After an investigation, the Inquiries, Complaints and Reports Committee (ICRC) may refer allegations of professional misconduct or incompetence against a kinesiologist to the Discipline Committee. The Discipline Committee will then conduct a hearing to consider the allegations and decide the case. In general, cases that involve a high-risk to the public, such as allegations of sexual abuse and fraudulent billing, are more likely to result in a referral to the Discipline Committee. Read below to learn more about the discipline process.
Professional Misconduct
The Discipline Committee may find that a kinesiologist has engaged in professional misconduct where it is proven during a hearing that the kinesiologist:
- committed any of the 52 acts listed in the Professional Misconduct Regulation.
- has been found to have committed an act of professional misconduct in another jurisdiction that is considered professional misconduct in Ontario.
- has been found guilty of an offence that is relevant to their suitability to practise.
- sexually abuses a patient/client.
- fails to cooperate with the Quality Assurance Committee.
Incompetence
The Discipline Committee may find that a kinesiologist is incompetent where it is proven during a hearing that their professional care of a patient/client displayed a lack of knowledge, skill or judgment that demonstrates they are unfit to practise or that their practice should be restricted.
The discipline hearing process
The parties involved in a discipline proceeding are the College and the kinesiologist. The College is represented by its lawyer (the prosecutor) and the kinesiologist is generally represented by their own lawyer (the defence).
A discipline hearing is a formal process, much like that in court, conducted by a panel of the Discipline Committee. A panel is composed of three to five members of the Discipline Committee, including at least two public members of the College Council. At the hearing, the panel will:
- consider the allegations, hear the evidence and determine the facts of the case;
- determine whether the evidence proves the allegations; and
- determine whether the kinesiologist has committed an act of professional misconduct or is incompetent.
Hearings are open to the public unless the panel believes the public should be excluded because of security or safety concerns, or a compelling privacy interest. View the discipline rules of procedure.
After the discipline hearing
If the panel makes a finding against the kinesiologist, it will impose an appropriate penalty. The panel can order one or more of the following:
- revoke the kinesiologist’s registration;
- suspend the kinesiologist’s registration for a specified period of time;
- place terms, conditions and/or limitations on the kinesiologist’s practice;
- require the kinesiologist to pay a fine up to $35,000, payable to the Minister of Finance;
- require the kinesiologist to appear before the panel to be reprimanded; and
- require the kinesiologist to pay the College’s legal, investigation and hearing costs, and other expenses.
At the end of the process, the panel will issue written decision and reasons.
Appeals
The kinesiologist, or the College, may appeal the panel’s decision to the Divisional Court of Ontario.
Reinstatement
A former kinesiologist whose registration is revoked or suspended by a panel of the Discipline Committee may apply for reinstatement one year after the revocation or suspension. A hearing will be conducted by a panel of the Discipline Committee to consider the application. If the reinstatement application is unsuccessful, the former kinesiologist may apply again in six months.
If the revocation is ordered for a finding of sexual abuse, the former kinesiologist must wait five years before making their first application for reinstatement.
Publication of decisions
The College is required to publish every discipline decision and reasons on its website, in its annual report and on the Public Register of Kinesiologists. Information is published in a manner that protects the identity of witnesses. View decisions from the Discipline Committee.