Complaint Process
Watch the video tutorial NSCCT Complaints
1. When the College receives a complaint, the Executive Director/Registrar (EDR) determines if the College has the legal authority to address the complaint.
The person who made the complaint is known as the complainant in correspondence from the College. The therapist who is the subject of a complaint is known as the respondent.
2. If the complaint is within the legal authority of the College, the RESPONDENT WILL BE NOTIFIED of the complaint. The notification is made in writing. The respondent will be given a copy of the complaint and will have 30 days to submit a written response. During this period, the respondent may choose to appoint a legal representative.
3. The complaint, the respondent’s written response, and any evidence that they provide, will be submitted to the COMPLAINTS COMMITTEE.
The Chair of the Complaints Committee will review the complaint and appoint a panel of three committee members. The panel will include a chairperson, an active-practicing counselling therapist and a public representative.
The Complaints Committee may decide to dismiss the complaint if one or more of the following apply:
- The College does not have the legal authority to consider the complaint
- The complaint is found to be frivolous or an abuse of the complaints process
- The complaint is not a matter of professional misconduct, incapacity, incompetence or conduct unbecoming the profession.
4. The Complaints Committee may determine that an INVESTIGATION is necessary to gather additional information. An investigator may be appointed to:
- Request additional written information from the complainant, the respondent or witnesses
- Request an interview with the complainant, the respondent or witnesses
- Investigate other matters that arise during the investigation.
5. The Complaints Committee then REVIEWS the evidence and investigation report. They will determine an appropriate outcome, which may include any of the following:
5.1 Dismiss the complaint if the complaint is not verified by the evidence available to the Committee;
5.2 Informally resolve the complaint;
5.3 Consider a proposed Settlement Agreement, and:
- Recommend acceptance of an Agreement
- Recommend changes to an Agreement
- Reject an Agreement
5.4 Provide a Non-sanction remedy:
- Counsel the respondent
- Caution the respondent
5.5 Provide a Sanction remedy:
- Reprimand the respondent
- Suspend the license or their ability to obtain a license
- Impose conditions or restrictions on the respondent’s license
5.6 Forward the complaint to the Professional Conduct Committee if the complaint cannot be resolved by the Complaints Committee and a formal hearing is required.
A professional conduct hearing works much like a trial. There is sworn testimony and legal submissions by a prosecutor acting on behalf of the College. There may be a lawyer representing the respondent. If the complaint goes to the Professional Conduct Committee for a hearing, the College becomes known as the complainant. Charges are filed against the respondent. The person who initially made the complaint may be called to be a witness at the hearing. Any of the evidence provided to the Complaints Committee may be used by the College in presenting its case.
The College is not authorized to determine or provide a financial settlement. The College’s jurisdiction only covers remedies associated with the registration and licensing of counselling therapists. If a complainant seeks financial compensation from a counselling therapist, they should get legal advice. This can be done before, during or after the complaint has been reviewed by the College.
6. The complainant and respondent will receive a written NOTICE OF DECISION. This outlines the Committee’s findings and any action taken against the counselling therapist.
There is no standard time-frame within which a complaint is resolved. The time to conduct a fair and thorough investigation varies with the complexity of the case. A complaint that involves serious professional conduct issues may require a year or more to complete. Complaints are prioritized by the risk to the public posed by the behaviour alleged in the complaint. Complaints are not prioritized based on date of receipt. The College will keep the complainant and respondent informed throughout the process.