This matter came before a Panel of the Discipline Committee on April 21, 2010.

Background

Ms. Agnelli is an occupational therapist who is registered with the College. In or about May 2007, Ms. Agnelli was randomly selected for participation in the 2007 Peer Review and Remediation component of the Quality Assurance Program of the College. The Peer Review and Remediation component of the Quality Assurance Program is also called "Competency Review and Evaluation". Ms. Agnelli requested and was subsequently granted deferral of the 2007 Competency Review and Evaluation and Ms. Agnelli was advised that she would be required to participate in the Quality Assurance Program in 2008.

On or about September 30, 2008, Ms. Agnelli was advised that her participation in the 2008 Competency Review and Evaluation was required however despite repeated requests via written correspondence, telephone calls and emails from College staff from the latter part of 2008 through to October 2009; Ms. Agnelli failed to participate in the 2008 Competency Review and Evaluation.

An extensive investigation was carried out at the end of which the Inquiries, Complaints and Reports Committee referred the matter to the Discipline Committee for a hearing.

The Member’s Plea

At the hearing, Ms. Agnelli admitted the allegations set out in item 10 of the Agreed Statement of Facts. The panel conducted a plea inquiry and was satisfied that the Member's admission was voluntary, informed and unequivocal.

A Summary of the Allegations and Agreed Facts

In or about May 2007, Ms. Agnelli was randomly selected for participation in the 2007 Peer Review and Remediation component of the Quality Assurance Program of the College. However Ms. Agnelli requested, and was granted, a deferral of her 2007 Competency Review and Evaluation, due to the illness of Ms. Agnelli's elderly aunt.

On or about September 30, 2008, Ms. Agnelli was advised that her participation in the 2008 Competency Review and Evaluation was required.

It is alleged that despite repeated requests from College staff from the latter part of 2008 through to October 2009, Ms. Agnelli failed to participate in the 2008 Competency Review and Evaluation. It is further alleged that Ms. Agnelli failed to respond appropriately to College representatives throughout this period.

It is alleged that the conduct above constitutes professional misconduct pursuant to paragraph 34 (contravening the Quality Assurance regulation); and/or paragraph 45 (failing to respond appropriately or within a reasonable time to a written inquiry from the College); and/or paragraph 48 (disgraceful, dishonorable or unprofessional conduct), of section 1 of Ontario Regulation 95/07, under the Occupational Therapy Act, 1991.

Decision

The Panel agreed that Ms. Agnelli's conduct constituted professional misconduct and, in particular, finds that the Member committed an act of professional misconduct as alleged in paragraphs 34 and 45 of Section 1 of Ontario Regulation 95-07, made under the Occupational Therapy Act, 1991.

Penalty and Costs

Counsel for the College advised the panel that a Joint Submission on Order had been agreed upon. The Joint Submission on Penalty and Costs has been provided as follows:

The parties agree that the following proposal on penalty and costs would be an appropriate Order in this matter:

  1. Ms. Agnelli is required to appear before this panel of the discipline Committee to be reprimanded, the fact of which shall be recorded on the register of the College of Occupational Therapists of Ontario (the "College")
  2. The Registrar is directed to suspend Ms. Agnelli's certificate of registration for a period of six (6) weeks, to commence on a date to be set by the registrar.
  3. Two (2) weeks of the suspension will themselves be suspended if Ms. Agnelli complies with paragraphs 4, 5 and 7 of the Order within the timelines set out in those paragraphs. Those additional two (2) weeks will be served on a date to be set by the Registrar of Ms. Agnelli breaches, in the opinion of the Registrar, paragraphs 4, 5, or 7 of the Order.
  4. The Registrar is directed to impose a specific term, condition and limitation on Ms. Agnelli's certificate of registration requiring her to provide to the Registrar proof of successful completion at her cost of a course on professional regulation/conduct approved by the Registrar within twelve (12) months of the panel's order becoming final. This term, condition and limitation shall be removed from the certificate of registration of Ms. Agnelli when the Registrar is satisfied that Ms. Agnelli has complied with it.
  5. The Registrar is directed to impose a specific term, condition and limitation on Ms. Agnelli's certificate of registration requiring her to participate in the Competency Review and Evaluation portion of the College's QA program, within 60 days of the panel's order becoming final. This term, condition and limitation shall be removed from the certificate of registration of Ms. Agnelli when the Registrar is satisfied that Ms. Agnelli has complied with it.
  6. The Registrar is directed to impose a specific term, condition and limitation on Ms. Agnelli's certificate of registration requiring her to respond appropriately, and within the timeline given by the College (or within 30 days if no timeline is given), to inquiries made by the College that request a response (whether by correspondence, email, telephone call or otherwise). This term, condition and limitation shall be removed from the certificate of registration of Ms. Agnelli three (3) years after the date of the hearing.
  7. Ms. Agnelli is ordered to pay costs to the College of $3,000.00, payable in twelve (12) equal and consecutive monthly installments of $250.00, with the first payment starting on the 15th day of the second month after the completion of the six week period of suspension.


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