Ontario Teacher Misconduct Lawyer: FAQ on Interim Suspensions

Ontario Teacher Misconduct Lawyer on Interim Suspensions from the OCT

If you’re a teacher facing an interim suspension, this can be profoundly worrying. An Ontario College of Teachers (OCT) investigation can take months if not years to conclude, meaning that you would be without the ability to teach during that time. But an Ontario teacher misconduct lawyer can help you challenge these suspensions – and potentially have them set aside.

Teacher Allegations of Misconduct Can Lead to an Interim Suspension

If you’re one of the hundreds of teachers every year that face allegations of misconduct, you have the right to have your case investigated and presented before the Discipline Committee

During that time, the OCT has the authority to issue an interim suspension as a means to protect students and maintain the integrity of the teaching profession as your investigation progresses. This is a temporary measure – and not indicative of guilt or wrongdoing – that is instituted when there is risk to students or the public, or if the teacher’s conduct is likely to undermine public confidence in the teaching profession should the person being investigated return to work while the disciplinary process is in progress. 

These interim suspensions can be challenged by an OCT professional misconduct lawyer. If successful, this could restore your ability to work. 

An interim suspension is meant to be used sparingly as it is a unilateral decision that doesn’t necessarily provide you with the ability to make an argument against its implementation – meaning that there is often room to make a case as to why the suspension should not have been permitted in the first place. 

If you want to better determine if your interim suspension can be set aside, reach out to an experienced Ontario teacher misconduct lawyer for a free consultation. 

How Do You Know if the OCT Is Seeking an Interim Suspension? Answers from an Experienced OCT Professional Misconduct Lawyer

Teacher allegations of misconduct ought to be made clear via correspondence from the OCT. If an interim suspension is to be issued, the OCT will ask that you sign a voluntary agreement to suspend your certificate. If you refuse to do so, they will seek an interim suspension. 

You can appeal this decision by making a legal submission to the Ontario Divisional Court

Remember that interim suspensions can be imposed without a hearing and are typically reviewed within 30 days of being imposed. The teacher has the right to request a review of the interim suspension, but this review will not result in a final decision on the underlying complaint.

When to Hire an Ontario Teacher Misconduct Lawyer for a College of Teachers Complaint?

It is essential that teachers who receive complaints from the College of Teachers obtain legal advice from a qualified Ontario teacher misconduct lawyer quickly. This is especially true in cases involving interim suspensions as a suspension can last for many years and there are short legal timelines to make submissions or challenge an interim suspension.

Finding the Right OCT Professional Misconduct Lawyer for Your Case

There are a variety of factors to consider when finding the right lawyer to defend you against teacher allegations of misconduct – some of which are less tangible than others (your personal rapport with them and preferences, for instance). 

But there are key abilities and traits that your counsel must have in order to represent you successfully: 

  • Experience – can they demonstrate a track record of successfully representing clients?
  • Care – these disputes can be very charged involving someone’s career and reputation, requiring care and attentiveness from your lawyer
  • Knowledge – your lawyer needs to have extensive experience at the OCT to effectively argue your case
  • Integrity – your lawyer should be available to answer all your questions and ensure that the process is 100% transparent

While it isn’t always easy to identify these traits immediately when seeking legal advice about an OCT complaint in Ontario, an in-person meeting combined with some internet research goes a long way. In other words, don’t hesitate to book your OCT complaint free consultation with your prospective professional discipline lawyer. Worst case, you lose some time. Best case, you find representation that will be able to help resolve the complaint and extract the best possible outcome. 

Work with an Experienced Team of Ontario Teacher Misconduct Lawyers

If you’re looking for an OCT complaint lawyer in Toronto that can help you reach the best outcome possible in your investigation, then you need representation that has the right combination of experience, knowledge, care, and dedication to our clients best interests. What you need is the team at Unified LLP. 

At Unified LLP, our team of professional and experienced OCT defence lawyers can deliver quality legal advice, so you can have peace of mind knowing you’re well taken care of. If the case goes before the disciplinary committee, you can rely on experienced lawyers to effectively represent your case. 

Get a free OCT Complaint consultation with the team at Unified LLP and we can better assess your needs and how our legal experts can help you.