College of Applied Biology

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College of Applied Biology

• Discipline Process

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Outline

• Purpose
• Act
• Process
• Application
• Questions Answers

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Purpose

• The purpose of the College is to uphold and
  protect the public interest by
• Preserving and protecting the scientific methods
  and principles that are a foundation of the
  applied biological sciences
• Upholding the principles of stewardship of
  aquatic and terrestrial ecosystems and biological
  resources, and
• Ensuring the integrity, objectivity and expertise
  of its members.

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PurposeHow is this interpreted?

• The public interest purpose of the College Act
  can be interpreted in numerous ways.
• The predominant manner is through holding members
  accountable for practicing within the of Rules
  including the Code of Ethics which governs an
  RPBios
• Relations with the Public
• Relations with Employers and Clients
• Relations within the profession

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The Act

• College of Applied Biology Act s. 20
• The Council may make rules establishing the
  following
• Standards of professional and ethical conduct
• Standards of competence for members
• Joint standards of conduct or competence in a
  professional or occupational body
• A program to assist membersdealing with
  professional or ethical issues
• A continuing educational program

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How is this Authority transferred?

• College of Applied Biology Act s.22
• The council may establish a discipline committee
  to
• Advise the council
• Carry out the functions
• The council may authorize the discipline
  committee to exercise a power, authority, or
  jurisdiction of the council

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Code of Ethics

• A Professional Biologist recognizes that
  professional ethics are founded upon integrity,
  competence, and a responsibility to provide sound
  management and conservation of biological
  resources.
• A Professional Biologist must not engage in
  dishonorable or questionable conduct that
  reflects adversely on the integrity of the
  biological profession.

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How is the discipline process initiated?

• Two Options
• A member of the public can file a complaint with
  the college against an individual who was a
  member in good standing at the time of the
  alleged offense containing
• Their name / address / phone
• Members name
• The section of the Act, Rules, or Code
  contravened
• Documentation to substantiate the allegation
• The College can initiate a proceeding in its own
  name or by way of a practice review (note rules
  for practice review not yet in place).

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Process - once it is initiated

• The Registrar receives the information, ensures
  completeness, and forwards to the Discipline
  Committee (DC) for review.
• The DC is made up of a Chair and a combination of
  members and other professionals (Bob Gerath PGeo,
  Iain Taylor RPBio, Rick Page RPBio, Josie Thombs
  LLB,).
• The DC reviews the information and will
• Reject the complaint
• Seek further information
• Authorize an investigation
• Where the matter is to proceed, issue a citation
  and strike a Discipline Panel

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Process when is a complaint rejected?

• A complaint may be rejected for a variety of
  reasons, some of which may include
• The individual was not a member at the time of
  the alleged contravention.
• The allegation does not fall within the Act,
  Rules, or Code of Ethics.
• There is insufficient information in which to
  proceed and the complainant does not provide
  further documentation.
• The complaint is of a trivial, frivolous or
  vexatious nature.

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Process when is a complaint sent back for more
information?

• More information may be required if the Committee
  has questions on the allegation, the information
  is contradictory, or incomplete.

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Why would an investigation be initiated?

• To make a determination as to whether there is
  reason to believe that the member may have been
  guilty of one or more of the following
• Professional misconduct
• Conduct unbecoming of a practicing member
• Incompetent performance of duties undertaken
  while engaged in applied biology.

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Process once an Investigation is initiated

• The subject member (the one named in the
  complaint) is contacted, given a copy of the
  complaint and accompanying information, and asked
  to respond.
• The subject member may
• Dispute the allegation
• Admit to some, or all, of the allegation. The
  subject member may or may not include the
  submission of a Conditional Admission (an
  admission of full or partial guilt).

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Investigation

• During the investigation the member must
• Cooperate with the investigation
• Answer questions
• Produce files, records, or other evidence in the
  members possession or control, and
• Provide an explanation on request.

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Investigation

• The DC may issue a citation
• For the member to appear before the Discipline
  Committee to discuss the conduct or competence
• Order a discipline hearing to inquire into the
  conduct or competence of the member.

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Investigation

• If the respondent does not cooperate, the College
  may
• Apply to the Supreme Court for an order that
  files, records, or other evidence, wherever
  located, belonging to or relating to a member of
  the College, be seized if there is reasonable
  grounds that the member may have committed, or
  will commit
• Professional misconduct
• Conduct unbecoming a professional
• A breach of the Act or Rules
• Normal requirements of the Court apply.

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Discipline Hearings

• Hearings are quasi-judicial proceedings conducted
  before a panel appointed by the Discipline
  Committee.
• The panel is a different body than the Discipline
  Committee, and is made up of peers who are
  knowledgeable in that field of practice (e.g.
  fisheries biologists on fisheries issues,
  wildlife biologists on wildlife issues, etc.)

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The Panel

• The panel must
• Make a determination on the allegation
• Give written reasons for the determination
• Record in writing an order for costs
• After the hearing the panel must either
• Dismiss the complaint or,
• Determine that the subject member has conducted
  one or more of the following
• Professional misconduct
• Conduct unbecoming a professional
• Incompetent performance of duties.

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The Panel

• If an adverse determination is made, the panel
  must do one or more of the following
• Reprimand the subject member
• Impose a penalty (not exceeding 10k for
  registered members, 2K for enrolled) and award
  costs
• Impose conditions on the subject members
  registration
• Suspend the subject members membership
• For a period of time
• Till the subject member complies with a
  requirement
• A combination of the above
• Rescind the subject members membership
• Require the subject member to complete a remedial
  program and/or appear before the board of
  examiners
• The subject members name and the penalty imposed
  is published in a publicly available manner.

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Professional Misconduct

• Professional misconduct is where the subject
  member performed their duties without regard to
• Preserving and protecting the scientific methods
  and principles that are a foundation of the
  applied biological sciences
• Upholding the principles of stewardship of
  aquatic and terrestrial ecosystems and biological
  resources
• Includes a breach of the Rules

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Conduct unbecoming a practicing member

• Conduct unbecoming a practicing member are
  activities undertaken that sullies the overall
  reputation of RPBios.
• May or may not be related to the practice of
  professional biology
• Examples may include aspects resulting in
  criminal convictions

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Incompetence

• Incompetence includes
• practicing in fields of biology which one is not
  trained for, or
• in a manner which the quality or condition of the
  work is either incomplete or inadequate.

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Types of Discipline Actions

• Reprimand
• Requirement to undertake training
• Requirement to pay costs of the proceedings of
  court and of the College for the investigation,
  including staff time
• Suspension for a period of time
• Removal from the register

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Implications

• A negative decision made against a member may
  result in
• Loss of reputation
• Loss of employment
• Financial penalties and costs
• However, less than 1 of the members garner this
  type of attention, gt99 of the members continue
  to strive for excellence in the practice of
  applied biology.

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Conditional Admission

• Stipulation to some or all of the acts alleged in
  the complaint
• Consists of admission of wrongdoing,
  acknowledgement of who or what was impacted and
  how
• Apology to the injured parties (where
  appropriate)
• May be provided by subject member at any time in
  the process, prior to a panel setting down a
  penalty

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Conditional admission (cont)

• Must be accepted by the body with jurisdiction
  over the complaint
• Subject member has the opportunity to consider
  the penalty suggested by the deciding body where
  penalty is accepted, decision is recorded where
  penalty is rejected, matter proceeds in
  accordance with the regular process

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Protection of the Public Interest

• The College of Applied Biology Act is in place to
  protect the public interest by establishing a
  College that has the authority to
• Establish admission standards
• Develop and publish a Code of Ethics
• Require mandated Continuing Professional
  Development
• Hold members to account by way of a formal
  discipline process

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Conclusion

• The discipline process is well defined within the
  Act, and the Rules
• The process is intended to provide the members
  with adequate protection against false
  accusation, whilst protecting the public interest
  through established and rigorous standards.