Dialogue Volume 12 Issue 1 2016 | Page 35

discipline summaries expectation of this Committee that a member appear before it to receive a reprimand. Given Dr. Brown’s health issues, however, the Panel had no realistic expectation that Dr. Brown would attend in the near future and therefore agreed to deliver the reprimand on the date of the penalty hearing despite Dr. Brown’s physical absence. Dr. Brown’s counsel made submissions with respect to Dr. Brown’s financial circumstances and sought relief from the requirement to post security. There was no evidence, however, before the Committee to support the submissions with respect to Dr. Brown’s financial circumstances. The Committee ordered that Dr. Brown reimburse the College for funding pro- What does this mean? used in the discipline process Admission The physician admits that the facts alleged amount to professional mis- vided under section 85.7 of the Code, by posting an irrevocable letter of credit or other security acceptable to the College, within 30 days of this order in the amount of $16,060. The Committee ordered costs of the hearing in the amount of $17,840, payable by Dr. Brown to the College. The Committee is of the view that the penalty in this case addresses the goals of specific and general deterrence, the denunciation of serious professional misconduct, and the protection of the public. In summary, the Committee ordered the following: revocation of Dr. Brown’s certificate of registration; a public reprimand; reimbursement to the College for We provide definitions for the legal terminology penalty unless it would be contrary to the public interest and bring the administration of justice into disrepute. conduct 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 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 t Z