Each complaint is unique, and a penalty is determined by the Hearing Tribunal based on the circumstances of a complaint. However, some penalties are mandatory if the Hearing Tribunal makes a finding of sexual abuse or sexual misconduct.
If a Hearing Tribunal finds a regulated member’s conduct, in whole or in part, constituted sexual abuse, the mandatory penalty is cancellation of a regulated member’s permit, including a prohibition from re-applying to the College.
If a Hearing Tribunal finds a regulated member’s conduct, in whole or in part, constituted sexual misconduct, the mandatory penalty is a suspension of a regulated member’s practice (the length is determined by the Hearing Tribunal). The Hearing Tribunal may also find other penalties appropriate, for example remediation or education. There are also restrictions in the Health Professions Act against re-application for regulated members with findings of sexual misconduct who were cancelled. Specifically, they cannot re-apply to the College for at least five years. This does not apply to findings of sexual abuse and regulated members who are permanently prohibited from re-applying for a practice permit.