All you need to know about the investigative process

Can I request an anonymous investigation?

You can request to remain anonymous on the investigation request form. If this does not prevent the investigation from taking place, measures will be put in place to ensure that your identity is not disclosed to the psychologist being investigated. Note that, if the investigation concerns services you have received yourself, it may be difficult to ensure your anonymity.

Can I get help with my investigation request?

You may request the assistance of another person at any time during the investigation or during the process of submitting a complaint to the Disciplinary Council.

Is there a fee?

No. The investigation is at the expense of the Ordre des psychologues du Québec. Furthermore, you do not have to pay anything if the Syndic files a complaint with the Disciplinary Council.

What about confidentiality?

All information gathered by the Syndic during his or her investigation is confidential and subject to strict and restrictive access rules, as stipulated in the Professional Code. If, at the end of the investigation, the Syndic decides to file a complaint with the Disciplinary Council, most of the information will constitute the Syndic's evidence and will therefore be disclosed to the psychologist being reported and to the Disciplinary Council. The Council may, however, issue orders later to protect the privacy of those involved.

How long does it take?

The duration of an investigation varies with the complexity of the situation in question. Generally, four to six months are required to complete the investigation. The Office of the Syndic must inform you in writing of the progress of its investigation 90 days after the request for an investigation is filed and then every 60 days until it is completed.

Can the psychologist under investigation contact me?

Once the psychologist has been informed that he or she is under investigation, he or she may no longer communicate with you unless he or she has obtained written permission from the Syndic. However, this does not apply if you have requested anonymity.

Will I have to testify?

During the investigation, the Syndic may contact you for clarification of your request. In the event of a complaint to the Disciplinary Council, persons requesting an investigation seldom have have to testify.

Will I be informed of the results of the investigation?

Yes. At the end of the investigation, the Syndic must inform you of his or her conclusions. If he or she decides not to file a complaint with the Disciplinary Council, or if he or she refers the file to the Professional Inspection Committee, the Syndic must explain his or her decision. If the Syndic decides to file a complaint with the Disciplinary Council, you are not the complainant; the Syndic is the complainant and assumes all responsibility. He or she will inform you of the date, time and place of the disciplinary hearings. When the Disciplinary Council renders its decision, the Syndic must forward a copy to the person requesting the investigation.

Will the investigation result in a penalty?

The investigation allows the Syndic to establish the facts and determine whether the psychologist's conduct complies with the Professional Code and related regulations, including the Code of Ethics of Psychologists. At the end of his or her investigation and analysis of the situation, the Syndic decides whether to file a complaint with the Disciplinary Council. If the Syndic does not file a complaint, he or she may agree on other measures with the psychologist to ensure that the situation does not recur. The disciplinary process begins when a complaint is filed with the Disciplinary Council, and ultimately, if the psychologist is found guilty, one or more penalties will be imposed. Only the Disciplinary Council can impose one of the following penalties on a psychologist:

• Reprimand
• Financial penalty
• Temporary or permanent striking off the roll
• Limitation or suspension of the right to practice
• Revocation of permit

Each penalty is determined on a case-by-case basis, taking into account the nature of the offence, the circumstances in which it was committed, the seriousness of the offence, the consequences for the client, the risk of recidivism and the psychologist's disciplinary record.

Can I be compensated by the psychologist?

To protect the public, the disciplinary process is designed to ensure that the misconduct or the errors committed are not repeated. To claim damages for any harm you feel you have suffered, you must take action in civil court. However, if the Disciplinary Council deems that the client has suffered significant psychological harm as a result of the psychologist's conduct, it may recommend to the Board of Directors that the fines collected from the psychologist found guilty be remitted by the Ordre des psychologues du Québec, in whole or in part, to the person “who has been the victim of a derogatory act referred to in s. 59.1¹, to defray the cost of therapeutic care related to this act. ”²

¹Professional Code, art. 59.1: “The fact of a professional taking advantage of his or her professional relationship with a person to whom he is providing services, during that relationship, to have sexual relations with that person or to make improper gestures or remarks of a sexual nature, constitutes an act derogatory to the dignity of his or her profession.”
²Cf. Professional Code, art. 158.1.

If the Syndic does not file a complaint, does this mean that the psychologist suffers no consequences?

The Syndic's investigation sometimes reveals elements of the psychologist's practice that are best corrected by measures other than recourse to the Disciplinary Council. In such cases, the Syndic clearly explains the psychologist's faults and agrees on specific measures to correct them. At the conclusion of the investigation, the Syndic informs you that such measures will be taken, without giving any details, as these measures are confidential. Follow-up is then undertaken to ensure that the psychologist honours his or her commitments. The most common measures are training, supervision with another psychologist, and voluntary limitation of the psychologist's practice. The Syndic may also report the psychologist to the Professional Inspection Committee, which will decide what action to take.

I don't agree with the Syndic's decision. What can I do about it?

You can request a review by contacting the Ordre's Office of the General Secretary. You have 30 days to do so after the Syndic has sent you his or her final decision in writing. The Review Committee analyzes the entire investigation file and issues an opinion. This opinion may confirm the Syndic's decision, ask for further investigation, refer the file to the Professional Inspection Committee, or find that there are grounds to file a complaint against the psychologist; it then appoints an ad hoc Syndic to investigate and, if necessary, file a complaint.

Can I file a complaint with the Disciplinary Council myself?

Yes. This is called a private complaint. You will then be responsible for proving that the psychologist has contravened the Professional Code and its regulations.