Discipline

84(1) The Association members of the Professional Conduct Committee shall be appointed by resolution of the Provincial Executive Council.

(2) All members of the Professional Conduct Committee shall be appointed for a term of three years from the effective date of appointment and may be renewed by Provincial Executive Council for further terms not to exceed a total of nine years.

(3) If a member is unwilling or unable to complete a term on the Professional Conduct Committee, Provincial Executive Council may appoint a member to complete the unexpired term of the vacating member.

(4) Provincial Executive Council may appoint a chair and
vice-chair of the Professional Conduct Committee for such period and upon such terms as it considers advisable.

(5) The executive secretary may appoint a chair for any hearing committee which is established pursuant to the Teaching Profession Act.

85(1) The Association members of the Complainant Appeal Committee shall be appointed by resolution of the Provincial Executive Council.

(2) All members of the Complainant Appeal Committee shall be appointed for a two year term from the effective date of appointment and may be renewed by Provincial Executive Council for further terms not to exceed a total of six years.

(3) If a member is unwilling or unable to complete a term on the Complainant Appeal Committee, Provincial Executive Council may appoint a member to complete the unexpired term of the vacating member.

(4) Provincial Executive Council shall appoint a chair and
vice-chair of the Complainant Appeal Committee for a one year term, subject to renewal for further terms not to exceed a total of three years.

86(1) The Association members of the Professional Conduct Appeal Committee shall be appointed by resolution of the Provincial Executive Council.

(2) All members of the Professional Conduct Appeal Committee shall be appointed for a two year term from the effective date of appointment and may be renewed by Provincial Executive Council for further terms not to exceed a total of six years.

(3) If a member is unwilling or unable to complete a term on the Professional Conduct Appeal Committee, Provincial Executive Council may appoint a member to complete the unexpired term of the vacating member.

(4) Provincial Executive Council shall appoint a chair and
vice-chair of the Professional Conduct Appeal Committee for a one year term, subject to renewal for further terms not to exceed a total of three years.

87(1) Any meeting of the Professional Conduct Committee may be convened by the executive secretary or by the chair to be held in person, by means of telephone or other communication facilities that permit all persons participating at the meeting to hear each other.

(2) Any meeting of the Complainant Appeal Committee or the Professional Conduct Appeal Committee may be convened by the chair to be held in person, by means of telephone or other communication facilities that permit all persons participating at the meeting to hear each other.

(3) If the chair of a committee or a panel of a committee is of the opinion that it is desirable to take a vote on a resolution and that it is impracticable in the circumstances to hold a meeting of the committee or the panel for that purpose, the chair may direct that the vote be taken by polling of the committee or panel members by mail, telephone, telecopier or other mode of communication or by any combination of those modes.

(4) Unless otherwise specified the votes or decisions of any committee or panel shall be by majority of those participating in the vote or decision.

88(1) A majority of the committee members who shall be in attendance at any meeting of the Professional Conduct Committee, the Complainant Appeal Committee and the Professional Conduct Appeal Committee constitutes a quorum for such meeting.

(2) Quorum for a hearing committee shall be all of the members convened to hear and determine the matter.

89 Where service of a document on the Association is required or permitted under the Teaching Profession Act, then service may be effected by delivery to the head office of the Association (or upon acceptance of service by legal counsel for the Association).

90 The fees and expenses payable to members of the Professional Conduct Committee, the Complainant Appeal Committee and the Professional Conduct Appeal Committee (who are also members of the Association) for attending to the business of the Association shall be contained in a schedule as approved from time to time by Provincial Executive Council.

91(1) An order made by a hearing committee pursuant to section 42(1)(a) or (b) of the Teaching Profession Act shall be published in The ATA News or other publication of the Association subject to the requirements in section 44(2) of the Teaching Profession Act.

(2) In the case of an order published under (1), the executive secretary shall also notify the affected school board for the purposes of section 5(3) of the Teaching Profession Act.

(3) In the case of any other orders of a committee pursuant to the Teaching Profession Act, the Association may publish such summary or portions of any orders as the Provincial Executive Council considers to be in the interest of the teaching profession and the public.

92 The costs of an investigation, hearing or appeal shall be set in the discretion of the committee.  Upon request, a statement shall be provided to the committee with respect to:
(a) expenses incurred during the course of investigation;
(b) expenses incurred in serving any documents;
(c) fees and expenses paid or payable to any member of committee;
(d) fees and expenses paid or payable to any legal counsel retained by the Association or the committee;
(e) expenses incurred, if any, to record all or any part of the proceedings or other related expenses;
(f) reasonable costs for the indemnification of the Association’s employees involved in the investigation, hearing or appeal.

93(1) The Association may suspend the membership of any member in the Association or declare them ineligible for membership where the member fails to remit or cause to be paid on the member’s behalf any monies owing to the Association including fees, dues, fines, costs or other levies within the time prescribed for such payments.

(2) A person whose membership in the Association has been suspended or who has been declared ineligible for membership under (1), may apply to the Provincial Executive Council for reinstatement forthwith upon payment of all amounts owing.

(3) Such person shall be declared eligible for membership by order of the Provincial Executive Council upon payment of such fees, dues, fines, costs or other levies plus any carrying costs or other administrative costs associated with the application of reinstatement as determined from time to time by the Provincial Executive Council.

94(1) A person whose membership in the Association has been suspended or who has been declared ineligible for membership may apply to the Provincial Executive Council for reinstatement as a member of the Association where:
(a) the suspension or the declaration of ineligibility was imposed for a specific period or until certain conditions were met pursuant to sections 42(1)(b) or 54 of the Teaching Profession Act or section 26(2)(b) of the Practice Review Bylaws of the Alberta Teachers’ Association, or
(b) the suspension or the declaration of ineligibility was imposed for a contravention of an order under section 42(2) of the Teaching Profession Act or section 26(3) of the Practice Review Bylaws of the Alberta Teachers’ Association.

(2) An application under this bylaw shall be filed with the executive secretary and be accompanied by payment of a prescribed application fee.

(3) An application under this bylaw shall be accompanied by a statutory declaration of the applicant containing particulars respecting the following matters and exhibiting documents relevant to those matters:
(a) Compliance with any order issued under section 42 of the Teaching Profession Act or section 26 of the Practice Review Bylaws of the Alberta Teachers’ Association;
(b) The status of the applicant’s certification;
(c) Any other matter which to the knowledge of the applicant or in the opinion of the executive secretary may be the subject matter of objections to the applicant’s reinstatement or otherwise relevant to the application.

(4) On receiving an application for reinstatement and upon such investigation as the executive secretary considers proper, the executive secretary shall report the matter to the Provincial Executive Council.

(5) The Provincial Executive Council, on concluding its consideration of the application, may reject or approve the application with or without conditions.

(6) In the course of monitoring compliance by the applicant with any conditions, the executive secretary may at any time, upon notice to the applicant, seek further advice and direction from the Provincial Executive Council.

95(1) A person whose membership in the Association has been cancelled or who has been declared ineligible for membership for an indefinite period pursuant to sections 42(1)(a) or 54 of the Teaching Profession Act or section 26(2)(a) of the Practice Review Bylaws of the Alberta Teachers’ Association may apply to the Provincial Executive Council for reinstatement as a member of the Association.

(2) An application under this bylaw shall be filed with the executive secretary and be accompanied by payment of a prescribed application fee and a deposit as security for costs of proceedings relating to the application.

(3) An application under this bylaw shall be accompanied by a statutory declaration of the applicant containing particulars respecting the following matters and exhibiting documents relevant to those matters:
(a) the character and conduct of the applicant and particulars of the applicant’s employment and related activities since the suspension or cancellation of membership;
(b) written reports of medical practitioners, psychologists, counsellors or other health service practitioners who have treated the applicant and whose evidence may be relevant to the character and conduct of the applicant;
(c) a full record of any offences committed by the applicant which may be relevant to the issue of reinstatement;
(d) if the applicant was convicted of a criminal offence and has been granted parole since the cancellation of membership, the applicant’s parole record including the names of parole supervisors;
(e) the amounts that are to the knowledge of the applicant owing to the Association and the reason for non-payment;
(f) the status of the applicant’s certification;
(g) any other matter which to the knowledge of the applicant or in the opinion of the executive secretary may be the subject matter of objections to the applicant’s reinstatement or otherwise relevant to the application.

(4) An applicant for reinstatement shall pay to the Association the amount of all costs incurred by the Association and attributable to an investigation and proceedings in relation to an application for reinstatement, unless otherwise ordered by Provincial Executive Council.

(5) On receiving an application for reinstatement and upon such investigation as the executive secretary considers proper, the executive secretary shall report the matter to table officers who shall:
(a) appoint a Committee of Inquiry of at least three members of Provincial Executive Council, one of whom shall be named as chair, to conduct a hearing in respect of the application; and
(b) fix a date and place for the hearing.

(6) The procedure for the conduct of a hearing by a Committee of Inquiry shall be according to guidelines established by Provincial Executive Council from time to time.

(7) Following its hearing, the Committee of Inquiry shall submit a written report to the executive secretary stating whether in its opinion the application should be rejected or granted with or without conditions.

(8) The executive secretary shall furnish copies of the Report of the Committee of Inquiry to the applicant and to each member of Provincial Executive Council with such other documents as the executive secretary considers may be relevant to the ­application.

(9) The Provincial Executive Council, on concluding its consideration of the application, may reject or approve the application with or without conditions.

(10) In the course of monitoring compliance by the applicant with any conditions, the executive secretary may at any time, upon notice to the applicant, seek further advice and direction from Provincial Executive Council.

(11) Notwithstanding section (1) no former member’s application for reinstatement shall be considered within five years of having membership cancelled or being declared ineligible for membership for an indefinite period.

96(1) If the executive secretary refers the matter to a mediator in accordance with section 27(2)(a) of the Teaching Profession Act, the following provisions apply:
(a) The executive secretary appoints a person to mediate the dispute between the complainant and the member (the “parties”).
(b) The executive secretary notifies the parties of the appointment of the mediator and directs them to cooperate with the mediator with a view to resolving the complaint.
(c) The mediator within 10 days of his or her appointment notifies the parties of the date, time and location for the mediation meeting.
(d) The mediation meeting is held in private and is attended by the parties and, if they so desire, their respective spokesperson or advisor.
(e) Each party produces to the other and to the mediator all relevant documents, preferably in advance.
(f) The rules governing the conduct of the mediation are established by the mediator at the beginning of the meeting or by advance notice.
(g) If the complaint is successfully resolved, the mediator draws up a brief memorandum containing the terms of the settlement, signed by each of the parties and by the mediator, and forwards it to the executive secretary.
(h) Subject to section 27(2)(b) of the Teaching Profession Act, upon receipt of the memorandum, the executive secretary shall provide a signed copy to each of the parties who are bound to comply with the terms of settlement; the matter is thereupon concluded.
(i) If the complaint is not successfully resolved by mediation, the mediator so reports to the executive secretary, who proceeds to the next statutory step in the disciplinary process against the member.

(2) A mediation by which a matter is resolved informally and all statements disclosed during that process are without prejudice and confidential and may not be disclosed to any person other than the executive secretary or used in any other proceedings without the consent of the parties.

(3) The fees and expenses of a mediator are to be paid by the Association.