What Happens When You Make a Complaint to the College about Sexual Abuse

At the College of Physiotherapists of Ontario,
our job is to protect the public. We have a zero-tolerance approach to any form of sexual abuse or sexual boundary crossing by a physiotherapist.
The College investigates all reports of sexual abuse.

Physiotherapists in Ontario must never:

  • have any form of sexual relations with a patient
  • touch a patient in a sexual way, or
  • behave or talk in a sexual way to a patient or about a patient.

Physiotherapists do touch their patients to give them health care. So, this rule does not include touching, behaviour, or remarks that are helpful for providing care.

To learn more about what you can expect when touching is part of your therapy, read about Understanding Sexual Abuse.

The College offers funding for therapy or counselling for patients who are going through the process of making a complaint about sexual abuse.

Questions?

Our Professional Conduct Team is available to answer your questions and chat about your options. Call 416-591-3828 ext. 227 or 1-800-583-5885 ext. 227 or email investigations@collegept.org

Understanding Sexual Abuse Funding for Therapy or Counselling

How the College Learns about Cases of Sexual Abuse

The College may learn that a patient has been sexually abused from the patient themselves. Or the College may receive information from a family member, a health care provider, an employer, or a colleague of the physiotherapist.

The law requires certain people to report sexual abuse to the College. This includes physiotherapists and other health care providers, as well as the owners of clinics or facilities that provide physiotherapy.

Some people report information about sexual abuse to the College, but they do not want to give their name. We know how difficult and sensitive it can be to report information of this kind. If the College has serious concerns for the public, we will investigate, even if you do not make a formal complaint. This is called a Registrar’s Inquiry. Even if you did not make a formal complaint, you may be called as a witness. Your name would not be made public.

Getting Help

What happens if I decide to make a formal complaint about something that happened to me or someone I know?

We understand that this is not easy, and the decision is yours to make. Keep in mind that formal complaints cannot be anonymous. Here is some step-by-step information on what happens:

  1. Submitting a complaint

    A formal complaint to the College must be in writing. It must include your name (or your name and the patient’s name, if you are submitting a complaint on their behalf). 

    Give details about your concerns and the name of the physiotherapist. Give your contact information. The College will contact you to confirm that your complaint has been received.

  2. Investigating the complaint

    The College assigns an investigator to look into the complaint. Investigators are unbiased. They do not decide who is right or wrong — they just gather information. The investigator will contact you to ask more questions and get more details.

    The investigator may also interview witnesses. They may ask for documents to confirm information they have gathered.

    Once the investigator has gathered their information, they will confirm the complaint. This means that the formal complaint has officially started.

  3. The physiotherapist has a chance to respond to the complaint

    The investigator will send a copy of your complaint to the physiotherapist within 14 days of receiving it. The physiotherapist then has 30 days to provide a written response to the College.

  4. A College committee reviews the complaint

    A College committee carefully considers your written complaint, the physiotherapist’s response, and any other information and documents gathered in the investigation. The name of this committee is the Inquiries, Complaints and Reports Committee. It is made up of physiotherapists and members of the public who have been appointed by the College Council.

    The meetings of this committee are not open to the public. The person who made the complaint and the physiotherapist are not allowed to attend.

  5. The committee may decide to refer the case to the Discipline Committee

    If the Inquiries, Complaints and Reports Committee finds that there was a serious issue of professional misconduct or incompetence, like sexual abuse, it refers the matter to the Discipline Committee for a hearing.

    Discipline hearings are open to the public. They are similar to a trial in a court of law. The College posts details about the complaint on the College's Upcoming Hearings webpage.

    The results of the hearing are also published on the Discipline Decisions webpage, the Public Register and the CanLII website.

Upcoming Hearings Discipline Decisions The Public Register www.canlii.org


What if the Complaint is Not Referred to the Discipline Committee?

The Inquiries, Complaints and Reports Committee may decide that the complaint is not serious enough to refer to the Discipline Committee. However, it can take several other courses of action, depending on the facts of the case:

Take no action
The committee may decide, based on all the information it has, that it does not have any concerns with the practice or conduct of the physiotherapist. Or it may find that it cannot make a decision because there is not enough information. The committee can only make a decision based on facts. It cannot assess the credibility of one person over another. 

Offer advice
The committee may decide to offer the physiotherapist advice about their practice going forward. For example, it may recommend that the physiotherapist review learning materials on the College website to help improve their practice. 

Impose an undertaking
The committee may require the physiotherapist to take action to address some concerns from the complaint. It can ask the physiotherapist to sign an ‘undertaking’ or contract. Information about the contract is published on the College’s Public Register. This information is removed after the physiotherapist has done what they are required to do. 

Restrict the physiotherapist’s practice
If the committee has serious concerns about public safety, it can suspend or place restrictions on the physiotherapist’s license. Practice restrictions are listed on the Public Register until the physiotherapist does what the committee requires. Practice restrictions are often part of an undertaking. 

Require educational upgrading
The committee may decide, based on the facts of the case, that the physiotherapist needs to upgrade their skills. This may done through course work or coaching. This is called a Specified Continuing Education and Remediation Program. Details of the physiotherapist’s program are listed on the College’s Public Register.

Impose a caution
The committee will ask the physiotherapist to describe what they have learned or changed in their practice because of the complaint. The physiotherapist will then receive a verbal caution from the committee. Details about the caution are posted on the Public Register permanently.

Can the committee tell the physiotherapist to apologize or pay money back?

No. The law does not give the Committee that power. It cannot require a physiotherapist to apologize. It cannot order a physiotherapist to give refunds or financial compensation to a patient or the person who filed the complaint.

How long does it take to investigate a complaint?

The College aims to complete all investigations and make a decision within 150 days of confirming, or officially starting, the formal complaint process. If the investigation takes longer than 150 days, the College will provide both you and the physiotherapist with regular updates.

How will I find out about the committee’s decision?

After the Inquiries, Complaints and Reports Committee makes its decision, you and the physiotherapist will receive a copy in writing.

What if I do not agree with the committee’s decision?

If you are concerned about the investigation or the committee’s decision, you can ask to appeal to the Health Professions Appeal and Review Board (www.hparb.on.ca). This organization is independent of the College. The physiotherapist also has the right to ask for an appeal.

Please Contact Us if You Have More Questions

Remember, there is no deadline for making a complaint about sexual abuse.
Our Professional Conduct Team is available to answer your questions and chat about your options.

Call 416-591-3828 ext. 227 or 1-800-583-5885 ext. 227
or email investigations@collegept.org