1. Introduction
The B.C. Association of Clinical Counsellors is dedicated to protecting the public and to promoting the safe and ethical practice of clinical counselling. In carrying out this mandate, the discipline committee adjudicates complaints against members and conducts discipline hearings where directed by the registrar. To the extent that resources permit, adjudications take place in as timely a manner as possible.
Each adjudication is conducted in accordance with the BCACC bylaws, and in keeping with the rules of administrative fairness and natural justice. Concurrent membership on the inquiry committee or a fitness to practice panel is not permitted, and members of the discipline committee with prior knowledge or involvement in a matter set for hearing will be excluded from sitting on the discipline panel.
2.Discipline Panels
A discipline panel, once appointed, may hear any matter set down for hearing by citation, and may exercise all of the powers and duties assigned to the discipline committee. A discipline panel may:
- (a) direct the registrar to join one or more complaints or other matters which are to be the subject of a discipline hearing in one citation;
(b) sever one or more complaints or other matters which are to be the subject of a discipline hearing;
(c) amend the citation.
3. Disciplinary Hearings
The discipline committee hears and determines matters set for hearing by citation. Information regarding the date, time and subject matter of a hearing is provided to any person on request. Persons authorized by the discipline committee may appear as parties and with counsel at a hearing of the discipline committee, and include:
- (a) the Respondent;
(b) the investigator;
(c) any member of the inquiry committee;
(d) any other person authorized by the discipline committee.
Hearings of the discipline committee occur in public unless the complainant or Respondent request a hearing in private, and the discipline committee is satisfied that such would be appropriate under the circumstances. Testimony is taken on oath administered by a member of the discipline committee, and a full right to cross examine witnesses and call evidence in defence and reply exists.
A hearing may proceed in the absence of the Respondent, upon proof of receipt of the citation by the Respondent. In this case, the committee may take any action authorized without further notice to the Respondent. In the event that the discipline committee orders a person to attend the hearing to give evidence and/or produce records, notification shall take place by registered mail or personal service. All hearings shall be recorded and any person may obtain, at their own expense, a transcript of any part of the hearing they were entitled to attend.
Between the time a hearing is commenced and the time an order is made, the discipline committee may set limits on the practice of clinical counselling or suspend the registration of the Respondent where necessary, to protect the public. In determining the penalty to be imposed after making a determination on the facts, the discipline committee may consider previous relevant disciplinary decisions regarding the Respondent, or an undertaking or consent to reprimand given by the Respondent.
4. Communication and Disclosure
At least two weeks before a scheduled hearing, the Respondent shall be provided with a copy of every document BCACC intends to use in evidence, any statement made by any person BCACC intends to call as a witness, and a summary of any other relevant evidence BCACC has in its possession, regardless of whether or not the Association intends to use it at the hearing.
Any time after a citation is issued, and before the hearing begins, the Respondent may request in writing that BCACC disclose all documents it intends to use at the hearing.
5. Disciplinary Action
Upon completion of the hearing, the discipline committee may do one or more of the following:
- (a) dismiss the matter;
(b) reprimand the Respondent;
(c) impose limits or conditions on the practice of clinical counselling by the Respondent, including practicing under supervision for a defined period of time;
(d) suspend the registration of the Respondent for a defined period of time;
(e) cancel the registration of the Respondent;
(f) fine the Respondent in an amount not exceeding $25,000;
(g) assess costs, or part of the costs, of the investigation of the Respondent’s conduct and hearing of the citation.
An order of the discipline committee shall be in writing, and delivered to the Respondent and complainant. While under suspension, members may not:
- (a) represent themselves as members;
(b) display a certificate of registration as a member;
(c) use the designation Registered Clinical Counsellor, or the abbreviation, R.C.C.
6. Publication and Notification of a Decision
Where disciplinary proceedings result in limitation or suspension of a member’s practice, the Board may advise every member of:
- (a) the Respondent’s name;
(b) the facts of the case;
(c) the reasons for the decision;
(d) the nature of the limitations or suspension, and the date it is in effect; and
Where disciplinary proceedings result in limitation or suspension of a member’s practice, the registrar may notify:
- (a) the college or associations responsible for the regulation of the profession in every other Canadian jurisdiction;
(b) on request, any other college or association in a jurisdiction outside Canada; and,
(c) the institution where the member is employed;
(d) any other regulatory body that the member is a member of.
7. Appeal to the Board of Directors of BCACC
Any person aggrieved or adversely affected by an order of the discipline committee may appeal the order to the Board. The appeal shall be served on any other parties to the discipline committee proceeding in which the order being appealed was made, and if the matter relates to a complaint, on the complainant. Upon request for an appeal and payment of any disbursements and expenses in connection with the request, the registrar shall provide the party with copies of part or all, as requested, of the record of the proceeding before the disciplinary committee.
Following the initiation of an appeal, the transcript and proceedings shall be reviewed, unless the Board is satisfied that a new hearing or admission of new evidence is necessary in the interests of justice. In the event that no transcript of the proceedings in which the decision being appealed was made, a new hearing shall take place.
8. Retention of Records
Records of all discipline committee decisions will be kept by the registrar for a period of not less than seven years, and in some situations, upon the advice of legal counsel, longer.
Approved by the Board of Directors March 4, 2000
