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Complaints and Discipline

GENERAL INFORMATION COMPLAINTS / DISCIPLINE PROCESS – OACYC:

The purpose of the OACYC Complaints and Disciplinary procedure is to provide a mechanism for individual members, organizations and/or members of the public who receive services by a current member of the OACYC who may have breached their professional code of ethics, or has discredited the profession through misconduct, mistreatment, or misrepresentation.

The OACYC will provide a structure that will address such alleged complaints in a fair, effective and promptly process and will make a report on findings and recommended sanctions and corrective actions to the parties involved.

DEFINITIONS OF TERMS:


Professional Misconduct: Behaviour outside of the bounds of what is considered acceptable or worthy of membership of a governing body of a profession.

Incompetency: The quality or condition of being incompetent with lack of ability, and not possessing the necessary ability, skill, etc., to do or carry out the responsibilities associated with professional child and youth work.

Incapacity: The lack of ability, qualification, or strength to carry out his or her professional responsibilities.

Sexual Abuse: The engagement of sexual contact upon a person by forcible compulsion.

  • The engaging in sexual contact with a person who is below a specified age or who is incapable of giving consent because of age or mental or physical incapacity
  • The crime of engaging in or inflicting sexual abuse
  • Unwelcome sexual advances made by an employer or superior, especially when compliance is made a condition of continued employment or advancement
  • Employment discrimination consisting of unwelcome verbal or physical conduct directed at an employee because of his or her sex

Other: Any other complaint that is not outlined within the defined terms above. The OACYC will however determine if complaints under this category are valid.

There are 3 levels to the present complaint process, depending on the severity/complexity/etc. of the complaint:

Level One Complaints= The Vice President is able to deal with issue without further “other” involvement.

Level Two Complaints= The Vice President contacts the President for assistance/direction regarding concern; no further “other” involvement.

Level Three Complaints= The Vice President and President present complaint to Board of Directors for full investigation of complaint.

Complaint Procedure

All complaints begin with the following procedure:

  1. A complainant (public or member) contacts OACYC office to lodge complaint. The complainant is notified that the conversation will be documented, the complaint process is explained and the office will email/mail out the complaint form. The office will confirm that the person the complaint is about is a member of the OACYC. If the person is not a member, the office will make recommendation regarding other sources/avenues available if possible. 

  2. Once the complaint form is received the Vice President will review the complaint and may request more information. When possible/appropriate the complainant will be directed to other sources for resolution. 

  3. If written documentation and/or the complainant has given permission (all recorded date/time, content of contact), the Vice President will begin the investigation process by collecting other information/data necessary to resolve the issue. Where possible/appropriate the identification of the complainant will remain confidential. 

  4. The member being complained about („defendant”) MUST be notified within 7 – 10 business days. They are notified verbally and will be sent the complaint procedure. They may at this time reply in writing their “defense” knowing that there may be no further action.
  5. The Vice President will determine the seriousness of the complaint once sufficient information is collected and the President is notified.

After Hearing – Closed Session for Board

The Board will meet in private to discuss openly all the “evidence” given. All material and discussion relating to the “Defendant” member and complainant/s is strictly confidential to the Members of the Board.

If the Board can make decisions and/or conclude from evidence whether or not complaint is valid, motions will be made setting out findings and / or sanctions. Motions will require the unanimous consentof the Board Members. If further investigation, questions arise a plan of direction for Vice President will be designed with time lines included for re-submission to the Board.

The “Defendant” and complainant will be notified in writing within (45) of any further investigative need (and subsequent time lines) or the summary of Boards findings, decisions, reasons and any resultant Motions/Sanctions.

APPEALS PROCESS

In an effort to be fair and equitable, the OACYC is willing to consider appeals made by members about whom complaints have been made. A member may make a formal appeal of the decision or any sanctions imposed by the Vice President and the Board.

Click here to Download Complaint Form