More topics

Discipline Process: Hearing

Last updated on May 23, 2024

Citation for a hearing

A citation is a public document issued by the Commissioner for Teacher Regulation. It lists the allegations against the teacher that will be the subject of a public hearing. Allegations in a citation are unproven until the hearing panel has reached a final decision.

If a citation is issued:

  • The person who made the complaint is notified
  • The date, time and place of the public hearing are posted online

Public hearing

A public hearing is like a court proceeding. It's an opportunity for a hearing panel to hear evidence and testimony relevant to the allegations set out against a teacher. Allegations in a citation are unproven until a hearing panel has determined their validity.

The teacher who is the subject of the hearing is expected to attend. However, if the teacher does not attend, the hearing panel can still proceed with the hearing. 

Hearing and panel decisions are open to the public unless that would cause a significant hardship to a person who was harmed by the teacher.

Before a hearing

The date and location of the hearing are posted on the hearing schedule in advance. If you want to attend a hearing as an observer: 

In special cases, the hearing panel can exclude the public from all or part of a hearing. This is because some information that will be shared at the hearing may cause harm to someone. In some cases, the Commissioner may decide that the hearing will occur through written submissions instead of as a public hearing.

Attending a hearing

Remember to check the hearing schedule for updates before attending a hearing – right up to the start of the hearing. Dates and times can change, or the hearing may be cancelled.

Unless otherwise indicated, all public hearings are held between 9:30am and 4:00pm.

Protocol at the hearing

If you attend a hearing, or you observe a hearing virtually, and you do not comply with these requirements, you may be denied access to the hearing.   

Joining a hearing: When you arrive at an in-person hearing, sign in with the hearing coordinator at the assigned room. If you are attending a virtual hearing, join the hearing before the scheduled start time. You will not be allowed to enter a hearing once the proceeding has begun.

Seats: Observer seating is limited for in-person hearings. The number of available seats depends on the location of the hearing. Hybrid or virtual hearings are limited to a maximum of 10 observers.

Privacy and confidentiality: If the hearing panel chooses to make all or part of any hearing private, all observers will be asked to leave the hearing. Anyone attending a hearing must not disclose or reveal the identity of any witness or the names of anyone that appears in evidence who is under the age of 19.

Etiquette: Food is not permitted in the hearing room. Talking is not permitted during the proceedings. Everyone is asked to leave the hearing room during all breaks. 

At the end of each day: You will need to sign out and return your visitor pass to the hearing coordinator.

Electronic devices: You can attend a hearing with any device that can transmit and/or record data or audio (i.e., smartphones, cellular phones, computers, laptops, tablets, notebooks, personal digital assistants). However, you must follow these rules:

  • The device cannot interfere with the hearing's sound system or other technology
  • The device cannot interfere with hearing decorum or impede the administration of justice
  • The device cannot make noise or require speaking  
  • You cannot take photographs or videos. You cannot use any software or digital tools to record or take screenshots during any aspect of the proceeding
  • You cannot record or digitally transcribe the proceedings, except that accredited media may use electronic devices to audio record a proceeding for the purpose of verifying their notes and for no other purpose
  • If you attend a virtual hearing, you must close all other applications on your electronic device so that they do not interfere with the connectivity of the proceeding

The chair of the hearing panel has the authority to change these rules about using electronic devices during the hearing. 

After the hearing

A hearing panel of three people will consider the allegations made against the teacher and the related evidence and submissions.

The panel may decide to dismiss the citation against the teacher. If the panel does not dismiss the citation, it may make any of the following findings:  

  • The teacher has been or is guilty of professional misconduct or conduct unbecoming a teacher
  • The teacher has been or is incompetent to carry out the professional duties and responsibilities of a teacher 
  • The teacher does not have the capacity to carry out professional duties and responsibilities of a teacher because of a physical or mental disability

The hearing panel may also decide on the consequences for the teacher. The consequences may include:

  • A reprimand
  • Limits or conditions on a teaching certificate
  • The suspension or cancellation of a certificate
  • A ban on the issuance of a new certificate to a teacher who previously held a teaching certificate

The person who made the complaint is told about the hearing panel’s decisions. Note that in some cases, outcomes are not published if it would cause hardship to a person who was harmed.

How hearing panels are appointed

The outcome of a hearing is determined by a hearing panel. The Commissioner pulls panelists from the Disciplinary and Professional Conduct Board and may also appoint members of the public to a sit on hearing panels as appropriate.