Decision Summary Glossary

The College has been handling complaints and hearings since 1997. As a result, a specialized vocabulary for disciplinary hearings is used to report on such matters in Professionally Speaking's Governing Ourselves.

For past and future reference, here's an explanation of many of the terms you will find in our reports.

Before a Hearing

Registrar's Complaint. A formal complaint against a member may be made by a member of the public, a member of the College, the Minister of Education or by the Registrar of the College. Complaints made by the Registrar usually arise from employer notifications.

Certificate Surrendered. Before the Investigation Committee has referred a matter to a hearing, the member may agree to give up their teaching certificate. The Investigation Committee does not have the authority to revoke a licence and the member agrees to surrender it.

Dispute Resolution. The College uses dispute resolution to facilitate the resolution of complaints without a full investigation or full hearing. All parties must agree to participate in dispute resolution, the result must be in the public interest, and the outcome must be similar to what a hearing would have produced.

Without Prejudice. Typically it means that information shared during the dispute resolution process will not later form part of the investigation or hearing record used against the member if dispute resolution does not successfully resolve the complaint.

Once Referred to a Disciplinary Hearing

Professional Misconduct. When a complaint results in a referral to a hearing by the Investigation Committee, a Notice of Hearing is prepared which contains charges of professional misconduct against the member. Behaviour that constitutes professional misconduct is listed in "Regulation 437/97" of the Ontario College of Teachers Act, 1996.

Notice of Hearing. A legal document issued by the College and served on the member which provides notice of the charges that will be heard by a committee of the College. The Notice of Hearing also contains particulars relating to the charges and the date and location of the hearing.

Withdrawing the Notice of Hearing. If it does not appear that the College would be successful in proving that the member had committed professional misconduct, the Notice of Hearing will be withdrawn. This might occur when a vital witness is unable to give evidence. A withdrawn Notice of Hearing may be re-issued at some point in the future.

During a Disciplinary Hearing

Panel. Members of the College Discipline Committee who hear a case against a member. By legislation, at least one must be an appointed member of Council and at least one must be an elected member of Council. The committee also maintains a roster of experienced panel members who may be called on to act in this capacity, although they are no longer members of Council.

Guilty Plea. The member admits all or some of the allegations or charges against them and that those allegations or charges amount to professional misconduct.

Plea of No Contest. The member does not admit the allegations or charges but agrees to take no steps to defend themself and agrees that the Discipline Committee can accept that the facts stated are correct and constitute professional misconduct. A finding of guilt invariably follows a plea of no contest.

Memorandum of Agreement (MOA). The end result of a matter resolved by Dispute Resolution. An MOA between the parties resolves the issues raised by the complaint. Such agreements must protect the public interest and only become final and binding upon ratification by a committee of the College.

Agreed Statement of Facts. An agreement between the member and the College that acknowledges facts related to issues raised in the Notice of Hearing. Such facts do not have to be proven by the prosecution.

Joint Submission on Penalty. An agreement between the member and the College regarding the consequences of a finding of professional misconduct by the hearing panel. Joint Submissions on Penalty are subject to the approval of the Discipline Committee.

Penalties If a Finding of Guilt

Revoked. The Registrar is directed to revoke the member's certificate and the individual is no longer a member of the College. The member's record, including qualifications, credentials and any disciplinary action taken against them, remains on the College's public register.

Suspended. The Registrar is directed to suspend the member's certificate for a specified period and the member may not teach during that time. The member's record, including qualifications, credentials and any disciplinary action taken against them, remains on the College's public register.

Reprimand. A member may be reprimanded orally or in writing by the Investigation or Discipline Committee of the College. A reprimand can be made in writing or given orally to the member by the committee.

Caution. Similarly, a caution can be given orally or in writing and is considered less severe than a reprimand and is generally more advisory in nature.

Admonishment. Similar to a reprimand.

Compliance. A process monitoring a member's adherence to the terms, conditions or limitations imposed on them or their certificate in a Memorandum of Agreement.

Public Register. A register maintained by the Registrar of the College that contains information about each member of the College, including:

the member's name
the member's registration number
the member's class of Certificate of Qualification and Registration
the basic and additional qualifications of the member as entered on the member's Certificate of Qualification and Registration
the program of teacher education completed by the member
a notation of any revocation, cancellation and/or suspension of a certificate
any terms, conditions and/or limitations imposed on the member's Certificate of Qualification and Registration
the date on which the member's Certificate of Qualification and Registration was issued and, if applicable, the termination or expiration date.

Certificate Made Subject to Terms, Conditions and/or Limitations. After a finding of professional misconduct, incompetence or incapacity, the Discipline or Fitness to Practise Committee can impose terms, conditions or limitations on a member's certificate.

Resignation/cancellation of Membership. A member of the College may resign his/her membership which will automatically result in a cancellation of that membership. A resignation and cancellation will not, however, automatically stop or stay any investigation or other disciplinary proceeding. The College maintains jurisdiction over former members in matters of professional misconduct.

Other Orders of the Panel

Publication. The hearing panel may make an order to publish a summary of its findings in Professionally Speaking, the magazine of the Ontario College of Teachers.

Publication ban. The panel may stipulate that the names of victims of abuse or exploitation are not to be published in College publications.

There are also certain exceptional circumstances, defined in law, in which the panel may allow the member's name to be withheld from any account published by the College. An example of such a circumstance would be when to identify the member might also identify the victim.