Discipline Process: Investigation

Investigation

An investigation is started if the Commissioner thinks more information is required to make a decision. This process is an objective, non-adversarial, information-collecting process so that the Commissioner can make a fair and well-informed decision. An investigator will gathers documents, conducts interviews and writes an investigation report.

At the start of the investigation:

  • The person who made the complaint, the teacher and any school district or independent school authority that employs the teacher are notified
  • A copy of the complaint is provided to the teacher
  • An investigator may contact the person who made the complaint, the teacher and anyone else who may have relevant information

During the investigation, the Commissioner may consider any previous decisions not to take further actions, previous investigations, previous consent resolution agreements, including any findings and/or disciplinary actions taken under the Teaching Profession Act concerning the certificate holder under investigation.

Anyone involved in the investigation may be required to give evidence or provide documentation or other items that could be relevant to the case. If necessary, the Commissioner can apply for a court order for someone to comply with this requirement.

The Commissioner (or delegate) has the authority to:

  • Enter the building of a public or independent school, any buildings used in connection with the school, or any offices of a board of education or independent school authority
  • Inspect any record of a board of education or of an independent school authority
  • Interview any employee of a board of education or independent school authority, the authorized person who is the subject of the investigation, the person who sent the report or complaint and any other person the Commissioner considers may have relevant information

Following an investigation, the Commissioner can decide to:

  • Take no further action, providing reasons to the person who made the complaint or report, the certificate holder, and the school district or independent school authority employer
  • Make or accept a proposal for a consent resolution
  • Issue a citation for a hearing
  • Order a further investigation

If there is a serious risk to the health or safety of students, the Commissioner may order a teacher's certificate be suspended until the final outcome is determined by a hearing or consent resolution.