Referral to the Adjudicating Committee
A complaint file will be referred to the Adjudicating Committee when there is deemed to be conduct deserving of a Conduct Sanction or the member subject to the complaint has not consented to Practice Sanctions imposed by the Professional Practice Advocate.
Role of the Adjudicating Committee
The Adjudicating Committee is composed of volunteer members. It has the responsibility to hear the evidence regarding a complaint file and to render a decision on that complaint. The Adjudicating Committee will also hear appeals of decisions made by the Counsellor, Professional Practice.
When a requisition for Hearing is made, the Chair of the Adjudicating Committee will assemble a Hearing Panel consisting of three members from the Adjudicating Committee. Formal Hearings at which the member subject to the complaint can choose to appear in person, normally take place twice a year. Hearings by teleconference and by written submissions may also be options.
A Hearing Format detailing how a hearing takes place and what is expected from the member and the AIC representatives is available.
After hearing all the evidence presented by the Professional Practice Advocate and the member subject to the complaint, the Hearing Panel will carefully consider its decision. The Panel can make the following decisions:
- Dismiss the complaint
- Impose Practice and/or Conduct Sanctions
- Direct abeyance
- Direct publication
- Direct costs
With regard to an appeal of a decision made by the Counselor, Professional Practice, the Hearing Panel may:
- Affirm the decision
- Vary the decision
- Quash the decision
- Refer the complaint to the Investigating Committee for further investigation
How Do You Find Out About Decisions?
Members will be sent the Adjudicating Panel decision. A complainant, who has signed the Consent that accompanied the initial response to his /her complaint, will receive a notice of the final outcome of that complaint. If the complainant chose to remain anonymous, the AIC will not be able to send this notice.
Appealing an Adjudicating Decision
After a member receives the Adjudicating Decision, he/she will have thirty (30) days in which to appeal that decision. Appeals of Conduct Sanctions are considered. There is no appeal of Practice Sanctions. The member must send in an application for appeal of an Adjudicating Committee decision. The notice must include:
- i. Identification of the decision being appealed
- ii. Reasons for the appeal
- iii. The outcome requested
- iv. The service address of the member and any agents
- v. A $500 fee
- vi. The member’s signature
Last updated January 30, 2009