Discipline Cases
In a discipline case, a Panel of the Discipline Committee decides whether a Registered Early Childhood Educator (RECE) has committed professional misconduct, and, if the RECE is found to be guilty, decides the consequences. A Panel is a group of three people that includes RECEs and members of the public.
Professional misconduct
Professional misconduct includes:
- conduct listed in the Professional Misconduct Regulation
- conduct that doesn’t follow the Code of Ethics and Standards of Practice
- sexual abuse or misconduct
Possible outcomes of discipline cases
A Discipline Panel decides whether an RECE is guilty or not guilty of professional misconduct. The Panel will make a decision about each accusation separately, so a Panel can find an RECE guilty of some accusations and not guilty of other accusations.
If the RECE is guilty of professional misconduct, the same Panel decides what consequences are needed. The main goal is to protect children and the public. The Panel makes an order that says what the RECE is required to do (or not do). This is often called a “penalty order”.
These orders often include:
A suspension of the RECE’s certificate of registration. During the time of the suspension, the RECE cannot work as an early childhood educator.
A verbal reprimand, where the Discipline Committee shares their concerns with the RECE orally.
Courses that the RECE has to complete.
Mentorship that the RECE has to participate in.
In cases where the Panel decides children or the public will not be protected if the RECE continues to practise the profession, the Panel will order that the RECE’s certificate of registration is revoked (permanently cancelled).
The Panel can also order that the RECE pay for some of the costs of investigating and prosecuting the case. This can happen if the case is decided through a hearing.
Case Management is mandatory for all discipline cases
Case Management helps the RECE understand the process, their options, and the possible consequences. During Case Management, a neutral Facilitator helps the RECE and the Prosecutor (the lawyer representing the College of Early Childhood Educators) work together to see what they agree or disagree about and what type of proceeding will be used to finish the case.
This is the Case Management process:
1. First communication from Hearings Office:
The Hearings Office contacts the RECE to schedule their first meeting with the Facilitator.
RECEs who are involved in a case should make sure their email address and telephone number are correct in My College Account, because that’s how the Hearings Office will contact them. More information about how the Hearings Office communicates with RECEs can be found here.
2. System Navigation Meeting:
The Facilitator meets with the RECE and gives them information about what to expect in the Case Management process.
3. Case Conference for Understanding:
The Facilitator holds a meeting with the RECE and the Prosecutor. The purpose of this meeting is to help the RECE understand the accusations against them and their options.
4. Discussion:
The RECE and the Prosecutor communicate about the case, including whether or not they agree about what happened and the possible consequences.
5. Case Conference to Plan for Finalization:
The Facilitator holds a second meeting with the RECE and the Prosecutor to review the outcome of their discussions. The Facilitator checks that the RECE understands what will happen next.
Finalization of discipline cases
The way a discipline case is finished depends on what happened during Case Management.
Discipline Resolution Process:
In this fast-track process, the RECE and the Prosecutor agree on whether the RECE is guilty of professional misconduct and, if so, what the consequences should be. The Facilitator describes this agreement in a report. A Discipline Committee Panel reviews the report in a public meeting. The RECE and the Prosecutor do not participate in the meeting but they can observe if they want. You can find a guide about the Discipline Resolution Process here.
Hearing:
Hearings are formal, public legal processes that are similar to trials in court. This usually happens because the RECE and the Prosecutor do not agree on whether the RECE is guilty of professional misconduct or on the consequences.
At a hearing, the Prosecutor tries to show that the RECE is guilty of the accusations. They do this with evidence: witnesses who testify, documents, or other things like photos or videos. The RECE will have a chance to respond. The RECE can ask questions about the Prosecutor’s evidence or use different evidence to try to show that they are not guilty. The Panel makes a decision and explains it in writing. If the Panel decides the RECE is guilty of professional misconduct, the Prosecutor and the RECE both get to tell the Panel what they think the consequences should be. The Panel will decide the consequences and explain them in writing.
Support for RECEs
RECEs have the right to bring their own representative. This can be a lawyer, a paralegal, or another person.
During the Case Conference for Understanding and the Case Conference to Plan for Finalization, RECEs can get free legal advice from Duty Counsel, a lawyer who will be at those meetings to help the RECE. Duty Counsel can also provide advice during the discussion phase of Case Management. More information about Duty Counsel can be found here.
RECEs can also have a support person with them.
Transparency
Discipline Resolution Process meetings and discipline hearings are open to the public. Discipline decisions are published in Connexions and on this website, and they are noted on the College of Early Childhood Educators’ public register. This is required by law.
This helps show how children and the public are protected. It also shows other RECEs what professional misconduct is and what the consequences are.
Other professions across Ontario have the same transparency requirements and follow the same practices. These include teachers, nurses, registered massage therapists, engineers, lawyers, veterinarians and many others.