As part of its duty to serve and protect the public interest, the College is required to have a Discipline Committee.
 
This Web page provides a brief overview of the College’s discipline process. Although every effort has been made to ensure that the information is accurate and current, it is not intended to be an exhaustive summary. In the event of any discrepancy between this Web page and the Act, regulations and College bylaws, the latter will prevail.

For comprehensive information on the Discipline procedures, please review Part III of the Social Work and Social Service Work Act

The duties of the Discipline Committee are to:

1. hear and determine allegations of professional misconduct or incompetence on the part of a member of the College directed or referred to it by the Complaints Committee, the Council, or the Executive Committee; and
2. perform any other duties assigned to it by the Council.

Procedure on Hearings
 
Generally Discipline hearings are open to the public, however, the Discipline Committee may order that the hearing be closed if they are satisfied that:

1. matters involving public security may be disclosed;
2. financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affect or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public.
3. a person involved in a civil or criminal proceeding may be prejudiced; or
4. the safety of a person may be jeopardized.

Powers of the Discipline Committee
 
If the Discipline Committee finds a member guilty of professional misconduct or to be incompetent, it will make an order to do one or more of the following:

1. Direct the Registrar to revoke any certificate of registration held by the member under this Act.
2. Direct the Registrar to suspend any certificate of registration held by the member under this Act for a specified period, not exceeding 24 months.
3. Direct the Registrar to impose specified terms, conditions or limitations on any certificate of registration held by the member under this Act.
4. Direct that the imposition of a penalty be postponed for a specified period and not be imposed if specified terms are met within that period.

In addition to the above orders, if the Discipline Committee finds a member guilty of professional misconduct, the Discipline Committee may also make an order:

1. Requiring that the member be reprimanded, admonished or counselled by the Committee or its delegate and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register for a specified or unlimited period.
2. Imposing a fine up to a maximum of $5,000 to be paid by the member to the Minister of Finance for payment into the Consolidated Revenue Fund.
3. Directing that the finding and the order of the Committee be published in the official publication of the College and in any other manner or medium considered appropriate.
4. Fixing costs to be paid by the member

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.

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.