Consultation Document July 2017 | Page 28

The following chart illustrates the proposed single screening model: Modernizing the Practice of Veterinary Medicine Investigations & Resolutions Process Intake/Screening (Staff) Resolved INVESTIGATIONS & RESOLUTIONS Investigations & Resolutions Committee Referral to alternative dispute resolution (mandatory process in certain cases) Dismiss (frivolous and vexatious/lack of jurisdiction) Case Review (can appoint investigator) Not resolved. Referred to I&R Committee resolution reviewed and ratified by I&R Committee take no action* issue caution* refer allegations of professional misconduct to the Discipline Committee if the allegation(s) relates to the complaint refer member to the Board of Inquiry if panel has reasonable and probably grounds to believe member is incapacitated hold that member must undertake a (mandatory) Specified Continuing Educational or Remediation Program refer allegations of incapacity to fitness to practice hearing * can be apealed to HPARB (only cases that originated as complaints can be appelaed to HPARB, not those orginitating as reports or inquiries. •Screening Model• Why is the College Considering Changes to this Concept? The current system is cumbersome and confusing with respect to why a specific stream is most appropriate for a particular case. The Complaints Committee’s inability to directly appoint an investigator leads to lengthy processing times and public dissatisfaction. Another challenge is the lack of transparency with respect to the Executive Committee stream, as the Executive Committee does not have the power to share information with another party, even if a case originated with a party making a complaint, which was transferred to the Executive Committee stream to ensure a robust investigation. The proposed screening model eliminates the current model’s two distinct streams with different investigative powers, levels of transparency, and appeal processes. The introduction of mandatory alternative dispute resolution in defined cases will allow for facilitating mediated solutions to a dispute, which contributes to greater satisfaction for several reasons. A solution to a complaint which is crafted by a complainant and the veterinarian involved has been shown to allow for faster resolution, tailored resolutions, increased compliance, and can foster a climate of co-operation and openness even if a voluntary resolution is not reached. The introduction of the power to require a member to undergo mandatory remediation and educative programs would strengthen the College’s powers to undertake remedial solutions where appropriate, and preferable to discipline. Current voluntary undertakings, while at times effective, can only be offered if a discipline hearing is viable in case of an agreement for remediation not being reached. This deters a committee from seeking remediation in cases where it would be a preferable public protection option. The single screening model aims to reduce the inefficiencies and lack of transparency in the current model and strengthen education and remediation options, while maintaining procedural fairness for all parties. 28   Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario