January 4, 2011

An applicant’s pre-membership misconduct is a registration issue and not a disciplinary issue

Administrative Law
Professional Regulation

In an unpublished case concerning a teacher, the issue of whether an applicant can be disciplined for alleged pre-membership conduct was addressed by a Discipline Hearing Panel of the BC College of Teachers. In the case, the applicant had previously been a member of the College but the applicant’s membership was cancelled due to non-payment of fees. Though the applicant had applied for reinstatement before the alleged conduct occurred, the College had not decided on the application of reinstatement when it issued a Citation for a disciplinary hearing. The member argued that the Discipline Hearing Panel had no jurisdiction to consider the alleged pre-membership misconduct.  The Panel concluded that the College did not have the jurisdiction to discipline the applicant as the applicant was not a member when the alleged conduct occurred or when the Citation was issued.  The Panel referred the matter alleged in the Citation to the College’s Registration Fitness Investigation Sub-Committee (FISC).

Lisa C. Fong acted as counsel for the teacher in this case. If additional information is desired with respect to this case, please contact our firm.