One of the key responsibilities of the College is to address concerns about the professional conduct of registrants. This work happens through our complaints and discipline processes. There are several ways that an issue can be brought forward to the College: through a complaint or through a report. A small percentage of complaints and reports move into the discipline process.
Although most registrants never face discipline hearings during their careers, the process can feel very daunting if it does arise. We hope the below information will alleviate some concerns that registrants have about the discipline process.
How will I find out if a complaint or report filed against me has been referred to a discipline hearing?
If a complaint or report is referred to a discipline hearing, the registrant will be served a Notice of Hearing. The Notice of Hearing outlines the College’s allegations against the registrant.
A registrant is only referred to a discipline hearing after an investigation into allegations brought forward has been completed. Since registrants are informed if a complaint or report is filed against them and have the opportunity to respond to the allegations, they will know that it is possible that their case will be referred to a discipline hearing. The Notice of Hearing will not be the first time they hear of allegations made against them.
It’s important to remember that only a very small percentage of complaints and reports are ever referred to the Discipline Committee. Examples of cases that are referred to the Discipline Committee include sexual abuse, fraud and serious confidentiality breaches.
What is the Discipline Committee?
The Discipline Committee is the committee responsible for hearing and determining allegations of professional misconduct or incompetence. The committeeis composed of experienced social workers and social service workers as well as members of the public.
If I’m referred to a discipline hearing, will my registration be revoked?
Not necessarily. Revocation of registration is only one outcome of a discipline hearing and is reserved for the most serious cases, such as those involving sexual misconduct. Other outcomes include:
- A reprimand;
- Restrictions on the registrant’s registration, called “terms, conditions or limitations” (for example, requiring a registrant to be supervised for a period of time);
- Imposing a fine; or
- Suspending the certificate of registration for a period of time.
Can I still practise if I’ve been referred to a discipline hearing?
In many cases, yes. However, with especially serious allegations such as those of sexual abuse, the College may impose an interim suspension until the hearing has concluded.
Will the public be informed if I’ve been referred to a discipline hearing?
Yes. The Notice of Hearing will be publicly posted on the registrant’s Online Register profile.
Once the matter has concluded, the Discipline Committee’s decision will also be posted on the registrant’s Online Register profile and shared in the registrant newsletter Perspective. Decisions are also posted on the Canadian Legal Information Institute.
Are discipline hearings open to the public?
Generally, discipline hearings are open to the public. However, the Discipline Committee can order that the hearing be closed if the safety of someone may be jeopardized, matters of public or financial security may be disclosed or someone involved in a court proceeding may not be able to remain impartial if they watch the hearing.
If I’m referred to a discipline hearing, will the hearing date be scheduled immediately?
No. There are several steps that must take place before a hearing date is scheduled.
As a first step, legal counsel for the College will reach out to the registrant to see if they can come to an agreed statement of facts. If they can come to an agreement, then the hearing is referred to as uncontested. If they cannot come to an agreement, the hearing is referred to as contested.
There may also be pre-hearing conferences scheduled. Additionally, there will be time allotted for the registrant and the College to share any documents they plan on bringing forward as evidence with each other.
Should I hire a lawyer if I’ve been referred to a discipline hearing?
The College strongly recommends that registrants retain the services of a lawyer if they are referred to a discipline hearing, however, it is not required. For those who choose not to use the services of a lawyer, the College has created a guide for self-represented registrants to help them navigate the process.
How long does a discipline hearing last for?
Uncontested hearings, where a registrant and the College come to an agreed statement of facts, usually take place over the course of one day.
Contested hearings, where there is no agreement between the College and registrant reached, can take a number of days to finish.
What should I do if I have additional questions?
As a first step, check out the discipline information on our website. If your question isn’t addressed on the webpage, contact the Professional Conduct Department at investigations@ocswssw.org.
Additional Info on Complaints
The complaints process comes before the discipline process. Check out the below resources for more information.