Tribunals' Glossary

The College’s investigation of complaints and hearings are conducted under the Ontario College of Teachers Act. Our hearings are also subject to the Statutory Powers Procedure Act. Each phase of the process has a specialized vocabulary as outlined below.

1. Acknowledgement of Incapacity: An acknowledgement by the member that the Fitness to Practise Committee can make a finding that the member is incapacitated.
2. Adjournment: To adjourn a hearing means to reschedule it to continue at some later time. If a party needs an adjournment, they must first ask the other party if they would agree to this. If the other party does not agree, a formal motion to adjourn the hearing can be made. More details are provided at Rule 14.
3. Agreed Statement of Facts: A legal document signed by both the College and the member, setting out relevant facts of the matter that are agreed to. Any facts that are not agreed to will not form part of the Agreed Statement of Facts and must be proven at the hearing.
4. Allegation: A claim made by the College setting out what the College believes the member has done wrong. Generally, an allegation in a discipline hearing will suggest that the member has committed an act of professional misconduct and will set out the specifics of that. Allegations are set out in a Notice of Hearing, which is sent to the member before their hearing, so that the member knows exactly what behaviour will be addressed at their hearing, and can prepare to defend themselves against those specific concerns.
5. CanLII (Canadian Legal Information Institute): An online database of legal decisions from all Canadian courts and many federal and provincial administrative tribunals, including decisions by the Discipline Committee of the Ontario College of Teachers.
6. Case Management Conference: A meeting between the member and College Counsel and the panel that may be held before the hearing, to discuss procedural issues and plan the hearing. Tribunals’ staff and a court reporter also attend this meeting.
7. Chair: A member of a three-person panel appointed to hear each case. The Chair will run the hearing and later participate in deciding the case with the other panel members.
8. Contested Hearing: This is a hearing that occurs when the member and the College have not come to an agreement. The member and the College will therefore present evidence (often through live witness testimony) about the allegations in dispute, and make arguments to the panel about the decision the panel should make. The panel will consider the evidence and submissions to decide whether the member is guilty of professional misconduct, is incompetent or is incapacitated, and what the appropriate penalty or order is in the circumstances.
9. Costs: The Discipline Committee may order the member to pay to the College some of the costs of the proceeding, often where a member’s uncooperative or unreasonable behaviour in a hearing causes the hearing to take much longer than it should. Tariff A of the Rules of Procedure sets out the amount of costs that may be ordered per hearing day, but the panel can order a different amount depending on the party’s submissions and evidence as to what is appropriate in the circumstance.
10. Court Reporter: An independent, third-party person who attends and records the hearing. The court reporter provides the official transcript or written record of everything that is said during the hearing, on the request of a party and at the party’s expense.
11. Cross-examination: The part of the hearing when a party questions the other party’s witness. A cross-examination happens after the examination-in-chief (when the witness is asked questions by the party who asked them to come to the hearing). Where the member testifies in their own hearing, they can be cross-examined by the lawyer prosecuting the case for the College.
12. Decision and Order: A written decision outlining the decision and order made by the Discipline Committee or Fitness to Practise Committee. The order usually includes one or more of the following outcomes: revocation or suspension of certificate of qualification and registration; reprimand (written or oral); terms, conditions or limitations on a certificate (e.g., that a member must complete remedial coursework); costs; reimbursement of funding for therapy and counselling, and/or a fine.
13. Decision and Reasons: A written decision issued by the Discipline Committee or the Fitness to Practise Committee setting out the panel’s findings and reasons for their decision. The decision will explain why a panel did or did not find that a member’s behaviour amounted to professional misconduct, incompetence or incapacity.
14. Discipline Committee: A committee of the Ontario College of Teachers that hears and decides cases related to alleged professional misconduct and/or incompetence of members. The Discipline Committee is independent from the College, is not involved in any investigations about a member, and includes members of the public and members of the teaching profession.
15. Disclosure: The parties must share relevant information with each other before a hearing to help each other prepare for the hearing. The College has very broad disclosure obligations (e.g., notice of allegations, dates, times, names of those involved, investigation notes, witness statements, documents, audio or video recordings, images, or other information that may assist the defence). The member has more limited disclosure obligations (i.e., to disclose information they intend to rely on at the hearing). Not all material disclosed before the hearing will become evidence in the hearing. The parties will decide what material they want to present to the panel during the hearing, but they should not surprise each other with new material during the hearing because this results in less efficient hearings.
16. eScribe: An online document-sharing platform which is used during hearings and can be accessed by the panel and the parties. It contains all documents relevant to the hearing, including the Notice of Hearing, Agreed Statement of Facts, Statement of Uncontested Facts, exhibits, and/or any other documents that the parties intend to rely on during the hearing. A Tribunals Clerk will upload the documents to eScribe that the parties have provided to the Tribunals’ Office.
17. Evidence: Information presented at a hearing to prove or disprove the allegations. Evidence can include documents, photographs, witness testimony, expert opinion, physical items, or electronic evidence such as text messages or recordings. To be admissible (allowed) in a hearing, evidence must be relevant to the allegations.
18. Examination-in-chief: The part of a hearing when a party asks questions to their own witness. After the examination-in-chief, the other party has the chance to ask this witness questions (cross-examination). Where a member is representing themselves (i.e., does not have a lawyer) they may also testify on their own behalf (i.e., give their own evidence under oath) and cross-examine the College’s witnesses.
19. Exhibit: A document, audio or visual file or physical object that has been introduced during a hearing that the panel can consider when making their decision. Parties must introduce each item they want to make an exhibit by showing it to a witness. After the witness identifies what the item is, the panel can accept it and mark it as an exhibit.
20. Finding: A decision by a panel of the Discipline Committee or the Fitness to Practise Committee about: the allegations against the member; whether a member is guilty of professional misconduct or is incompetent or incapacitated; or, any motions brought by the parties.
21. Fine: A penalty that can be ordered by the panel where the Discipline Committee finds a member guilty of professional misconduct. The fine ordered can be up to $5,000 and is paid to the Minister of Finance.
22. Fitness to Practise Committee: A committee of the Ontario College of Teachers that decides if a member has a physical or mental condition or disorder that makes them unable to carry out their professional responsibilities. The Fitness to Practise Committee is independent of the College, is not involved in any investigations about a member, and includes members of the public and members of the teaching profession.
23. Funding for Therapy and Counselling: Where a member has been found guilty of professional misconduct in cases involving sexual abuse or child pornography, they may be ordered to reimburse the College for funding that was provided to victims (or their families) as part of the College’s therapy and counselling program.
24. Guilty Plea: An admission by the member that all or some of the allegations against them are true and that those allegations amount to professional misconduct or incompetence.
25. Hearing: A formal legal proceeding in which the Discipline Committee or Fitness to Practise Committee listens to evidence and submissions from the parties and determines if a member is guilty of professional misconduct or if they are incompetent or incapacitated, and if so, what the appropriate penalty or order should be.
26. Joint Submission on Penalty: An agreement between a member and the College on what penalty should be ordered by a panel after finding that the member engaged in professional misconduct or is incompetent. Panels typically accept joint submissions, with rare exceptions.
27. Joint Submission on Order: An agreement between a member and the College on what order the panel should make after finding that the member is incapacitated (often called a Joint Submission on Terms, Conditions or Limitations). Panels typically accept joint submissions, with rare exceptions.
28. In camera: Proceedings that are held in private and not accessible to the public.
29. Incapacity: A finding by the Fitness to Practise Committee that a member is suffering from a physical or mental condition or disorder such that the member is unfit to continue to carry out their professional responsibilities or that the member’s certificate should be subject to terms, conditions or limitations. The definition can be found at subsection 31(2) of the Ontario College of Teachers Act.
30. Incompetence: A finding by the Discipline Committee that a member has shown a lack of knowledge, skill or judgment or disregard for the welfare of a student such that restrictions may need to be imposed on that member’s practice. The legal definition can be found at subsection 30(3) of the Ontario College of Teachers Act.
31. Independent Legal Counsel: A lawyer appointed to provide legal advice and guidance to a panel of the Discipline Committee or Fitness to Practise Committee during a hearing. Independent Legal Counsel cannot provide legal advice to the College, members, or to witnesses in a proceeding. They are neutral and have no interest in the outcome of the hearing.
32. Interim Order: A temporary order that lasts until a certain pre-specified event happens. For example, a panel can make an interim order suspending a member’s certificate until it makes a decision on penalty.
33. Investigation Committee: A committee that reviews information gathered during College investigations and decides whether to refer a matter to a formal hearing before the Discipline Committee or Fitness to Practise Committee, or to dispose of the matter at an earlier stage (without a hearing) by issuing a caution, reminder, advice, or admonishment to the member, or by requiring the member to complete remedial training or education.
34. Motion: A request from the parties for the panel to make a decision about an issue that affects the hearing and needs to be resolved before a hearing can continue.
35. Notice of Hearing: The document that tells a member the allegations against them, as well as the factual and legal basis for those allegations. The hearing will only address the allegations in the Notice of Hearing.
36. Notice of Referral: The document that tells a member that the Discipline Committee will decide their case in writing and without holding a hearing, where there is an allegation of sexual abuse or child pornography against a member who has been previously found guilty of a sexual offence in criminal court for the same behaviour that is before the Discipline Committee.
37. Objection: A formal protest by a party when they think that the other party is not following the rules of evidence or rules of the tribunal.
38. Ontario College of Teachers Act: The legislation that governs the Ontario College of Teachers, its members, and hearings. The Act was passed by the Government of Ontario and also includes regulations like Ontario Regulation 437/97, which outlines various acts of professional misconduct.
39. Panel: A group of individuals who hear and decide cases before the Discipline Committee and Fitness to Practise Committee. Panels are usually made up of three people, one of whom must be a member of the Ontario College of Teachers. Panels are independent. None of the panel members are employees of the College; none of them are involved in the investigation or the decision to refer a case to the Discipline or Fitness to Practise Committee; and none of them will sit on a panel where they have a conflict of interest or would not be able to decide the case impartially.
40. Parties: The parties to a hearing are the member who the allegations are about and the College. The College is represented by a lawyer. The member may or may not have legal representation.
41. Plea Inquiry: A series of questions posed by the Chair of the panel to the member, who must answer before they plead guilty or no contest to the allegations against them. The Chair conducts an oral plea inquiry during the hearing even if a written plea has been signed as part of an agreement, to confirm that the member understands the plea and is pleading voluntarily.
42. Plea of No Contest: A plea by the member that they do not admit or deny the allegations against them, but they agree that the Discipline Committee can accept that certain facts are correct and amount to professional misconduct and/or incompetence.
43. Practice Direction: A document that provides guidance and directions from the Discipline and Fitness to Practise Committees about matters not covered in the Rules of Procedure, to explain or clarify the Rules. For example, the Practice Direction for Electronic Proceedings explains how to file hearings documents electronically, and what etiquette to observe during an electronic hearing.
44. Pre-Hearing Conference: An off the record discussion held before a hearing and facilitated by an experienced member of the Discipline Committee or Fitness to Practise Committee or Roster (the Presiding Officer), that is meant to help the parties narrow the issues that are in dispute and possibly reach an agreement on some or all parts of the hearing. To ensure that the parties speak freely during the pre-hearing conference, the Presiding Officer will not be part of the panel that eventually hears the case, unless the parties agree otherwise.
45. Professional Misconduct: Conduct that violates the standards or obligations of the teaching profession. The Ontario College of Teachers Act and Ontario Regulation 437/97 set out what might be considered professional misconduct. For example, the definitions of professional misconduct set out at sections 1 and 30(2) of the Ontario College of Teachers Act include sexual acts against a student. Ontario Regulation 437/97 sets out various types of professional misconduct including: various forms of student abuse; failing to maintain professional standards; and engaging in disgraceful, dishonourable or unprofessional conduct.
46. Publication Ban: An order by a panel preventing the public disclosure of information that could identify vulnerable persons (e.g., minors or alleged victims of sexual abuse). Section 32.1 of the Ontario College of Teachers Act sets out the different types of publication bans that can be ordered.
47. Public Register: A database that publicly displays basic information about members that is required by section 23 of the Ontario College of Teachers Act and the Ontario College of Teachers by-laws. The public register will include information about:
    • membership status;
    • education and qualifications;
    • any revocation, cancellation and/or suspension of a certificate;
    • terms, conditions and/or limitations on a certificate; and
    • any Notice of Hearing or Discipline Committee decisions.
48. Re-examination: The part of the hearing where a party can ask their witness questions to clarify something that the witness said in cross-examination.
49. Reinstatement: A decision by the Discipline Committee or Fitness to Practise Committee to reissue a member’s certificate that has previously been revoked. Members must apply to the Discipline Committee or Fitness to Practise Committee to be reinstated. Section 33 of the Ontario College of Teachers Act has rules and timelines about when members can make reinstatement applications.
50. Reprimand: An order that the Discipline Committee can make after finding a member guilty of professional misconduct. The member will be required to appear before a panel to hear their concerns. In some cases, a member may receive the panel’s concerns in writing.
51. Revocation: An order that a Discipline Committee or Fitness to Practise Committee can make after finding that a member engaged in professional misconduct, or that they are incompetent or incapacitated. When this order is made, a member’s teaching certificate is revoked by the College, which means that the individual is no longer allowed to hold a position that requires membership in the teaching profession or to use the “Ontario Certified Teacher” (OCT) title.
52. Rules of Procedure: A document that outlines the general rules governing how Discipline Committee and Fitness to Practise Committee proceedings are run. The Rules cover topics such as motions, documents (serving and filing), and procedures for hearings.
53. Set Date Hearing: A proceeding to set a matter down for a hearing. A party can ask the Tribunals’ Office for a set date hearing if the parties cannot agree on a hearing date or if a party is unresponsive and not engaging in the process.
54. Statement of Uncontested Facts: A legal document signed by a member and the College, in which the member does not contest that they engaged in certain behaviour alleged by the College.
55. Statutory Powers Procedure Act: The law that sets out most of the basic procedural rules for Ontario tribunals. The Discipline Committee and Fitness to Practise Committee will look at the Statutory Powers Procedures Act when the Ontario College of Teachers Act or the Rules of Procedure do not mention a procedural issue.
56. Submissions: The legal arguments made during a hearing to explain or argue a certain position. Generally, the parties make opening submissions to outline their position and what evidence they expect the panel will hear, before calling their witnesses. Parties also make closing submissions at the end of the hearing to explain why the evidence heard by the panel supports or does not support a finding of professional misconduct, incompetence, or incapacity. Parties can also make submissions about other issues during the hearing, such as whether the panel should accept something into evidence or other motions.
57. Suspension: An order that the Discipline Committee or Fitness to Practise Committee can make after finding that a member engaged in professional misconduct, or that they are incompetent or incapacitated. When this order is made, a member is not allowed to hold a teaching position for a specified period of time (up to 24 months), and they cannot use the “Ontario Certified Teacher” (OCT) title during that period.
58. Terms, Conditions or Limitations: Practice restrictions imposed by the Discipline Committee or Fitness to Practise Committee on a member’s certificate after making a finding of professional misconduct, incompetence or incapacity.
59. Transcripts: The certified written record of what was said in the hearing. The transcript is typically prepared by a court reporter and may be ordered by a party at their own expense. 
60. Tribunals Book of Authorities: A collection of documents often referenced during hearings including legislation, rules and by-laws, professional advisories, and prior legal decisions. This resource is posted on eScribe for the panel and the parties to refer to as needed. It is also available online.
61. Tribunals’ Office: The Tribunals’ Office is responsible for the administration of hearings. Members should contact the Tribunals’ Office when they need to provide the Tribunal with information related to their hearing like scheduling conflicts or emergencies, or documents they want to present during the hearing. The Tribunals’ Office cannot provide any legal advice and is independent of the College, including the investigations and prosecutions arms of the College.
62. Uncontested Hearing: A hearing where the parties agree on all the facts and ask the panel to accept their agreement about what findings the panel should make. The member will enter a guilty plea or a plea of no contest or an acknowledgement of incapacity with respect to the allegations. The parties can also jointly submit what penalty or order they agree the panel should make.
63. Undertaking: A signed legal document between a member and the College, where the member agrees to certain practice restrictions or to meet certain conditions before holding a position that requires membership in the teaching profession. In some circumstances, a member may undertake never to teach again. Undertakings may simplify the resolution of the allegations against a member.
64. Withdrawal of Allegations: A decision by the College to withdraw all or part of the allegations set out in a Notice of Hearing. This usually happens if the College prosecutor does not think that they will be able to prove that a member committed certain allegations or, in certain circumstances, if it is not in the public interest to pursue the allegations. A withdrawn allegation may be re-issued in the future; for example, where the College receives new evidence or a new witness comes forward.
65. Witness: Someone who testifies at a hearing. Witnesses may include people who had direct involvement or knowledge of the facts relevant to the hearing; expert witnesses (someone who particular expertise in a subject relevant to the hearing); or character witnesses (a person who can testify to the member’s reputation and moral character). Witnesses usually provide their evidence orally, by answering the parties’ questions while under oath. Expert witnesses must provide a written report that sets out their qualifications and opinions about the specific issues in the case, among other things required by rule 7.04.

FAQ for self-represented members