What does this mean ? We provide definitions for the legal terminology used in the discipline process
discipline summaries
an interim basis by the Inquiries , Complaints and Reports Committee ( ICRC ) of the College , pending the hearing . The terms , conditions or limitations imposed by the Divisional Court included that :
( a ) Dr . Dobrowolski was prohibited from performing any form of physical examination on any of his patients ;
( b ) Dr . Dobrowolski was required to post signage in his waiting room in a location where it was visible to patients , in an approved form , advising patients of this restriction ;
( c ) Dr . Dobrowolski was required to advise all female patients of the findings made against him by the Discipline Committee of the College , that as a result he was restricted from performing any form of physical examinations on any of his patients , and that if a physical examination was necessary , it would have to be performed by another physician ;
( d ) Dr . Dobrowolski was required to further advise all female patients that it was inappropriate and unacceptable for him to have any form of relationship with his patients outside of the physician-patient therapy relationship ; and ( e ) Dr . Dobrowolski was required to have all existing and future female patients sign an acknowl-
What does this mean ? We provide definitions for the legal terminology used in the discipline process
Admission The physician admits that the facts alleged amount to professional misconduct and / or incompetence .
Plea of No Contest The physician does not contest the facts . The College files a statement of facts as an exhibit at the hearing . The Discipline Committee can accept the facts as correct and make a finding of professional misconduct and / or incompetence . The physician does not admit to the facts or findings for the purpose of any other proceeding .
Agreed Statement of Facts A statement of facts that are negotiated and agreed to by the College and the physician . It is filed as an exhibit at the hearing .
Joint Submission on Penalty A penalty that is proposed to the Committee as an appropriate penalty by both the College and the physician . In law , the Discipline Committee must accept a joint submission on penalty unless it would be contrary to the public interest and bring the administration of justice into disrepute .
Contested Hearing The physician denies the allegations . The College must prove the allegations on a balance of probabilities ( the civil standard of proof ) by calling evidence such as witnesses . If one or more of the allegations is proved , a penalty hearing is scheduled . The College and the physician may agree and jointly propose a penalty to the Committee or they may disagree and a contested penalty hearing takes place .
Aggravating , Mitigating Circumstances Aggravating and mitigating circumstances may be considered by the Discipline Committee in determining an appropriate penalty . Mitigating and aggravating circumstances are considered by the Committee , so that the penalty imposed is proportionate to the gravity of the physician ’ s conduct , and the degree of responsibility of the physician . Mitigating circumstances tend to reduce penalties , whereas aggravating circumstances tend to increase penalties .
Aggravating circumstances could include : a high degree of vulnerability of the person ( s ) affected by the physician ’ s conduct ; a prior disciplinary history with the College ; a lack of insight by the physician into his or her own misconduct ; a lack of remorse about the effects of the misconduct on others .
Mitigating circumstances could include : a clean disciplinary record ; an admission to the facts underlying the allegations in advance of a hearing ; cooperating with the investigation ; a demonstration of remorse or regret about the effects of the misconduct on others ; taking remedial steps on the physician ’ s own initiative prior to a finding or an order by the College .
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Dialogue Issue 4 , 2016