dispute resolution

The College uses Dispute Resolution (DR) to facilitate the resolution of suitable complaints regarding members of the profession. DR is voluntary and without prejudice to the parties. The results of the DR process are similar to those that would be expected following a full investigation and/or contested hearing.

The members in the cases reported here have consented to the publication of a summary of the complaint and its resolution.

Member: Not identified
Decision: Cautioned by the Investigation Committee

Following notification by an employer, the Registrar initiated a complaint against a member of the College. The Registrar alleged that, during an overnight field trip, the member permitted underage students to consume alcoholic beverages in his presence.

On March 22, 2006, the Investigation Committee ratified a memorandum of agreement (MOA) between the member and the College, in which the member:

• agreed to be cautioned in writing by the Investigation Committee regarding his conduct
• agreed to complete a course of instruction, pre-approved by the Registrar, regarding maintaining appropriate boundaries with students
• agreed to provide the Registrar with written confirmation of successful completion of the course
• agreed to notify the Registrar of any future complaints of a similar nature made to his employer.

Member: Not identified
Decision: Cautioned by the Investigation Committee

Following notification by an employer, the Registrar initiated a complaint against a member of the College. The Registrar alleged that the member had driven a female secondary student to a destination that was not school-related. During the drive the member allegedly made a number of personal and inappropriate comments to the student regarding other students and members of the student's family.

On May 26, 2006, the Investigation Committee ratified an MOA between the member and the College, in which the member agreed to:

• be cautioned in writing by the Investigation Committee regarding the complaint
• complete a course of instruction, pre-approved by the Registrar, regarding maintaining appropriate boundaries with students
• provide the Registrar with written confirmation of successful completion of the course.

Member: Not identified
Decision: Cautioned by the Investigation Committee

Following notification by an employer, the Registrar initiated a complaint against a member of the College. The Registrar alleged that, on two occasions, the member acted in an inappropriate and unprofessional manner toward a female secondary student in that he:

• hugged her
• told her she was “special” and that he did not see her as a student
• told her that whoever she ended up with would be the luckiest guy in the world
• told her that if he was in high school again he would follow her around like a lost puppy.

On May 26, 2006, the Investigation Committee ratified an MOA between the member and the College, in which the member agreed:

• to be cautioned in writing by the Investigation Committee regarding the complaint
• to complete a course of instruction, pre-approved by the Registrar, regarding maintaining appropriate boundaries with students
• to provide the Registrar with a report by the course practitioner determining whether the member recognizes the need for teachers to maintain appropriate boundaries with students
• to notify the Registrar of any future complaints of a similar nature made to his employer
• that the public register would contain a notation regarding this matter.

Member: Nikola Milanovich
Registration Number: 265683
Decision: Terms, Conditions and Limitations

Following notification by an employer, the Registrar initiated a complaint against Nikola Milanovich. The Registrar alleged that between July 2001 and January 2003 the member submitted 228 fraudulent physiotherapy invoices to the health insurance provider for the employer and received payment in the amount of $50,175.

The member pleaded guilty to a charge of unlawfully defrauding an insurer of money in excess of $5,000 and received a suspended sentence with one year probation. The member repaid the insurer the money defrauded.

The member's employer terminated his employment on January 28, 2004.

On June 23, 2006, the Investigation Committee considered an MOA between the member and the College. In deciding to ratify the agreement the committee took into account that the member had not held a position where a Certificate of Qualification or Certificate of Registration was required since the employer terminated his employment in January 2004.

In the MOA the member agreed:

• not to seek or engage in employment where a teaching certificate is required for a period of three months following ratification of the MOA
• that the public register will contain a notation regarding this matter
• that the College will publish his name with a summary of the complaint and its resolution in Professionally Speaking / Pour parler profession
• that the College will maintain a copy of the decision and the MOA in the Margaret Wilson Library, the information to be available to the public
• that the College will provide notice to those organizations routinely notified by the College of such outcomes of the member's undertaking not to engage in employment where a Certificate of Qualification or a Certificate of Registration is required for a period of three months.

When the Discipline Committee finds a member guilty of professional misconduct the member's name is routinely published in Professionally Speaking. If a similar matter is disposed of by the Investigation Committee or DR at the investigation stage, and the result is a caution, the name of the member is not published. The College monitors compliance with all agreements reached through DR.