COTO

Jodi Craig

This matter came before a Panel of the Discipline Committee on September 15, 2008.

Background
In July 2007, the College received a complaint from Mr. Craig's former employer, expressing concern with regards to Mr. Craig's actions after he ceased to be an employee. After an extensive investigation of the concerns cited in the letter of complaint, the Complaints Committee (a screening committee of the College) referred the matter to the Discipline Committee for a hearing.

Prior to the hearing date, counsel for the College and counsel for the member discussed the case on several occasions. During the discussions, Mr. Craig agreed that his actions in the above-noted matter constituted professional misconduct.

The College and Mr. Craig were able to negotiate a penalty which was confirmed as being appropriate by the College's Executive Committee. The parties agreed that the penalty recognized the mitigating factors in the case, the need to address the issue of deterrence and provided for rehabilitation.

The Member's Plea
At the hearing, Mr. Craig admitted the allegations and the fact that his actions constituted professional misconduct.

A Summary of the Allegations and Agreed Facts
On or about July 16, 2007, Mr. Craig falsified a letter that was purported to have been prepared and signed by Ms. A.A. the Managing Partner of his previous employer, when it was not in fact prepared or signed by Ms. A.A. The letter stated that Mr. Craig was still employed with his previous employer as of July 16, 2007, when in fact Mr. Craig's employment with his previous employer had been terminated on or about June 29, 2007. It is alleged that Mr. Craig submitted the falsified letter to a financial institution for the purposes of trying to obtain a mortgage.

Decision
The Panel agreed that Mr. Craig's conduct constituted professional misconduct.

This finding was made in accordance with paragraph 49 of section 1 of Regulation 95/07 under the Occupational Therapy Act, 1991.

The Panel of the Discipline Committee agreed that the proposed penalty was reasonable and that it fulfilled the following Principles on Order namely:

Protection of the Public,
General deterrence for the profession,
Specific deterrence to the member, and
Rehabilitation of the member

In addition, the panel acknowledged the following mitigating factors: (1) this was Mr. Craig's first finding of professional misconduct, and (2) Mr. Craig admitted to the allegations and fully cooperated and in doing so saved the College the expense of holding a contested hearing.

Penalty and Costs
Counsel for the College advised the Panel that a Joint Submission on Order had been agreed upon. The following is a summary of the Joint Submission on Order which was accepted by the Panel:
  1. Mr. Craig is required to appear before a panel of the Discipline Committee to be reprimanded on a date to be set by the Registrar, the fact of which will be recorded on the College register;
  2. The Discipline Committee directs the Registrar to suspend Mr. Craig's certificate of registration for six (6) weeks, to be served on a date to be set by the Registrar;
  3. One (1) week of the suspension will itself be suspended if Mr. Craig prepares apology letters to Ms. A. and Mr. T. acceptable to the Registrar and provides them to the Registrar within 30 days of the date the panel's order becomes final. If Mr. Craig fails to provide to the Registrar acceptable apology letters within 30 days of the date the panel's order becomes final then he will serve the full six week suspension;
  4. The Discipline Committee directs the Registrar to impose a term, condition and limitation requiring Mr. Craig to successfully complete, at his cost, a course in ethics approved by the Registrar, within five (5) months of the date of the panel's order;
  5. The Discipline Committee directs the Registrar to impose a term, condition and limitation prohibiting Mr. Craig from supervising students or provisional practising registrants for a period of one (1) year from the date the panel's order becomes final; and
  6. The Discipline Committee orders Mr. Craig to pay to the College costs in the amount of $5,000.00. Mr. Craig must begin paying the costs no later than the last day of the fourth month after the panel's order becomes final and Mr. Craig must have paid the costs in full within twenty-four (24) months of the date he begins paying the costs. The costs are to be paid in twenty-three (23) equal monthly payments of $208.33 and one final monthly payment of $208.41.