Discipline Process: Investigation

Investigation

After the Commissioner receives a complaint or report about a teacher, the Commissioner can order an investigation if more information is required to make a decision. The investigation is an independent fact-gathering process under the direction of the Commissioner. This process is objective and non-adversarial. It allows for the collection of information. An investigator will gather documents, conduct interviews if needed, and summarize the information into a written report. With more information, the Commissioner can make a fair and well-informed decision.

What happens at the beginning of an investigation?

At the start of the investigation:

• The person who made the complaint or report, the teacher, and any school district or independent school authority that employs the teacher are notified
• A copy of the signed complaint is given to the teacher. Some sensitive or confidential elements may be removed to keep them private or protected
• An investigator may contact the person who made the complaint, the teacher and anyone else who may have relevant information

What happens during an investigation?

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 Teachers Act or the former Teaching Profession Act about the teacher under investigation

Anyone involved in the investigation may have 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 a delegate such as an investigator, 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
• Interview the authorized person who is the subject of the investigation
• Interview the person who sent the report or complaint
• Interview any other person the Commissioner thinks may have relevant information

When the investigator has finished the investigation, they will give the collected information to the Commissioner in a written report.  

What happens after an investigation?

Following an investigation, the Commissioner can decide to:

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

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