Professionals, such as doctors, teachers and massage therapists, are governed by regulations set by societies that govern its members. Sometimes allegations are made against a member who has allegedly violated a rule set out in the regulations. In such a case, the member may face disciplinary action.
The Standard System for Most Professions is a Two-Stage System:
1. When a complaint against a member is received, it is investigated by a committee (the “Committee”).
2. If the Committee concludes that misconduct or incompetence has occurred the complaint is forwarded to a separate committee, the Discipline Committee.
It is the Discipline Committee that presides over the formal discipline hearing. The Committee prosecutes the complaint and the member has an opportunity to be heard in defence.
A professional can be disciplined only for behaviour that is recognized as professional misconduct or professional incompetence. What constitutes misconduct or incompetence is complicated but it should be noted that, for example, negligence in performance of professional duties may not be severe enough to amount to incompetence. To determine whether behaviour amounts to misconduct or incompetence, recourse must be had to the code of ethics adopted by the association and to the general law governing professional misconduct.
Call Noah Neaman at 778-881-1785, criminal lawyer, for a consultation if you have been accused of violating disciplinary regulations of your profession. Mr. Neaman has dealt with many disciplinary matters and can bring his 25 years of experience to your issues.
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