Avien Lay (Kwok Yun Lee)

This matter came before a Panel of the Discipline Committee on November 8, 2001.

Background
The College first received a complaint about Mr. Lay’s practice in February 2000. Additional concerns were brought to the College’s attention in the months that followed. There were a variety of concerns raised and the statement of allegations in the Notice of Hearing contained 29 clauses.

Summary of the Concerns raised
The allegations against Mr. Lay included the following:
  • Mr. Lay, knowing that his employer was investigating his conduct in respect of some advice he was alleged to have given to a client, interfered with the investigation by approaching the client in question and providing the client and other individuals with inaccurate information.
  • Mr. Lay added information to a signed statement obtained from a co-worker and the client after it was signed and presented it to the College as being true and accurate.
  • Mr. Lay failed to provide the College with a complete registration history when he originally applied for registration with the College.
  • Mr. Lay failed to keep the College informed of changes to his employment status while practicing in Ontario.
  • Mr. Lay failed to cooperate with a College investigation and provided the College investigator with false and misleading information.
  • Mr. Lay provided his employers with copies of his resumes which may not have been accurate.
  • Mr. Lay started publishing his resume with the name Kwok Yun Lee and misrepresented his Canadian work experience and his membership with the College.
  • Mr. Lay failed to maintain the standard of practice of the profession in respect of another client for whom he did a driving assessment and, when questioned about it by his new employer, gave false information
At the Hearing
Counsel for the College and Mr. Lay presented the Discipline Panel with an acknowledgement and undertaking which would address the concerns of the College and the public interest.

The Acknowledgement and Undertaking
The Acknowledgement and Undertaking reads as follows:

I, Avien Lay, acknowledge and undertake as follows:

I hereby tender the resignation of my certificate of registration effective upon the Discipline Committee accepting the terms of the adjournment of my discipline hearing described below.

I undertake not to reapply for registration with the College until:
  1. A minimum period of three months has passed from the effective date of the resignation, and
  2. I have successfully completed a course in ethics approved by the Registrar that will involve a minimum of 8 hours of instruction and which has an evaluation component indicating whether I have successfully passed the course.
I undertake to then only apply for a provisional certificate of registration (with the exception that I will not have to register for or sit the examination) and consent to a provisional certificate of registration that has the following terms, conditions and limitations, and not to seek to vary or appeal those terms, conditions or limitations:
  1. The certificate of registration shall automatically expire six months after issuance.
  2. I shall only practice in a mentorship arrangement. The mentorship shall be in the practice skills of occupational therapy under the supervision of an occupational therapist approved by the Registrar. The mentor shall be required to sign an acknowledgement and undertaking agreeing to the duties set out in this acknowledgement and undertaking that apply to the mentor. The mentorship shall last for a period of six months of full time practice and shall take place in Ontario. The mentor shall be advised of the unproved allegations currently pending before the Discipline Committee and shall focus his or her assistance and assessment in the skill areas identified there.
  3. The mentor shall provide the College and myself with detailed reports after three months and then at the conclusion of my mentorship. The reports shall set out my practice activities, my progress over the course of the mentorship, a description as to whether I have consistently demonstrated diligence, accepted standards of practice, effective and sensitive communication skills and a high degree of ethics and integrity in my practice and any other pertinent observations. The reports will be covered by the confidentiality provisions of the College and will not be treated as public documents.
  4. If I successfully complete the mentorship I may then apply for an unrestricted certificate of registration. If I am not successful, I may attempt another mentorship. I undertake not to apply for a certificate of registration in Ontario other than as specified above until I have successfully completed the requirements set out above.
I acknowledge that the College is not responsible for the costs of the course, mentorship and reports described above.

I acknowledged that a summary of this matter will be published in the newsletter and annual report of the College including both of my names, Avien Lay and Kwok Yun Lee.

I acknowledge that I have been referred to the Quality Assurance Committee. If I become registered with the College at some future time I understand that the Quality Assurance Committee will continue with that referral at that time.

I acknowledge that the Discipline Committee will be asked by both the College and myself to adjourn indefinitely the hearing of the current allegations in this matter. The Discipline Committee will not be asked to reactivate the hearing of these allegations unless I breach the terms of this acknowledgement and undertaking. If the Discipline Committee accepts this joint submission for an adjournment, my resignation takes effect immediately thereafter.

I acknowledge that I have received legal advice before signing this undertaking.

Decision of the Discipline Committee
The Discipline Panel accepted the joint submission and as such the resignation of Mr. Layit came into effect on November 8, 2001.

In their reasons for decision, the panel cited that the acknowledgement and undertaking considers public safety and that appropriate publicity of this matter would be provided. Further the panel was satisfied that the resolution was consistent with what would have been administered should Mr. Lay had been found guilty of the allegations. In order for the member to return to the practice of occupational therapy in Ontario he would need to enter into a re-qualification process where he must demonstrate diligence, accepted standards of practice, effective and sensitive communication skills and a high degree of ethics and integrity in his practice.

Should Mr. Lay breach any component of this agreement, the Discipline Hearing will resume.