What can I expect after an investigation?

If you suspect that a request has been made to investigate your conduct, or if you have just been informed that an investigation into your conduct has been launched, this page provides information about the applicable investigative process.

Am I the subject of a complaint?

We often talk about “filing a complaint with a professional order.” However, we should be talking about “making an investigation request to the Office of the Syndic,” since it is the Office that receives reports from the members of the public, which are referred to as investigation requests. At the investigation stage, there are no complaints or disciplinary files. You are not charged with anything. The purpose of the investigation is first to verify the facts and circumstances surrounding the information received and to establish whether the allegations made by the requesting party are well founded. This makes it possible to determine whether a psychologist has potentially breached the laws and regulations governing his or her practice. The investigation is carried out by a Syndic. Most investigations result in non-disciplinary action.

When will I be informed of the charges against me?

In most cases, when it does not interfere with the investigation, the Syndic will inform you as soon as possible of the reasons given by the person requesting the investigation. However, syndics sometimes provide little or no information on this subject because they want to ensure that they obtain spontaneous answers from you during the investigation interviews or because the person requesting the investigation wishes to remain anonymous.

Can I continue to practice?

In almost all cases, you can continue to work as you normally do. In certain situations where the protection of the public urgently requires it, a Syndic may, when filing a complaint, ask the Disciplinary Council to strike the psychologist off the Ordre's roll of members immediately and provisionally or to restrict his or her right to practice immediately and provisionally, while the complaint is being heard by the Disciplinary Council.

Can I continue to see my client?

If one of your clients or a family member has requested an investigation and it is still an active file, you must obtain written authorization from a syndic to continue working with that client.

Can I avoid an investigation by a Syndic?

When the Office of the Syndic opens an investigation into your conduct, you have an obligation to cooperate. Provisions of the Professional Code (s.. 114 and s. 122) and the Code of Ethics of Psychologists (art. 63) state that a Syndic may request documents and information from psychologists and third parties and that they are obliged to provide the requested information. In addition, you may not encourage a person in possession of information about you not to cooperate with a Syndic or forbid him or her to provide such information.

What can I expect during an investigation?

The Syndic has a variety of investigative methods at his or her disposal, depending on the specifics of each situation he or she must deal with. Most often, the Syndic:

• analyzes the documents submitted by the person making the request
• conducts an interview with that person
• studies the documents submitted by the psychologist
• interviews the psychologist
• meets with witnesses
• consults an expert

You must therefore provide the original or a copy of the files in question. You will be questioned about your conduct and practice during at interview. This interview is usually recorded so that the exchanges can be accurately documented. The recording is an integral part of the Syndic's confidential investigation file. At all times during the process, you can expect to be treated with respect, to be able to give your side of the story, and to be properly informed about the disciplinary process and the Syndic’s role.

What about the confidentiality of my records?

The Professional Code (art. 192) allows the Syndic to examine the records kept by the psychologist, to request the delivery of any document, to take a copy and to require that any information be provided. Therefore you cannot invoke your obligation to respect professional secrecy to refuse to do so. The content of the Syndic's investigation is confidential, and access to it is subject to strict and restrictive rules (Professional Code, art. 108.1 to 108.11).

How can I prepare for the investigation?

If you are aware of the reasons for the investigation, we suggest that you prepare yourself by reading the documentation sent to you by the Syndic, studying your file if applicable, and noting your conclusions and recollections. You can also respond in writing to the Syndic, providing any information or documents that may shed light on the situation under investigation. Note that under no circumstances may you communicate with the person who filed the investigation request without the Syndic’s written authorization (Code of Ethics of Psychologists, art. 65).

Can I see all the documents in the Syndic's possession?

The Syndic gathers all the documents and testimony he or she needs to complete his or her investigation. During the investigation, he or she is under no obligation to give them to you, show them to you or even reveal their existence to you. However, should a disciplinary complaint be filed against you, the Syndic must disclose his or her evidence to you — all the information he or she has gathered to support his or her allegations — to enable you to present a full and comprehensive defence.

How should I behave during an investigation?

Here are a few useful tips to help you react appropriately to a Syndic's investigation. The following behaviours should be encouraged:

• Responding to the Syndic’s request within the allotted time;
• If necessary, informing the Syndic as soon as possible of your inability to respond within the allotted time and requesting additional time;
• Offering your cooperation to the Syndic;
• Preparing for the Syndic’s interview by reviewing the relevant documents submitted with the investigation request;
• Bringing your client file to the interview;
• Providing the Syndic with all the documents he or she needs to understand the case;
• Responding to the Syndic or calling him or her back as soon as possible: even if you have retained the services of a lawyer to assist you, you must contact the Syndic yourself.

The following behaviours should be avoided:

• Treating the Syndic as an adversary;
• Stubbornly refusing to respond to the Syndic;
• Discrediting the person who has contacted the Office of the Syndic;
• Requesting a letter or testimonial from one of your clients.

Note: These tips are taken from Le syndic et l'avocat : le syndrome du coyote, by Jean-Paul Michaud.

Can I have access to the investigation file?

The investigation file is confidential. However, you may ask the Syndic for access, as can the person requesting the investigation. The Syndic assesses the possibility of disclosure on a case-by-case basis, in accordance with the provisions of the Professional Code (s.. 108.3 to 108.11). If the Syndic refuses, you can make a request to the Commission d'accès à l'information, which will hold a hearing on your request. This body will then decide whether to order disclosure of the file.

Do I need a lawyer?

During the investigation, you may retain the services of a lawyer. He or she can assist you but cannot represent you, answer questions for you or interfere with the Syndic's investigation. If the investigation results in a complaint to the Disciplinary Council, we strongly recommend that you be represented by a lawyer.

Does my liability insurance apply?

No. Professional liability insurance does not cover expenses incurred because of a Syndic's investigation or a disciplinary process. Insurance covering disciplinary costs does exist, however, and is available to psychologists through certain organizations.

Can a Syndic force me to see a doctor?

No. However, the Syndic may suggest it if he or she is concerned about the effect of your state of health on your ability to provide services to the public. You are free to accept or refuse examination by a doctor and to undergo appropriate treatment. The Syndic may also request that the Ordre's Board of Directors require you to undergo a medical examination if it has reason to believe that your condition is incompatible with the practice of the profession, as stipulated in the Professional Code (s.. 48).

What are the possible conclusions of an investigation?

At the end of the investigation, the Syndic may decide:

• not to file a complaint with the Disciplinary Council;
• to refer the file to the Professional Inspection Committee;
• to attempt conciliation between the person requesting the investigation and the psychologist;
• to file a complaint with the Disciplinary Council.

In the first case, the Syndic may conclude that there was no ethical misconduct and close the file. Where deviations from the Code of ethics are noted, he or she may seek the psychologist's collaboration in determining non-disciplinary measures to correct or improve the situation.

For example:

• The Syndic may make recommendations or issue warnings to the psychologist;
• The psychologist may voluntarily agree to undergo training or supervision, limit his or her practice, correct certain problems, etc.

Whatever the decision, the Syndic informs the person who requested the investigation and the psychologist in question in writing. If the person requesting the investigation is dissatisfied with a Syndic's decision not to file a complaint, he or she may, within 30 days of the decision, request an opinion from the Review Committee. Furthermore, if a complaint is filed but does not cover all aspects of the investigation request, the person concerned may request the opinion of the Review Committee on the elements not covered in the complaint.

The Review Committee is independent of the Office of the Syndic. It is made up of three people appointed by the Ordre's Board of Directors, one of whom is appointed by the Office des professions to represent the public. The Review Committee gives an opinion on a Syndic's decision not to file a complaint following an investigation request.

Who knows that I'm under investigation?

Only the Office of the Syndic has access to the information contained in the investigation file and to the identity of the psychologist under investigation and the requesting party. However, in certain circumstances where the principle of protecting the public so requires, the Syndic may convey useful information to officers or bodies of the Ordre. In such cases, this information will be accessible to a very limited number of people, all of whom are subject to strict rules of confidentiality. Evidence gathered during the Syndic's investigation becomes accessible to the public during a hearing of the Disciplinary Council. However, on its own initiative or at the request of the parties, the Disciplinary Council may order a hearing to be held in camera, or prohibit the disclosure, publication or dissemination of information or documents, generally to ensure respect for professional secrecy or the protection of a person's privacy or reputation.

If a complaint is filed with the Disciplinary Council, who knows?

Only when the Syndic files a complaint with the Disciplinary Council is certain information about the investigation made available. The date of your hearing will be made public in the calendar of disciplinary hearings on the Ordre's website (French only), along with your name, the Syndic in charge of your file, the names of the attorneys on the file, the nature of the complaint, the offences, and the members of the Disciplinary Council.