of the professional misconduct, incompetence or incapacity for which you terminated or intended to terminate the member;
• If the report concerns the member’s conviction of an offence involving sexual conduct, an explanation or description of the offence, including the dates on which: the sexual conduct occurred; the member was charged; and, the member was convicted;
• If the report concerns a member’s sexual abuse of a client, an explanation or description of the sexual abuse;
• The name of the client who was sexually abused ONLY IF the client or the client’s representative (if the client is incapable) has consented in writing.  If the client has not consented in writing, the client’s name MUST NOT be included in the report.

If you have questions regarding mandatory reporting, contact Marlene Zagdanski, Director of Complaints & Discipline (Ext. 208 or mzagdanski@ocswssw.org).  You can also download a copy of the College's Mandatory Reports brochure for more information.
 
Explanation of terms:
The following terms are defined under the SWSSW Act:

Professional Misconduct is any conduct that:

• Contravenes the Act, the regulations or the bylaws of the College.
• Contravenes an order of the Discipline Committee, the Complaints Committee, the Council or the Registrar.
• Is defined as being professional misconduct in the regulations (Ontario Regulation 384/00 – visit www.e-laws.gov.on.ca to download a copy of the regulation)

Incompetence:

The member has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of a person or persons of a nature or extent that demonstrates that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate of registration held by the member under this Act should be made subject to terms, conditions or limitations.

Incapacity:

The member is suffering from a physical or mental condition or disorder such that,

• The member is unfit to continue to carry out his or her professional responsibilities; or
• A certificate of registration held by the member under this Act should be made subject to terms, conditions or limitations.

Sexual Abuse:

Sexual abuse with respect to a client by a member of the College means:

• Sexual intercourse or another form of physical sexual relations between the member and the client,
• Touching, of a sexual nature by the member or,
• Behaviour or remarks of a sexual nature by the member towards the client, other than behaviour or remarks of a clinical nature appropriate to the service provided.