The Complaints Process
What Happens …
What Happens Once a Complaint is Submitted?
Once a complaint is submitted, it is reviewed by the Complaints Director.
The Complaints Director is an employee of the College who reviews, manages and addresses complaints. They are provided authority from the Health Professions Act to make certain decisions during the complaints process.
After reviewing the complaint, the Complaints Director will contact you to discuss the complaint and your concerns.
The Complaints Director will provide notice to you, as complainant, and the speech-language pathologist about the action taken.
There are many possible actions, and each depends on the facts, circumstances and complexity of the complaint.
The Complaints Director may:
- Encourage you and the regulated member to communicate with each other and resolve the complaint.
- Resolve the complaint with the consent of you and the regulated member.
- Refer the complaint to an investigation.
- Refer the complaint to an expert for a report.
- Dismiss the complaint.
- Make directions related to a regulated member’s fitness to practice.
Certain actions are not available for complaints relating to sexual abuse or sexual misconduct.
Once a complaint is submitted, it is reviewed by the Complaints Director.
The Complaints Director is an employee of the College who reviews, manages and addresses complaints. They are provided authority from the Health Professions Act to make certain decisions during the complaints process.
You will also receive a copy of the complaint made against you and the Complaints Director will contact you to discuss the complaint.
The Complaints Director will provide notice to the complainant, and you, of the action taken.
There are many possible actions, and each depends on the facts, circumstances and complexity of the complaint.
The Complaints Director may:
- Encourage you and the complainant to communicate with each other and resolve the complaint.
- Resolve the complaint with the consent of the you and the complainant.
- Refer the complaint to an investigation.
- Refer the complaint to an expert for a report.
- Dismiss the complaint.
- Make directions related to your fitness to practice.
Certain actions are not available for complaints relating to sexual abuse or sexual misconduct.
The information on this page should not be considered as legal advice and is intended to provide general information on the complaints process. ACSLPA encourages you to seek legal advice if you wish to do so.
If a Complaint is Resolved?
ACSLPA encourages accountability and may try to resolve a complaint during the complaints process.
Resolution may be done through a conversation, an agreement (known as a Resolution Agreement) or other methods allowed by the Health Professions Act. Resolution generally requires the consent of the complainant.
If A Complaint is Investigated?
The purpose of investigation is to collect information, documents and interview witnesses about an incident or concern.
A report that summarizes the investigation is provided to the Complaints Director. After reviewing the report, the Complaints Director decides the next action for the complaint, including the possibility of a hearing or a dismissal.
An investigation may be conducted by the Complaints Director or an appointed investigator. An investigator has certain statutory powers to request and collect documents or things or visit and inspect premises where services are provided.
If you have questions about being a in an investigation, please contact the Complaints Director for more information. The Complaints Director is unable to provide a witness legal advice. You may wish to seek support, representation, assistance or legal advice as a witness.
If A Complaint Proceeds to a Hearing?
The decision maker at a hearing is the Hearing Tribunal, made up of 50% speech-language pathologists or audiologists and 50% members of the public who are appointed by the government.
In some situations, such as complaints of sexual abuse or sexual misconduct, the concerns must be heard by the Hearing Tribunal.
There are generally two types of hearings:
| Consent Hearing | Contested Hearing |
|---|---|
| A consent hearing is when the regulated member admits to unprofessional conduct and sometimes proposes what they believe is an appropriate penalty with the Complaints Director.
A consent hearing is similar to a guilty plea. Often admissions of unprofessional conduct are agreed upon in advance by the Complaints Director and the regulated member and submitted together to the Hearing Tribunal for their consideration. In a consent hearing witnesses may not be required. Consent hearings are open to the public, subject to some exceptions. |
A contested hearing is when evidence is heard to determine whether unprofessional conduct occurred and if applicable, the appropriate penalty. There may also be legal or factual issues heard by the Hearing Tribunal.
A contested hearing is similar to a trial. Witness evidence, documentary evidence and physical evidence may be presented to the Hearing Tribunal for careful consideration and to assist them when making their decision of whether unprofessional conduct occurred. Contested hearings are open to the public, subject to some exceptions. . |
Any witnesses asked to testify in a hearing will receive a notice to attend from the Hearings Director. A notice to attend is a formal document requiring someone to appear for a hearing, similar to a subpoena. A notice to attend includes the date and time of the hearing and the name of the regulated member.
During the hearing, witnesses are asked questions by the Complaints Director, or their lawyer, and the regulated member, or their representative or lawyer. If you have been asked to be a witness in a hearing with ACSLPA or are a complainant, please contact the Hearings Director for further information.
A written decision is issued by the Hearing Tribunal but may take some time to be completed by the Hearing Tribunal. Once ready, copies of the written decision will be provided to the complainant and the regulated member. Please find our current decisions, as required by the Health Professions Act,here.
If a Complaint is Dismissed
A complaint may be dismissed, before or after an investigation. The Complaints Director may dismiss a complaint if they are satisfied that there was insufficient, or no, evidence of unprofessional conduct or other grounds allowed by the Health Professions Act.
If a Complaint is dismissed by the Complaints Director, the complainant may request a review of the dismissal before a Complaint Review Committee.
The role and task of the Complaint Review Committee is to review the dismissal and consider whether the decision was reasonable. After their review, the Complaint Review Committee may:
- uphold the dismissal;
- refer the complaint to an investigation; or
- refer the complaint to a hearing.
A request must be submitted within thirty (30) days of receiving notice of the dismissal. To submit a review of a dismissal, please submit a request in writing to the Hearings Director, following the instructions below.
- Submit your request for a review in writing.
- Sign your request.
- Include reasons for your request.
- Email, fax or mail the completed and signed form to ACSLPA at:
Attention: Hearings Director
Alberta College of Speech-Language Pathologists and Audiologists
#620, 4445 Calgary Trail NW, Edmonton, AB T6H 5R7
Fax: 780-408-3925
Please contact the Hearings Director to answer any questions about the process. If you wish to seek legal advice before submitting a request, and the reasons for your request, we encourage you to do so.
FAQ's About the Complaints Process Once a Complaint Has Been Submitted to ACSLPA:
The decision to have representation is yours. The College encourages you to seek legal representation (for example from a lawyer, union representative or other informed professional representative) if you wish to do so.
The College is unable to provide you legal advice on whether your professional liability insurance will provide any assistance or coverage to you as a regulated member and encourage you to contact your insurance company directly to receive information if a complaint has been made against you.
If you proceeded to a hearing and received an outcome of unprofessional conduct, there are routes of appeal available in the Health Professions Act in certain circumstances. The College encourages you to review the available routes of appeal in the Health Professions Act to start the process or seek legal advice if you wish to do so.
Some outcomes may have the possibility of being reviewed. For example, if a complaint is dismissed by the Complaints Director, the complainant can ask for it to be reviewed by the Complaints Review Committee. If you have concerns about the outcome of a complaint, specifically how a complaint was managed or dealt with by the College, you may contact the Alberta Ombudsman. Please review their website for further information on the process.
Yes, in some cases resolution may be offered to a regulated member after an investigation or before proceeding to a hearing. It is also possible that resolution may be offered before an investigation, depending on the circumstances of a complaint.