Jurisprudence E-Course Module 6: Sexual Abuse and Sexual Misconduct Potential Penalties for Unprofessional Conduct

Each complaint is unique, and a penalty is determined by the Hearing Tribunal. Some penalties are mandatory if the Hearing Tribunal makes a finding of sexual abuse or sexual misconduct. The Hearing Tribunal may also find other penalties contextually appropriate and impose them as warranted.

Potential Penalties
If a Hearing Tribunal finds a regulated member’s conduct, in whole or in part, was:

  • sexual abuse, the mandatory penalty is cancellation of a regulated member’s registration and practice permit, including a prohibition from re-applying to the College; or
  • sexual misconduct, the mandatory penalty is a suspension of a regulated member’s practice permit; the length of a suspension is determined by the Hearing Tribunal. If the Hearing Tribunal cancels a regulated member’s practice permit because of findings of sexual misconduct, the regulated member cannot reapply to the College for at least five years.

HPA, s. 82(1.1)
Other penalties for unprofessional misconduct include, but are not limited to:
  • cancellation of registration and practice permit;
  • suspension of the practice permit;
  • fines (i.e. money);

HPA, s. 82(1)

  • attending counselling or a treatment program;
  • additional training or supervised practice;
  • reprimand (formal statement of disapproval);
  • practice permit conditions; or
  • a caution.
Conditions on/Suspension of Practice Permit During Complaints Process
On the recommendation of the Complaints Director or the Hearing Tribunal, a person or committee designated by the council may, at any time after a complaint is made until a Hearing Tribunal makes an order:

a) imposing conditions on a regulated member’s practice permit generally or … order that the investigated person practice under supervision, or practice with one or more other regulated members,

or

b) suspending the practice permit of an investigated person, until the completion of proceedings.

HPA, s. 65(1)
Reporting/Publishing
Because ACSLPA’s role is to protect and serve the public interest and not to serve the needs of the regulated members (review Jurisprudence Module 1 if needed), the College must report certain information about imposed practice permit conditions and hearings on its website, in the Annual Report submitted to the Government of Alberta and available on ACSLPA’s website, to other Canadian regulatory bodies, and on the General Register.

HPA, s.60(6)

Under the HPA, access to information regarding hearings may also be requested by the public during regular business hours (e.g. hearing scheduling, written decisions and testimony given before a Hearing Tribunal) —access exceptions apply. Some information is published on the ACSLPA’s website.

The College may also share with other SLP/Audiology governing bodies if a regulated member or former member is under investigation or has had complaints.

HPA, s. 119(4-5)
Must Publish
  • conditions imposed/removed, if any, on the regulated member’s practice permit, on the General Register; (HPA, s. 119(1 & 3))
  • a copy of any decision made by a hearing tribunal, council or court of unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct;
  • whether a regulated member’s practice permit has been suspended or cancelled as a result of a decision of unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct; and
  • any conditions placed on an investigated person’s practice permit as a result of a decision of unprofessional conduct based in whole or in part on sexual misconduct. (HPA, s. 135.92)
Must Notify
  • conditions imposed, if any — ACSLPA must notify the regulated members employer, hospital staff (if applicable), and Minister or organization responsible for administering payment for fees, other college(s) and governing bodies (as applicable).

All hearing decisions, notices of hearings or appeals, and resolutions agreements (as agreed to by the investigated member) are published on ACSLPA’s website.

Upcoming Hearings or Appeals Hearing Tribunal Decisions Resolution Agreement Summaries
Publication of upcoming and/or scheduled hearings or appeals are required to include the date, time, and location of a hearing.

The publication will also include the name and registration number of the regulated member whose conduct is under review by the Hearing Tribunal.

The publication may also include:

  • the allegations, or a summary of the allegations, before the Hearing Tribunal; and
  • the issues, or a summary of the issues, to be determined on appeal by Council.
 Publication of Hearing Tribunal decisions generally include the name and registration number of the regulated member whose conduct was under review by the Hearing Tribunal.

The publication may also include:

  • a summary of witness or documentary evidence;
  • the reasons of the Hearing Tribunal, including on any legal issues;
  • whether or not the conduct was determined to be unprofessional conduct; and
  • what sanction was ordered by the Hearing Tribunal.
 Publication of executed resolution agreements generally are in summary format and are based on what was agreed to within the resolution agreement between a regulated member and ACSLPA. The publication may include the name of the regulated member.

The publication may also include:

  • a summary of the admitted conduct that may be unprofessional;
  • a summary of what remediation was agreed to within the resolution agreement; and
  • relevant details of the complaint, including facts collected during an investigation, made about the regulated member.

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