How Does the Discipline Process Work?

The discipline process that the ATA follows in dealing with members accused of unprofessional conduct, including conduct leading to a conviction for an indictable offence, is set out in sections 16 to 60 of the Teaching Profession Act and in ATA General Bylaws 78 to 89.

The process for members charged with unprofessional conduct not involving an indictable offence differs somewhat from the process followed when an indictable offence is involved. Both processes are outlined below.

A flow chart summarizing the ATA's discipline is also available.

Unprofessional Conduct Not Involving an Indictable Offence

The process is initiated by filling out a form entitled "Request for Investigation of Alleged Unprofessional Conduct" and mailing or faxing it to the executive secretary. Any member who believes another member is guilty of unprofessional conduct must lodge a written complaint with the executive secretary. Any person may also lodge a written complaint against a member.
A complaint about a former member must be lodged within five years of the day on which the former member ceased to be a member.
The ATA investigates the complaint. In extreme cases and where the situation warrants, the executive secretary may temporarily suspend the teacher's ATA membership pending the outcome of the investigation. The member being investigated has the right to appeal the suspension to the Court of Queen's Bench.
Based on the outcome of the investigation, the executive secretary takes one of three possible actions:
1. Concludes that no hearing or further action is warranted either because sufficient evidence is lacking or because the charge is frivolous or vexatious.
2. Concludes that the matter, though not requiring a hearing, is of sufficient concern to warrant an informal meeting with the accused to review the situation and to identify the concerns of the profession and the public. Known as an Invitation, this informal dispute-resolution process is outlined in the ATA's Discipline Bylaw. If the Invitation is successful, no hearing is ordered. If it is unsuccessful, the executive secretary orders a hearing.
3. Concludes that sufficient evidence exists to warrant a hearing and orders that a hearing committee be constituted to hear the matter.
The executive secretary advises the member and the complainant of the decision.
The complainant may appeal to the Complainant Appeal Committee the executive secretary's decision in 4(a) or 4(b) that no further action be taken. The fee for initiating such an appeal is $250.
The Complainant Appeal Committee may uphold the decision of the executive secretary not to order a hearing (in which case the matter is closed) or refer the case to a hearing committee.
If the case is referred to a hearing committee, the hearing is open to the public unless the complainant or hearing committee requests privacy.
The hearing committee determines the member's guilt or innocence. If the committee determines that the member is guilty of unprofessional conduct, it may issue a reprimand, cancel or suspend the member's ATA membership, recommend that the minister of learning cancel or suspend the member's teaching certificate and/or impose additional penalties, including a fine of up to $10,000. The committee must justify any decision not to recommend cancellation or suspension of the member's teaching certificate.
The executive secretary advises the member, the complainant, Provincial Executive Council and the registrar of the hearing committee's decision. The executive secretary also advises the minister of learning if the committee has recommended cancellation or suspension of the member's teaching certificate.
The member or Provincial Executive Council may appeal the decision to the Professional Conduct Appeal Committee.
The hearing is open to the public unless the Professional Conduct Appeal Committee requests privacy.
The Professional Conduct Appeal Committee may quash, vary or confirm the hearing committee's decision; make its own decision; or refer the case back to the hearing committee.
The executive secretary advises the member, Provincial Executive Council and the registrar of the Professional Conduct Appeal Committee's decision. The minister of learning is also advised of the decision if the committee has recommended cancellation or suspension of the member's teaching certificate.
The member may apply for a judicial review of the decision.

Indictable offences

The process is initiated by filling out a form entitled "Request for Investigation of Alleged Unprofessional Conduct" and mailing or faxing it to the executive secretary. Any superintendent who believes a member has been convicted of an indictable offence must lodge a written complaint with the executive secretary and inform the registrar. Any member who believes another member has been convicted of an indictable offence must lodge a written complaint with the executive secretary. Any member who has been convicted of an indictable offence must immediately inform the ATA of the conviction.
A complaint about a former member must be lodged within five years of the day on which the former member ceased to be a member.
The ATA investigates and confirms the offence. In extreme cases and where the situation warrants, the executive secretary may temporarily suspend the teacher's ATA membership pending the outcome of the investigation. The member being investigated has the right to appeal the suspension to the Court of Queen's Bench.
The executive secretary refers the case to a hearing committee.
The executive secretary advises the member and complainant of the referral.
The hearing is open to the public, unless the complainant or hearing committee requests privacy.
The hearing committee may not subpoena witnesses who testified at the member's criminal trial.
The hearing committee considers penalty but not guilt (which is automatic in cases involving indictable offences). The committee may issue a reprimand, cancel or suspend the member's ATA membership, recommend that the minister of learning cancel or suspend the member's teaching certificate and/or impose additional penalties, including a fine of up to $10,000. The committee must justify a decision not to recommend cancellation or suspension of the member's teaching certificate.
The executive secretary advises the member, the complainant, Provincial Executive Council, the registrar and the minister of learning of the hearing committee's decision.
The member or Provincial Executive Council may appeal the decision to the Professional Conduct Appeal Committee.
The appeal hearing is open to the public, unless the Professional Conduct Appeal Committee requests privacy.
The Professional Conduct Appeal Committee may quash, vary or confirm the hearing committee's decision; render its own decision; or refer the case back to the hearing committee.
The executive secretary advises the member, Provincial Executive Council, the registrar and the minister of learning of the Professional Conduct Appeal Committee's decision.
The member may apply for a judicial review of the decision.