What happens during a hearing?
Generally, there are two parts to a hearing: the finding or liability stage, and the penalty/order stage. There are lots of steps within each stage. If the panel decides at the end of the finding stage that the member has not engaged in professional misconduct, or is not incompetent or incapacitated, then there is no need for a penalty/order stage.
During both the finding stage and the penalty stage, the parties present evidence and make submissions to the panel about the conclusions they want the panel to make. Because the College has the burden of proving the allegations in the Notice of Hearing, they present their evidence and arguments first. The member presents their case after the College is finished. The College may then reply to the member’s case. The panel then hears advice from Independent Legal Counsel before they go to make their decision. If possible, the panel will try to tell the parties their decision during the hearing. In some cases, they will need more time to make their decision. The panel always provides the parties with written reasons after the hearing has ended and they have come to a decision.
Throughout the hearing, the member or the College may also bring motions asking the panel to decide different issues, which is explained in the About Motions section of the FAQs.
Below is a step-by-step outline of the process (without motions) for uncontested hearings (where the parties come to an agreement) and contested hearings (where there is no resolution between the parties).
UNCONTESTED HEARINGS
FINDING STAGE
- Opening Remarks
- The Chair of the panel introduces the parties and participants, orders the applicable publication ban(s), and sets out what is allowed and prohibited during the hearing.
- The Notice of Hearing will usually be made an exhibit at the beginning of the hearing.
- Presentation of Agreement and Plea inquiry
- College Counsel will advise the panel that the parties have come to an agreement and present a signed agreement document to the panel. This document can be an Agreed Statement of Facts and Guilty Plea (ASF) or Statement of Uncontested Facts and Plea of No Contest (SUF) in discipline hearings, or an Acknowledgement of Incapacity in fitness to practise hearings.
- The agreement document will be made an exhibit.
- If the member is present, the panel will conduct an oral plea inquiry. The panel will ask the member questions to confirm that they signed the agreement voluntarily and that they agree that the panel can make a finding of professional misconduct, incompetence or incapacity.
- Presentation of Evidence and Arguments
- College Counsel makes submissions about how the facts in the signed agreement support the allegations in the Notice of Hearing.
- The member or their representative will have the opportunity to make submissions.
- College Counsel is given an opportunity to reply to the member’s submissions.
- Advice from Independent Legal Counsel
- Independent Legal Counsel will provide the panel with independent legal advice.
- The parties are given an opportunity to comment on this advice (College first, then the member).
- Panel Deliberation and Decision
- The panel will go to their breakout room to discuss (deliberate) and make their decision. Everyone attending the hearing will placed in their individual breakout rooms until the panel is ready to give their decision. The panel may make their decision on the day of the hearing or they may need more time to make their decision.
- If the panel makes their decision on the day of the hearing, everyone will be brought back to the main hearing room and the panel will state their decision in front of everyone. The panel will issue a written decision after the hearing.
- If the panel needs more time, they will adjourn for the day and send the parties a written decision at a later date.
- If the panel does not find the member guilty of professional misconduct or incompetent or incapacitated, the hearing will end.
- If the panel accepts the agreement and finds the member guilty of professional misconduct, incompetent or incapacitated, the hearing will proceed to the penalty or outcome stage.
PENALTY STAGE (only after a finding of professional misconduct, incompetence or incapacity)
- Opening Remarks (Same as in the finding stage, and only if the penalty stage happens on a separate date from the finding stage)
- Presentation of Agreement
- College Counsel will advise the panel that the parties have agreed on a Joint Submission on Penalty or Joint Submission on Order.
- The agreement will be made an exhibit.
- Presentation of Evidence and Arguments
- College Counsel will make submissions about why the panel should accept the parties’ proposal.
- The member will have the opportunity to make submissions.
- College Counsel will have the opportunity to reply to the member’s submissions.
- Advice from Independent Legal Counsel
- Independent Legal Counsel will give their advice to the panel.
- The parties are given an opportunity to comment on this advice (College first, then the member).
- Panel Deliberation and Decision
- Everyone will be put into breakout rooms while the panel deliberates and will be brought back to the hearing room when the panel is ready to make their order. The panel may make their decision on the day of the hearing or they may need more time to make their decision.
- If the panel makes their decision on the day of the hearing, everyone will be brought back to the main hearing room and the panel will state their decision in front of everyone. The panel will issue a written decision after the hearing.
- If the panel needs more time, they will adjourn for the day and send the parties a written decision at a later date.
CONTESTED HEARINGS (Applies to both the finding stage and the penalty stage, if any. These stages usually occur on different days):
- Opening Remarks
- The Chair of the panel introduces the parties and participants, orders the applicable publication ban(s), and sets out what is allowed and prohibited during the hearing.
- The Notice of Hearing will usually be made an exhibit at the beginning of the hearing.
- Opening Submissions
- College Counsel begins by making their opening submissions, including outlining the basic facts they anticipate the panel will hear about during the case.
- Members can make opening submissions right after College Counsel, or may choose to make their opening submissions after the College finishes calling all their witnesses.
- Presentation of Evidence and Arguments
- College Counsel presents their evidence to the panel. If they have witnesses, College Counsel will call them one at a time. College Counsel will ask the witness questions about what they observed (examination-in-chief), and may also ask them about documents or files (exhibits) that the College wants the panel to consider. Once the College is finished, the member will have an opportunity to ask the witness questions (cross-examination). Then College may ask the witness additional questions in response to the member’s cross-examination questions (re-examination). The panel can also ask the witness questions before the witness is dismissed (typically, for clarification). This process is repeated for each witness that testifies.
- When the College has finished with all of their witnesses and evidence, it is the member’s turn to make their case.
- The member can make an opening submission if they haven’t done so already and then call witnesses and present their evidence. The member will ask their witness questions, College Counsel will cross-examine the witness, and the member can ask re-examine their witness. The panel can also ask questions to the member’s witnesses before the witness is dismissed.
- Members can also explain the facts of the case as they experienced them and present supporting documentation by testifying themselves. College Counsel can cross-examine the member, and the member will have the opportunity to present a “reply” testimony, in response. The panel can also ask the member questions about their testimony.
- Closing Submissions
- The College makes submissions first, linking the evidence from the witnesses to what conclusions they think the panel should make.
- The Member then does the same thing.
- College Counsel can also make submissions in reply to the member’s submissions.
- Advice from Independent Legal Counsel
- Independent Legal Counsel will provide the panel with legal advice that they can consider during their deliberations.
- The parties will be given an opportunity to comment on Independent Legal Counsel’s advice (College Counsel first, then the member).
- Panel Deliberation and Decision
- The panel will deliberate and make their decision. The panel can give a decision orally to the parties during the hearing. In most cases though, the panel will need time to discuss the evidence and make their decision. They will adjourn the hearing and will release a written decision at a later date.
- If the panel decides that the member has engaged in professional misconduct, is incompetent, or incapacitated, they will hold another hearing to decide the appropriate penalty or order in the circumstances, following the same procedure outlined above.
Other Resources
- Members might find the following resources useful when preparing for their hearing:
- Rules of Procedure of the Discipline Committee and Fitness to Practise Committee
- Ontario College of Teachers Act
- Practice Direction for Electronic Proceedings
- CanLII for similar cases [use search term ONOCT]
- National Self-Represented Litigants Project: The CanLII Primer | CanLII)
Submit a request.