What is a complaint?

A complaint is an expression of concern about the conduct or actions of a member relating to professional misconduct, incompetence or incapacity on the part of a member of the College.

Can a complaint be made concerning individuals who are not members of the College?

Generally, the College only has jurisdiction to investigate written complaints relating to the conduct of a member of the College. The Complaints Committee of the College may not, therefore, have jurisdiction to investigate a complaint concerning conduct that occurred before the person in question was a College member or after the person is no longer a College member. 

Exceptions:

• The College may be able to deal with a complaint about a current College member concerning conduct that occurred before he or she became a member, depending on the nature and seriousness of the act in question, and
• The College can deal with a complaint about a former College member concerning conduct that is referable to the time when he or she was a member.

What do the terms “professional misconduct,” “incompetency” and “incapacity” mean?

• The term “professional misconduct” is conduct that contravenes the Act, the regulations made under the Act, such as the Professional Misconduct Regulation, or the College’s by-laws; conduct that contravenes an order of the College’s Discipline Committee, Complaints Committee, Council or Registrar; or conduct that is defined as being professional misconduct in the regulations.
• The term “incompetency” refers to a member of the College who has displayed, in his or her professional responsibilities, a lack of knowledge, skill or judgment or disregard for the welfare of a child of a nature or extent that demonstrates that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate of registration held by the member should be made subject to terms, conditions or limitations.
• The term “incapacity” refers to a member who is suffering from a physical or mental condition or disorder such that the member is unfit to carry out his or her professional responsibilities, or the member’s certificate of registration should be made subject to terms, conditions or limitations.

When must a complaint be made?

There is no time limit in which to make a complaint. However, delay in making a complaint may affect the process.  For example, lengthy delay may cause relevant documents or witnesses to become unavailable and may impact on the investigation and resolution of the complaint.

How should a complaint be made?

Complaints must be made in writing and should be sent to the Office of the Registrar at the College's address.

What if a complaint concerns more than one member of the College?

A separate written complaint must be filed in connection with the conduct or actions of each member of the College.

To whom must the complaint be made?

Complaints should be addressed to the Office of the Registrar at the College's address. 

What must be included in a complaint?

• The name of the person making the complaint;
• The telephone number and address at which the person making the complaint can be contacted by the College;
• The name of the member of the College who is the subject of the complaint, or, if the member’s name is not known, sufficient particulars so that, by reasonable inquiry, the College can determine the name of the member; and,
• A statement regarding the conduct or actions of the member of the College with sufficient details to identify the concerns of the person making the complaint, including,
• A description of the conduct or actions of the member of the College giving rise to the complaint, with sufficient particulars to enable the event or events giving rise to the complaint to be identified; and
• The date(s), time(s), and place(s) of the event or events giving rise to the complaint, if known.

A complaint may contain other information which is relevant to the subject matter of the complaint or which may assist in the investigation of the complaint, including a list of the names, telephone numbers and addresses of any witnesses to the conduct or actions of the member of the College who is the subject of the complaint.

Can complaints be made anonymously?

No. In order for the member complained against to be able to fully respond to the complaint, the identity of the individual making the complaint is provided.

What happens after a complaint is received by the College?

Generally, once a written complaint is received,

1. The individual who made the complaint can expect to receive a letter from the College acknowledging receipt of the complaint and advising of the process that will follow.
2. The member complained against is notified in writing of the College’s receipt of a complaint and is provided with a copy of the complaint or a written summary of the complaint and at least 30 days to provide the College with a written response to the complaint.
3. The individual who made the complaint is then provided with a copy of the member’s response or a written summary of the member’s response and an opportunity to provide the College with any new information or clarification concerning the response submitted by the member complained against.
4. Further information may be needed.  If so, attempts will be made to obtain it.

Who makes decisions concerning complaints?

The Complaints Committee meets to discuss each complaint in detail and make a decision. The Committee reviews all the correspondence and information presented by the individual who made the complaint and the member complained against and any further relevant information obtained. 

Does the individual who filed the complaint or the member complained against meet with the Complaints Committee?

No. Neither the individual who filed the complaint nor the member complained against is entitled to meet with the Committee. The Committee normally reviews documentation only.

What if the College has information about a previous complaint, mandatory report, discipline or professional misconduct history, concerning the member complained against?

The Complaints Committee may review information from a previous complaint, mandatory report, discipline matter or professional misconduct history, if it is relevant.

What kinds of decisions can the Complaints Committee make?

The Complaints Committee may:

• Refer the matter to the Discipline Committee of the College for a hearing.
• Refer the matter to the Fitness to Practise Committee of the College for a hearing.
• Require the member complained against to appear before the Complaints Committee to be cautioned.
• Refer the matter for alternative dispute resolution if the Complaints Committee considers it appropriate to do so and the individual who filed the complaint and the member agree, but if an alternative dispute resolution fails to resolve the matter, it shall be referred back to the Committee.
• Take any action the Complaints Committee considers appropriate in the circumstances consistent with the Act, the regulations or the by-laws.
• Dismiss the complaint.

Can the Complaints Committee award money or damages?

No.

How is the Complaints Committee’s decision communicated?

The Complaints Committee must give its decision in writing and, except in the case of a decision to refer the matter to the Discipline Committee or the Fitness to Practise Committee of the College, must give written reasons for its decision. A copy of the written decision made by the Complaints Committee and its reasons for the decision, if any, is mailed to the individual who made the complaint and to the member complained against. If the member is employed by a school board at the time the decision is made, the College is also required to provide a copy of the written decision to the school board. [i]

Are Complaints Committee decisions available to the public on the public register?

No.

Is the complaints process confidential?

College procedures are designed to protect the confidentiality of information regarding a complaint. However, the College cannot guarantee that the information or documents you supply to it will always be kept confidential. Information or documents may be given to other individuals contacted during the course of investigation, for the purpose of obtaining their comment or response.  If allegations are referred to a discipline hearing, such information may be supplied to witnesses during the course of preparing for the hearing. In addition, information relating to a complaint may be considered by the Complaints Committee in relation to another complaint to which the information is relevant.

Will my home address and telephone number be provided to the other side?

The College will make its best efforts to prevent disclosure of the home address and telephone number of the member complained against and the individual making the complaint.  Errors can, however, occur.  As the College may provide a copy of your correspondence to the other side, please do not include your home address or home telephone number in your correspondence to be copied to the other side. 

How long will it take for the complaints process to be completed?

The Act requires the Complaints Committee to use its best efforts to dispose of a complaint within 120 days of the date on which the complaint was filed with the College. Although the College strives to dispose of complaints as quickly as possible, it is not always possible to do so within 120 days.

Can the decision of the Complaints Committee be appealed?

No.

Should I obtain legal advice to assist me in the complaints process?

You may choose to obtain legal counsel but it is not a requirement of the College.

After the complaints process is completed, what happens to the documentation collected by the College?

A member’s complaint history may be relevant to future complaints concerning that member. The College, therefore, retains the complete complaint file including all of the correspondence received from the individual who made the complaint and the member complained against. Only the College Registrar, College legal counsel and College staff members who support the Complaints Committee have access to these files. 

How can I get more information? 

For more information, contact:

Complaints and Discipline Department

College of Early Childhood Educators

438 University Avenue, Suite 1900

Toronto ON  M5G 2K8

Telephone: 416 961-8558

Toll free: 1 888 961-8558

[i] The requirement to provide a copy of the written decision to a school board applies when the Full Day Early Learning Statue Law Amendment Act, 2010 comes into force.