Professional Discipline
& Non-Academic Misconduct Investigations
The Allegation
Professionals in various fields, including health, education, engineering, and law, are responsible to their various commissions, colleges or societies to abide by standards of conduct that are set out by regulation. When allegations are brought forward that a member has violated a rule of conduct, the professional may face an investigation and enforcement action brought by the organization of which they are a member. In British Columbia, there is statutory authority for various organizations to be self-regulating, with respect to the rules and regulations of membership. Such organizations include:
- College of Physicians and Surgeons of British Columbia,
- College of Pharmacists of British Columbia,
- College of Psychologists of British Columbia;
- College of Registered Massage Therapists of British Columbia,
- Law Society of British Columbia;
- British Columbia Securities Commission,
- BC Teacher’s Council
Post-secondary institutions – universities, colleges and technical schools – also have the power to self-regulate the behavior of students and staff under academic and non-academic misconduct policies. For example, under the University of British Columbia’s Sexual Assault and Other Sexual Misconduct Policy, a complaint can be brought against a student or faculty member which can result in termination of employment or expulsion from academic studies.
The Investigation
Professional bodies and post-secondary institutions may investigate complaints alone, or in parallel with police investigators. The rules imposed by the professional body are civil in nature and are markedly different from the laws provided under the Criminal Code and the Charter of Rights and Freedoms. For example, in a criminal investigation, a suspect has the right to remain silent. This is not the case in a professional or student misconduct allegation. To the contrary, a subject of a misconduct complaint has the obligation to cooperate in the investigation at the risk of maintaining their professional credentials or right to continue their studies.
Because on one hand there is an obligation to cooperate and on the other there is the right to remain silent, a person facing a professional misconduct allegation must exercise caution so as to not give up the right against self-incrimination in the criminal law context.
