Part 7 — Education Professions and Occupations Division 1 Responsibilities
225.97 Commissioner's actions after investigation
means an offence prescribed by the regulations.
(2) This section does not apply where an investigator's report
confirms that the teacher or teacher leader who is under
investigation has been convicted of a prescribed offence that
proceeded by indictment.
(3) On receiving an investigator's report respecting a complaint of
alleged professional incompetence, the Commissioner shall
forthwith
(a) decide to take no further ac tion with respect to the complaint
if the Commissioner is of the opinion that
(i) the matter is frivolous, v exatious or without merit, or
(ii) there is insufficient evidence to warrant a hearing befor e
a hearing committee,
(b) seek to enter into a consent resolution agreement with the
teacher or teacher leader under section 225.994 if the
Commissioner is of the opinion that the teacher or teacher
leader is professionally incompetent in teaching or
leadership duties, or
(c) direct the chair of the pa nel to establish a hearing committee
under section 225.9 and refer the complaint to the hearing
committee for a hearing under section 225.996 if the
Commissioner is of the opinion that the complaint warrants
a hearing.
(4) On receiving an investigator's report respecting a complaint of
alleged unprofessional conduct, the Commissioner shall forthwith
(a) decide to take no further ac tion with respect to the complaint
if the Commissioner is of the opinion that
(i) the matter is frivolous, v exatious or without merit, or
(ii) there is insufficient evidence to warrant
(A) a dispute resolution process under section 225.993,
or
(B) a hearing before a hearing committee,
(b) direct the chair of the panel to appoint a panel member to
conduct a dispute resolution process and refer the complaint
to the panel member to conduct a dispute resolution process
under section 225.993 if the Commissioner is of the opinion
that the complaint does not warrant a hearing,
(c) seek to enter into a consent resolution agreement with the
teacher or teacher leader under section 225.994 if the
Commissioner is of the opinion that the conduct of the
teacher or teacher leader constitutes unprofessional conduct,
(d) direct the chair of the pa nel to establish a hearing committee
under section 225.9 and refer the complaint to the hearing
committee for a hearing under section 225.996 if
(i) the investigator's report confirms that the teacher or
teacher leader has been convicted of an indictable
offence other than a prescribed offence, or
(ii) the Commissioner is of the opinion that the complaint
warrants a hearing,
o r
(e) initiate the process under section 225.98 if the investiga tor's
report confirms that the teacher or teacher leader has been
convicted of a prescribed offence that proceeded by
indictment.
(5) The Commissioner shall
(a) serve on the complainant, i f any, and the teacher or teacher
leader
(i) the Commissioner's decision under subsection (3) or (4),
including the reasons for the decision, and
(ii) notice of the complainant's right to appeal the decision
under section 225.95 if the decision is to take no further
action,
a n d
(b) send the Commissioner's decision under subsection (3) or
(4), including the reasons for the decision
(i) to the administrator, and
(ii) to the Registrar, if the Commissioner makes a decision
under subsection (3)(a) or (4)(a).
(6) The Commissioner shall send to the teacher or teacher leader
the investigator's report.
2022 c7 s12;2025 c6 s27