Concerns and Complaints – College of Kinesiologists of Ontario

If you have a concern or complaint about the care you received from a kinesiologist, you have the right to submit a complaint to the College. The College takes all concerns and complaints seriously. When reviewing complaints and making decisions, the interests of patients/clients is the guiding principle.

Among the reasons for complaints are concerns that a kinesiologist has:

ignored the basic rules of practice;
sexually abused a patient/client;
not maintained the standards of practice;
provided inappropriate care/service;
a physical or mental condition or disorder that interferes with their ability to practice.

If you are not sure if you want to file a complaint, contact the College via email or at (416) 961-7000 ext. 109.

If you are an employer or facility operator, learn about your mandatory reporting obligations.

Step 1: Review the complaints process

Learn more about the complaints process below or contact us at (416) 961-7000 ext. 109 to discuss your questions.

You may discuss the complaints process before you make a formal complaint, and you do not have to share your name. When and if you decide to make a formal complaint, you will be required to identify yourself.

Step 2: Put together information about the complaint

You must submit your complaint in a recorded format. Recorded means your complaint can be written, or in an audio or video format. College staff cannot record your complaint over the phone. You can have another person assist you in submitting a complaint. If you require any accommodations when filing a complaint due to a disability, please contact the College.

To file a complaint, click the button to complete the Complaints Form:

Complete the Complaints Form

The College needs the following information from you:

your name and contact information (telephone number, mailing address). The College cannot address anonymous complaints.
the name of the kinesiologist (College staff can help if you do not have the exact name).
the patient/client’s name if it concerns someone other than yourself.
a description of the behaviour, action or inaction you are concerned about, and as much detail as possible about the time and location that they occurred.

Step 3: Submit your complaint

You can do this by:

Mail:

Registrar c/o Professional Conduct Department

College of Kinesiologists of Ontario

1881 Yonge St, Suite 200

Toronto, ON M4S 3C4

Email: complaints@coko.ca

Learn more about the complaints process

Anyone who has a concern about a kinesiologist can file a complaint. By law, the College must address all complaints it receives about kinesiologists. This includes complaints from patients/clients, their family members, friends, or caregivers; other professionals; employers and insurers. If you are an employer or facility operator, please also review your mandatory reporting obligations.

The College can’t address any of the following:

Matters that have been dealt with by another agency, such as the Workplace Safety and Insurance Board (WSIB).
Matters that involve a kinesiologist’s behaviour as a spouse, parent, neighbour or business partner, unless the behaviour would be considered unprofessional and be likely to impact on the kinesiologist’s professional practice.
Complaints regarding management of a facility, unless the kinesiologist is the owner and/or operator of the facility and has a professional duty to establish or maintain systems, such as ensuring confidentiality of health records.
Complaints or concerns that the College may deem to be frivolous and/or vexatious. These might include complaints that are considered retaliatory or an abuse of process.

You can contact the College anonymously with concerns or to report information. However, if you decide to make a complaint, you will be required to identify yourself.

This is a difficult decision, and you should think about what works best for you as a patient/client. Continuing to receive treatment from the same kinesiologist may be challenging.

The College only regulates the practice of individual kinesiologists and not the places where they work. Sometimes, a kinesiologist may be the owner of the place of practice. In this case, the investigation may be able to look into the practice.

There is no time limit to file a complaint, but as time goes on, it may be harder to remember what happened and give accurate details. You are encouraged to make your concerns known as soon as possible so the kinesiologist can respond more accurately and to ensure that any evidence is current.

College staff will contact you to confirm receipt of the complaint and provide you with more information. They may ask for more details to help clarify your concerns. A College investigator may also speak to others who have information that could be helpful and gather relevant information, such as copies of medical records. The College sends the kinesiologist a copy of the complaint so that they can respond in writing. College staff is always available to answer your questions throughout the process.

The information collected during the investigation is reviewed by a panel (i.e. a small sub-set) of the Inquiries, Complaints and Reports Committee (ICRC). The panel will include kinesiologists and members of the public. The panel directs the investigation, often with the assistance of College staff.

You can ask to have your complaint withdrawn at any time. However, if your concerns are very serious, the College may decide to continue with the investigation, even if you do not take part.

The College must decide on a complaint within 150 days. If 150 days has passed, the College will notify you and the kinesiologist, explaining the reasons for the delay and the expected time to decide on the complaint.

Once the Inquiries, Complaints and Reports Committee (ICRC) is satisfied that the investigation is complete, the panel can do any one of the following:

Refer the matter to the College’s Discipline Committee. Matters are referred to Discipline if the concerns are serious enough and there is strong evidence to suggest the kinesiologist may have committed professional misconduct, and/or may be incompetent.
Refer the matter to another panel of the ICRC if it appears the kinesiologist may be suffering from a health condition or disorder that is affecting their ability to practise.
Issue a caution to the kinesiologist. The kinesiologist appears before the panel and the panel expresses its concerns about the kinesiologist’s practice. The kinesiologist is given the opportunity to discuss changes they will make to avoid a similar incident.
Require the kinesiologist to complete programs that will improve their practice. These are known as specified continuing education or remediation programs (SCERPs).
Issue written advice with or without recommendations.
Enter into an agreement with the kinesiologist that outlines various things they must do.
Decide that no further action is required.

The panel is required to provide written reasons for its decision and to provide these to the complainant and the kinesiologist.

The Inquiries, Complaints and Reports Committee cannot:

Award complainants any monetary compensation or other compensation.
Require the kinesiologist to apologize to the complainant.
Require another administrative body or organization to change a decision about the subject matter of the complaint (e.g. an insurance company changing the provision of benefits).
Require an employer to discipline a kinesiologist.

Both the complainant and the kinesiologist have the right to appeal a decision from the Inquiries, Complaints and Reports Committee to the Health Professions Appeal and Review Board (HPARB) if they feel the investigation was inadequate or the decision was unreasonable. Information on how to file an appeal is provided to the parties.