Alberta Teaching Profession Commission – Disciplinary process

If the commissioner finds the complaint is without merit, frivolous or vexatious, no further action may be taken. The complainant may appeal this decision.

The commissioner may refer the complaint to a mediation process.

In mediation, the Professional Conduct and Competency General Panel works with both the complainant and the teacher to resolve the complaint in a confidential, non-prejudicial manner. The panel can also request the teacher’s principal, superintendent or administrator to participate.

During the process, the panel will review the complaint, identify concerns and help reach a resolution. The panel will provide a copy of the mediation report to the commissioner. The commissioner will then issue a decision, and all parties will receive a copy of the written decision.

If a resolution is not reached, the complaint is referred to investigation.

The commissioner may refer a complaint of unprofessional conduct to dispute resolution.

In a dispute resolution process, the Professional Conduct and Competency General Panel works with the teacher to resolve the complaint in a confidential, non-prejudicial manner. The complainant does not participate in the dispute resolution process, though the panel may speak to the complainant to review facts and concerns related to the complaint.

The panel will provide a copy of the dispute resolution report to the commissioner. The complainant will have an opportunity to submit comments at this stage. The commissioner will then issue a decision, and all parties will receive a copy of the written decision.

If a resolution is not reached, the complaint is referred to investigation.

If the commissioner determines the complaint warrants an investigation – or, if the matter is not resolved through a mediation or dispute resolution process – the commissioner will appoint an investigator to the file. An investigation will commence within 30 days of the decision.

The investigator may request that any person answer questions or produce relevant records or documents. The investigator may interview the complainant, the teacher and any others who may have relevant information. While there is no set time limit for an investigation, the process is expected to proceed as efficiently as possible, in a manner that ensures a fair process for all parties involved.

If the investigation shows the complaint was without merit, frivolous or vexatious, or there is insufficient evidence to warrant a hearing, the commissioner may choose to take no further action. The complainant may appeal this decision.

If the teacher has been convicted of a prescribed offence that proceeded by indictment, the complaint enters an expedited process in which the commissioner must refer the matter, with a recommendation, to the Minister of Education. The minister then determines whether to cancel the teacher’s certificate(s) immediately or refer the complaint to a hearing.

The commissioner may send the complaint of unprofessional conduct to the Professional Conduct and Competency General Panel for dispute resolution after an investigation has been completed. If a resolution is not reached, the complaint is referred to hearing.

In a consent resolution agreement, the teacher admits to unprofessional conduct or professional incompetence and, along with the commissioner and the registrar, agrees on a penalty.

Penalties may include, but are not limited to:

• reprimands
• personal or professional development conditions
• suspension or cancellation of the teacher’s certificate(s)

The Minister of Education makes all final decisions regarding the cancellation or suspension of teaching certificates.

The outcomes of all consent resolution agreements are posted on the Teacher and Teacher Leader Registry.

If a consent resolution agreement is not reached, the commissioner will refer the matter to a hearing.

If a complaint is referred to a hearing, members of the Professional Conduct and Competency General Panel will form a hearing committee to review the complaint and make a recommendation to the Minister of Education.

Hearings are usually open to the public; notices of public hearings are posted online.

The hearing committee may determine that unprofessional conduct or professional incompetence, or both, has occurred and recommend a penalty. They may also determine there was no wrongdoing and recommend the case be dismissed.

Based on the findings, the hearing committee will make a recommendation to the minister to make a final decision, of which all parties will receive a written copy.

Findings of incompetency or unprofessional conduct are made public and posted to the Teacher and Teacher Leader Registry.

The teacher or commissioner may appeal the committee’s decision.