For the Members of the Massage Therapist Association of Saskatchewan, Inc.
8.1 Investigation and Discipline Committees
The Board shall appoint Investigation and Disciplinary Committees to deal with any breaches of the Codes of Ethics, the Standards of Practice or the Bylaws of the Corporation and to enforce same.
8.2 Resolution Procedure
(1) Informal Resolution
(2) Formal Resolution
8.3 Investigation Procedures
(1) The Investigation Committee Chairperson may authorize a minimum of two of the Committee Members to form a team to visit both the Complainant and the Member who is subject to the complaint. This team shall interview both parties, review all relevant records and inspect the Member's workplace.
(2) With the Complainant's consent, the Investigation Committee may examine any confidential information and/or medical records of the Complainant related to the alleged offence.
(3) The Investigation Committee, after investigating a complaint; considering the submissions of the Member and the Complainant; and considering or making reasonable efforts to consider all records and documents it considers as relevant to the complaint, shall determine whether:
(1) Where the Investigation Committee believes that a complaint can be resolved through mediation and the Member and Complainant agree to participate in such a process, the Executive Director or an approved facilitator may meet with the Complainant and Member and attempt to resolve the dispute to the satisfaction of both parties.
(2) The Executive Director or an approved facilitator may not engage in any subsequent proceedings or serve on the Disciplinary Committee or Appeal Committee if he/she participates in mediation for that file.
(3) All communications during the mediation are privileged and shall not be admitted as evidence at any subsequent proceedings.
(4) If the dispute between the Member and the Complainant is not resolved by mediation, the Investigation Committee may exercise any of the decision-making powers set out below.
8.5 Investigation Committee Authority
(1) Take no action with respect to the complaint. The Committee shall give the Complainant and the Member notice that it intends to take no action with respect to the complaint if:
(2) Refer a specified allegation of the Member's professional misconduct or incompetence to the Discipline Committee.
(3) Where there is danger to the public or to the reputation of the profession or the Corporation, which cannot await a Disciplinary hearing, refer the Member to the Executive Committee for immediate disciplinary measures.
(4) Recommend that the Board (or Executive Committee) make an interim order suspending or imposing terms, conditions or limitations on a Member's practice if:
8.6 Recommendation Process
(1) All Investigation Committee recommendations must be presented to the Board in a written report, at the first normally scheduled Director's meeting subsequent to the completion of the Investigation Committee Investigation.
(2) The Investigation Committee recommendation(s) must be documented in Board minutes, as must the Board's decision to accept or reject the recommendation(s).
(3) Upon the Board's acceptance or rejection of recommendation(s) from the Investigation Committee, the Investigation Committee shall provide the Member and the Complainant with a copy of the Board's decision.
(4) Failure of the Member to comply with the Board approved recommendation(s), as per Section 8.5 (3) and 8.5 (4) in which the Board or Executive Committee does not suspend the Member will result in suspension of the Member pending decisions of the Disciplinary Committee, or until his/her co-operation is obtained.
(5) Where the Board accepts the recommendation that the file be referred to the Disciplinary Committee, the Investigation Committee shall submit a statement informing of the charges or issues that will be dealt with, to both the Complainant and the Member.
(6) The Investigation Committee Chair shall:
8.7 Disciplinary Procedures
(1) The Disciplinary Committee shall give priority to the matter and process the file expeditiously.
(2) With the Complainant's consent, the Committee may examine any confidential information and/or medical records of the complainant related to the alleged offence.
(3) Upon a matter being appealed or referred to the Disciplinary Committee, the Committee shall consider the written submissions of the Member and Complainant and all records and documents it considers relevant to the complaint.
(4) The Disciplinary Committee shall determine whether the matter can be adjudicated solely based on the written materials or whether the matter should proceed to a disciplinary hearing.
(5) When the Disciplinary Committee believes that a file can be adjudicated solely based on the written materials, it may proceed to generate a written decision based upon the written records. The parties shall be:
8.8 Disciplinary Hearing Procedures
(1) When the Disciplinary Committee determines that a hearing is required, the Chairperson shall inform both the Complainant and the Member of the following by registered mail, no later than 28 days prior to the date of the hearing:
(2) On the day of the hearing, when necessary, the Disciplinary Committee, the Complainant or his/her legal representative and the Member or his/her legal representative, has full right to:
(3) When a Member fails to attend the hearing, the Discipline Committee may proceed in his or her absence.
(4) When the Complainant fails to attend the hearing and does not provide a just reason, the Discipline Committee may interpret this as a lack of commitment and may have cause to dismiss the complaint.
(5) If, during the course of a hearing, the evidence shows that the accused may be guilty of misconduct different from, or in addition to, any misconduct specified in the charge, the Discipline Committee shall adjourn the hearing for any period that the Committee considers sufficient. This is to give the Member an opportunity to prepare a defence to the amended charge(s), unless the Member consents to continue the hearing.
(6) The Discipline Committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence, and testimony may be given unsworn.
(7) The Discipline Committee may consider the written report of the Investigation Committee in whole or in part, or may call the Investigating Committee as witness to present the report.
(8) The Discipline Committee may conduct the hearing or any part of the hearing in private.
(9) The deliberations of the Discipline Committee shall be conducted in private. No person who is not a Member of the Committee shall be present.
(10) The Discipline Committee shall give the findings of the hearing and provide reasons for its decisions and for any sanction ordered. This hearing report shall be sent to the Board for execution.
(11) Copies of the hearing report shall be provided to both the Complainant and the Member.
(12) The Disciplinary Committee shall advise the Member of any rights to request an Appeal.
8.9 Disciplinary Committee Authority
(1) In making any order the Discipline Committee shall take into consideration:
(2) The Disciplinary Committee may make any one or more of the following orders:
(3) In cases where the Member has been found to have committed an act of professional misconduct or is found incompetent, he/she may be ordered to pay all or part of the Corporation's costs incurred in investigating the matter and conducting the hearing.
(4) Where there is evidence, which leads the Disciplinary Committee to the conclusion that there is danger to the public, or danger to the reputation of the profession or the Corporation, the Member shall be immediately suspended until the matter is resolved.
(5) Specify conditions under which the Member may continue to practice, including some or all of the following:
(6) The Disciplinary Committee may also order a second visit by Members of the Investigation Committee after a lapse of a specific period of time, to insure that the Disciplinary Committee's requirements have been implemented.
(7) Failure to comply with the requirements of the Disciplinary Committee will result in suspension of the Member until his/her compliance is obtained.
(8) A written report documenting any amended orders or recommendations must be sent to the Board.
8.10 Deference to Other Authorities
Where the Chairperson of the Investigation Committee or the Chairperson of the Discipline Committee believes that the Member whose conduct is being investigated may be guilty of a criminal offence, that person shall refer the matter to an appropriate authority.
8.11 Dispersal of Evidence
All original documents and items put into evidence at the hearing shall be returned by the Disciplinary Committee to the person who produced them, on request, within a reasonable time after the hearing has concluded.8.12 Appeal Process
(1) The Member and the Board have the right to Appeal decisions or any order of the Discipline Committee, by serving a written notice of Appeal to the Appeal Committee within 14 days of receipt of the decision or order where:
(2) The written notice shall state the grounds of Appeal.
An administration fee as determined by the Board, must accompany any formal request for an Appeal.
(3) The Appeal Committee shall review all aspects of the file.
(4) On hearing an appeal the Appeal Committee may:
8.13 Review by the Board
(1) A Member may Appeal the decision or any order of the Discipline Committee to the Board by serving the Registrar with a notice of Appeal within 30 days after the decision of order where;
(2) Where the Board is in receipt of a notice of Appeal, the Appeal process shall be conducted in accordance to the Bylaws.
An appellant shall set out the grounds of Appeal in the notice of Appeal mentioned in subsection 1.
On receipt of a notice of Appeal, the Registrar shall file with the Board a true copy of:
The appellant or the appellant's solicitor or agent may obtain from the Registrar a copy of the documents filed pursuant to subsection (3) on payment of the cost of producing them.
(3) On hearing the Appeal, the Board may:
(4) The Board may make any order as to costs that it considers appropriate.
(5) The Member of the Board appointed pursuant to section 7.1 who is a Member of the Investigation or Discipline Committees, or has received a report from these Committees or has a conflict of interest shall not participate in the hearing of an Appeal pursuant to this section.
(1) Subject to the Bylaws, on receipt of an appeal application, the Board shall:
(2) A person who has been expelled may apply to the Board for reinstatement. Such an application must state reasons for reinstatement and any information that justifies reasons for reinstatement.
(3) Subject to the Bylaws, on receipt of a reinstatement request, the Board shall review the application and, if in the opinion of the Board the application disclosed information, which may justify reinstatement, the Board may investigate the application by taking any steps it considers necessary.
(4) On completion of its review, the Board may:
(5) A person whose application for reinstatement is refused may make a second applicant for reinstatement, based on new information not presented in the first request, any time 30 days after the completion of the initial reinstatement review.
8.15 Conflict Of Interest or Bias
(1) In the event that any Member of an Investigation, Discipline or Appeal Committee has a conflict of interest or is biased, that person shall declare the conflict or bias and the Chairperson of that Committee shall appoint, upon Board approval, a replacement.
(2) In the event of a conflict of interest on the part of a Board Member, that Director shall not participate in any discussion or action of the Board related to this file.
(3) No Director shall participate in the hearing of an Appeal if:
The Corporation shall maintain a record of all decisions of the Investigation and Discipline Committees, and of all decisions of the Board and Appeal Committee.
The Discipline Committee and Board may consider the decisions of previous Discipline Committees and Boards, but are not bound by the precedent. Decisions of Discipline Committee and decisions of the Appeal Committee are matters of public interest and shall be publicly available.
If the Discipline Committee or Board decides that making the decision publicly available will unduly violate the privacy of any person, the Committee or Board may direct that the decision or part of the decision should be kept confidential.