PART I – APPLICATION & PURPOSE
1. POLICY APPLICATION:
1.1. This Disciplinary Policy (“Policy”) applies to all classes of membership granted by CMMOTA, including but not limited to:
1.1.1. Full Massage Therapists;
1.1.2. Full Manual Osteopathic Therapists;
1.1.3. Associate Massage Therapists;
1.1.4. Spa Therapists;
1.1.5. Student Massage Therapists;
1.1.6. Student Manual Osteopathic Therapists;
1.1.7. Inactive Massage Therapists;
1.1.8. Inactive Manual Osteopathic Therapists;
1.1.9. Member Emeritus; and
1.1.10. Any other class of membership designated by CMMOTA from time to time.
1.2. This Policy is subject to the legislation, regulations and regulatory bodies governing Members in their respective jurisdictions, and complaints regarding a regulated CMMOTA Member will be referred to the appropriate regulatory body, as may be applicable. CMMOTA reserves the right to initiate, suspend, reconvene or cancel any complaint review or disciplinary process involving a regulated Member, regardless of the ongoing nature or outcome of any regulatory proceedings against the Member.
2. POLICY PURPOSE:
2.1. This Policy provides a process for Members regarding complaint review and disciplinary measures that aligns with the applicable provincial, federal and municipal legislation and regulations, including the organization’s Mission Statement, Bylaws, Policies, Code of Ethics, Scopes of Practice and Standards of Practice.
2.2. This Policy provides Members with a process of review and resolution of third-party allegations or complaints of incompetence or misconduct through complaint resolution, early intervention, corrective action and progressive disciplinary measures.
3. POLICY OBJECTIVES:
3.1. The objectives of this Policy are to provide:
3.1.1. A transparent and fair complaint review and disciplinary process that is consistently applied to all Members, as applicable;
3.1.2. Clear communication of the issues, consequences and expectations to the Members throughout the process; and
3.1.3. An opportunity to rectify or improve Member behavior or performance, if required and appropriate.
4. DELEGATION OF AUTHORITY:
4.1. In accordance with sections 4.5.1.4 and 4.8 of the Bylaws, the Board of Directors delegates its authority pursuant to sections 3.6.2.2 through 3.6.2.10 of the Bylaws, to the Executive Director and the Disciplinary Committee, as defined below.
4.2. The Disciplinary Committee is a ‘standing committee’, as defined by s. 4.8.1.1 of the Bylaws, and shall be comprised of a minimum of 5 and a maximum of 18 Members in good standing. Upon application to the Board of Directors, Members of the Disciplinary Committee shall be appointed for a 1-year term by the Board of Directors and may serve consecutive terms.
4.3. The Disciplinary Committee shall appoint a Chair and/or Vice-Chair to direct the Committee, as may be required.
4.4. A Sub-Committee of the Disciplinary Committee consisting of a minimum of 3 and a maximum of 7 Committee Members may manage and determine a disciplinary matter involving an Association Member. Such Sub-Committee shall appoint a Chair and/or Vice-Chair to direct the Sub-Committee, as may be required, and shall have the same requisite authority as the whole of the Disciplinary Committee pursuant to the provisions of this policy.
4.5. If the complaint involves a Member acting on the Board of Directors or a CMMOTA Committee, the Member shall be suspended from the Board and any such Committee(s) pending completion of the complaint or disciplinary process.
4.6. If a Member of the Disciplinary Committee, an Investigator or the Executive Director has an arms-length relationship or conflict of interest such that involvement in the Member complaint would be inappropriate, such party will be recused from participating in the complaint and/or disciplinary processes in relation to the Member, and an alternate Committee Member shall be appointed by the Disciplinary Committee to act in such capacity.
PART II – COMPLAINT REVIEW & DISCIPLINARY PROCESS
5. GENERAL GUIDELINES:
5.1. This Policy outlines the complaint review and disciplinary processes for complaints involving a Member’s behavior or performance from a third party or the Executive Director.
5.2. CMMOTA will not review complaints or engage in disciplinary processes involving Members whose membership has been suspended or cancelled, or Members subject to governing legislation and regulations within their respective jurisdictions.
5.3. CMMOTA reserves the right to combine or skip steps outlined in the complaint review or disciplinary process depending upon the specific facts of each situation and the nature of the complaint, behavior or performance issue.
5.4. During the complaint review and disciplinary process, the Member must provide CMMOTA with written notice of any change of address or residency, or any absence from their residence exceeding 14 consecutive days.
6. PROGRESSIVE DISCIPLINARY PROCESS – GUIDING PRINCIPLES:
6.1. CMMOTA will apply a progressive discipline process to address concerns regarding Member behavior or performance that contravenes the legislation, regulations, policies or procedures governing the organization and Members.
6.2. The progressive disciplinary process addresses Member incompetence or misconduct by a Member involving either neglect due to a lack of skills and knowledge of expectations, or misconduct involving neglect despite having the requisite skills and knowledge of expectations.
6.3. Progressive discipline is a disciplinary process whereby the nature of the issue determines the formality of the process and severity of the disciplinary measure.
7. COMPLAINT REVIEW PROCESS:
7.1. Conduct Justifying Complaint Review: The Disciplinary Committee may review the behavior or performance of a Member that:
7.1.1. violates any provision of the legislation or regulations applicable to the Member within its jurisdiction;
7.1.2. violates any provision of the Code of Ethics, Standards of Practice, Bylaws or Policies and Procedures of CMMOTA (“CMMOTA Policies”);
7.1.3. involves incompetence or misconduct that may be or is detrimental to the best interests of the public;
7.1.4. harms or may harm the good reputation and standing of CMMOTA or the Members, generally.
7.2. Intake:
7.2.1. Upon receipt of a complaint against a Member from third party, the Executive Director will review the complaint and determine whether it involves conduct justifying complaint review.
7.2.2. In the absence of a complaint against a Member from a third party or in the event a complaint is withdrawn, the Executive Director may initiate a complaint against a Member if it involves conduct justifying complaint review.
7.2.3. If the complaint does not involve conduct justifying complaint review or is frivolous or vexatious in nature, the complaint shall be dismissed by the Executive Director upon notice to the Complainant and Member.
7.2.4. If the complaint does involve conduct justifying complaint review, as specified in s. 7.1 herein, the Executive Director shall:
7.2.4.1. Verbal Complaint:
7.2.4.1.1. Within 14 days from receipt of a verbal complaint involving a CMMOTA Member, the Executive Director shall provide the Member with written notification of the complaint at the Member’s most recent e-mail or mailing address, and a notation of the verbal complaint will be maintained in the Member’s file.
7.2.4.1.2. The Executive Director shall provide the Disciplinary Committee with notification of a verbal complaint involving a Member if the Member is subject to an ongoing complaint review process or disciplinary process, or as may be appropriate.
7.2.4.1.3. If resolution of the issue or concern is not possible through informal discussion or is not resolved to the satisfaction of the Complainant, the Complainant will be asked to formally submit a written complaint using the prescribed CMMOTA Complaint Form.
7.2.4.2. Written Complaint:
7.2.4.2.1. Within 14 days from receipt of a written complaint involving a CMMOTA Member, the Executive Director shall forward a copy of the CMMOTA Complaint Form and any supporting documents to the Chair of the Disciplinary Committee or request further information and consents from the Complainant.
7.2.4.2.2. Upon receipt of a written complaint, either the Executive Director or the Disciplinary Committee may, at any time, initiate an investigation into the complaint by retaining the services of an independent investigator
7.2.4.2.3. If the Member is subject to a written complaint, the nature of which may present a danger or risk to the public or membership if the Member were permitted to continue providing services, either the Executive Director or the Disciplinary Committee may exercise its discretion to immediately suspend the Member’s membership pending completion of the complaint review and disciplinary process. The decision of the Executive Director to immediately suspend a Member shall be subject to review and confirmation by the Disciplinary Committee within 14 days.
7.2.4.3. Criminal Code:
7.2.4.3.1. Each Member has an obligation to notify CMMOTA, in writing, and provide any documents or information reasonably requested by CMMOTA immediately upon becoming aware of any criminal complaint, investigation, charge or conviction against him or her. Failure by a Member to immediately notify CMMOTA of a criminal complaint, investigation, charge or conviction may result in disciplinary proceedings without further notice to the Member, or immediate suspension or cancelation of membership, at the sole discretion of the Disciplinary Committee.
7.2.4.3.2. If a Member is subject to a criminal complaint, investigation or charges, the nature of which may present a danger or risk to the public or membership, the Executive Director or Disciplinary Committee may exercise its discretion to immediately suspend the Member’s membership and delay complaint review and disciplinary proceedings pending the conclusion of the criminal court proceedings. The decision of the Executive Director to immediately suspend a Member shall be subject to review and confirmation by the Disciplinary Committee within 14 days.
7.2.4.3.3. CMMOTA reserves the right to initiate, suspend, reconvene or cancel any complaint review or disciplinary process involving a Member, regardless of the conclusion of the criminal court proceedings.
7.2.4.3.4. CMMOTA has an obligation to report knowledge of criminal activity involving its Members to the appropriate authorities.
7.3. Disciplinary Committee Complaint Decision:
7.3.1. Within 14 days from receipt of a written complaint involving a Member from a third party or the Executive Director, the Disciplinary Committee shall:
7.3.1.1. conduct a preliminary review of the CMMOTA Complaint form and any supporting documents and information to confirm the matter involves conduct justifying complaint review;
7.3.1.2. direct whether to initiate an investigation into the complaint or retain the services of an independent investigator;
7.3.1.3. direct whether to suspend the membership of the Member or confirm the decision of the Executive Director to suspend the membership of the member pending investigation or resolution of the complaint;
7.3.1.4. direct the most appropriate process for resolution of the complaint, subject to completion of the investigation process, if appropriate; and
7.3.1.5. direct such further and other steps as may be required to address or resolve the complaint.
7.3.2. If the complaint does not involve conduct justifying complaint review, the Disciplinary Committee shall issue a Complaint Decision confirming this and referring the complaint to the Executive Director for dismissal upon notice to the Complainant and Member.
7.3.3. If the complaint does involve conduct justifying complaint review, the Disciplinary Committee shall issue a Complaint Decision to the Member confirming this and, if possible, subject to any investigation process, specifying any disciplinary process(es) to be followed, including but not limited to the following:
7.3.3.1. Verbal discussion with the Member, Complainant or affected parties;
7.3.3.2. Written correspondence with the Member, Complainant or affected parties;
7.3.3.3. Investigation of the complaint;
7.3.3.4. Suspension of the Member pending investigation or resolution of the complaint;
7.3.3.5. Referral to mediation;
7.3.3.6. Referral to a disciplinary hearing; and/or
7.3.3.7. Such further and other processes that may be appropriate to resolve the complaint, as may be revised from time to time, at the sole discretion of the Disciplinary Committee.
7.3.4. The Executive Director shall sign the Complaint Decision of the Disciplinary Committee and note the Complaint Decision in the Member’s file and in the Minutes of the Meeting of the Board of Directors.
7.4. Notice of Complaint to Member:
7.4.1. Within 14 days from receipt of a written complaint involving conduct justifying review from a third party or the Executive Director, the Disciplinary Committee shall direct the Executive Director to provide the following documents or information to the Member via the last known e-mail or mailing address:
7.4.1.1. Disciplinary Committee’s Complaint Decision, subject to the investigation process;
7.4.1.2. CMMOTA Complaint Form, subject to redaction for confidential or sensitive information, documents and information including reasonable particulars of the alleged contravention(s) of the Member;
7.4.1.3. CMMOTA Bylaws, Policies and Procedures applicable to the complaint;
7.4.1.4. Options for resolution;
7.4.1.5. An explanation of potential disciplinary consequences if the Member fails to cooperate or the complaint is found to be valid;
7.4.1.6. A request for a written response to the complaint within 30 days from the date notice was sent to the Member; and
7.4.1.7. Any other information, documents or requests deemed relevant to the complaint against the Member.
7.5. Response by Member:
7.5.1. Within 30 days from the date the Member receives notice of the complaint in accordance with s. 7.4, the Member shall provide the following information or documents to the Disciplinary Committee:
7.5.1.1. A written response, and
7.5.1.2. Such further and other documents and information that may be relevant to the complaint.
7.5.2. Failure of a Member to cooperate or provide information, documents or an adequate response within 30 days from the date the Member received notice of a complaint or during the complaint review and disciplinary processes may result in disciplinary proceedings without further notice to the Member, or immediate suspension or cancelation of membership, at the sole discretion of the Disciplinary Committee.
7.5.3. Failure of a Complainant to cooperate or provide information, documents or an adequate response throughout the complaint review and disciplinary processes, or a frivolous or vexatious complaint, may result in discontinuation of the complaint review or disciplinary proceedings against the Member without further notice to the Complainant, at the sole discretion of the Disciplinary Committee.
7.6. Investigation Process:
7.6.1. If an independent investigator is engaged at any point in the complaint review and disciplinary process, such investigator shall be at liberty to, in its sole discretion:
7.6.1.1. Interview the Complainant and request and review supporting information and documents;
7.6.1.2. Interview the Member and request and review supporting information and documents;
7.6.1.3. Interview any witnesses or parties related to the complaint and request and review relevant supporting information and documents;
7.6.1.4. Inspect the Member’s workplace; and
7.6.1.5. Request and review any further confidential information, treatment records, documents or items as may be required within the context of the Investigation.
7.6.2. Upon completion of the investigation process, the investigator will provide the Investigation Report to the Executive Director, who will forward it to the Disciplinary Committee. The Investigation Report shall contain the following information:
7.6.2.1. Copies of all documents and information related to the complaint;
7.6.2.2. A written summary of investigative findings; and
7.6.2.3. Such further and other documents and information that may be relevant to the complaint.
8. DISCIPLINARY REVIEW PROCESS:
8.1. Upon receipt of the Investigation Report, if applicable, or upon completion of the investigation process, the Disciplinary Committee, in its sole discretion, shall provide the Member with written notice confirming the process(es) by which it will proceed to address the complaint, such processes to include but not be limited to:
8.1.1. Verbal discussion or written correspondence with the Member, complainant or affected parties;
8.1.2. Referral to mediation;
8.1.3. Referral to a disciplinary hearing; or
8.1.4. Such further and other processes that may be appropriate based on the nature of the complaint.
8.2. Referral to Mediation:
8.2.1. If it appears a complaint may be resolved through mediation, the Disciplinary Committee may appoint a mediator to facilitate discussions between the complainant and the Member. Such mediation may occur in writing, in person or electronically.
8.2.2. Mediation may not be conducted by the Executive Director, Investigator, or any Member of the Disciplinary Committee or Board of Directors, and all communications during the mediation process are privileged and cannot be used as evidence against either party in subsequent proceedings.
8.2.3. If mediation is directed by the Disciplinary Committee, the Member will be required to pay the Mediation Fee (“Mediation Fee”) prescribed in the CMMOTA Fee Schedule within 14 days from providing a written Notice of Mediation to the Member. Failure by the Member to pay the Mediation Fee within 14 days from receiving the Notice of Mediation may result in immediate suspension or cancelation of membership, at the discretion of the Disciplinary Committee.
8.2.4. If mediation is unsuccessful in resolving the complaint, the matter shall be referred back to the Disciplinary Committee, who shall determine the appropriate manner by which to proceed in accordance with s. 8.1 above.
8.3. Referral to Disciplinary Hearing:
8.3.1. The Disciplinary Committee is not bound by the laws of evidence within the disciplinary hearing process and the disciplinary hearing procedures are intended to be flexible. The Disciplinary Committee may, from time to time, implement Procedural Rules to ensure the efficiency, transparency and fairness of the disciplinary hearing process.
8.3.2. If the Disciplinary Committee determines that a disciplinary hearing is appropriate to adequately decide the matter, the Member will be required to pay the Discipline Hearing Fee (“Hearing Fee”) prescribed in the CMMOTA Fee Schedule within 14 days from providing a written Notice of Hearing to the Member.
8.3.2.1. The Hearing Fee shall be refunded to the Member in the event the complaint is dismissed.
8.3.3. The Disciplinary Committee shall, in its sole discretion, determine whether the disciplinary hearing can be decided based solely upon written submissions, or whether an oral hearing or combination of both processes is required.
8.3.4. Disciplinary Hearing by Written Submissions: If the Disciplinary Committee determines that a disciplinary hearing by written submissions is appropriate to adequately decide the matter, the Member will be provided with a copy of the following information or documents to be considered by the Disciplinary Committee in relation to the complaint:
8.3.4.1. Notice of Hearing containing the following information:
8.3.4.1.1. Reasonable particulars of the alleged contravention(s) of the Member;
8.3.4.1.2. Notification of the right of each party to be represented by independent legal counsel at its own expense;
8.3.4.1.3. Notification of the 14-day deadline for payment of the Hearing Fee by the Member;
8.3.4.1.4. Notification of the 30-day deadline for further response, information or documents from the Member;
8.3.4.1.5. An explanation of potential disciplinary consequences if the Member fails to cooperate or the complaint is found to be valid; and
8.3.4.1.6. Such further and other information as may be relevant to the hearing process.
8.3.4.2. CMMOTA Complaint Form, subject to redaction for confidential or sensitive information, documents and information related to the allegations;
8.3.4.3. Disciplinary Committee’s Complaint Decision, subject to the investigation process;
8.3.4.4. Member’s written response, documents and information related to the allegations;
8.3.4.5. Summary of CMMOTA investigative findings, subject to redaction for confidential or sensitive information;
8.3.4.6. CMMOTA Bylaws, Policies and Procedures applicable to the complaint; and
8.3.4.7. Any further notices, information or documents deemed relevant to the hearing process by the Disciplinary Committee.
8.3.5. Failure by the Member to pay the Hearing Fee within 14 days from receiving the Notice of Hearing may result in immediate suspension or cancelation of membership, at the discretion of the Disciplinary Committee. Failure by the Member to provide a written response within 30 days from receipt of the Notice of Hearing or to cooperate with any process associated with the disciplinary hearing may result in the Disciplinary Committee providing a Decision in the absence of the Member’s response without further notice to the Member.
8.3.6. Disciplinary Hearing by Oral Submissions: If the Disciplinary Committee determines that a disciplinary hearing by oral submissions is appropriate to adequately decide the matter, the Member will be provided with a copy of the following information or documents to be considered by the Disciplinary Committee at the hearing of the complaint:
8.3.6.1. Notice of Hearing containing the following information:
8.3.6.1.1. Notification of the Hearing Date, time and whether the disciplinary hearing will be conducted via electronic means or in person;
8.3.6.1.2. Reasonable particulars of the alleged contravention(s) of the Member;
8.3.6.1.3. Notification of the right of each party to be represented by independent legal counsel (at its own expense);
8.3.6.1.4. Notification of the 14-day deadline for payment of the Hearing Fee by the Member;
8.3.6.1.5. Notification of the 30-day deadline for further response, information, documents and a list of witnesses from the Member;
8.3.6.1.6. A list of potential witness(es) providing oral testimony in relation to the complaint;
8.3.6.1.7. An explanation of potential disciplinary consequences if the Member fails to cooperate or the complaint is found to be valid; and
8.3.6.1.8. Such further and other information as may be relevant to the hearing process.
8.3.6.2. CMMOTA Complaint Form, subject to redaction for confidential or sensitive information, documents and information related to the allegations;
8.3.6.3. Disciplinary Committee’s Complaint Decision, subject to the investigation process;
8.3.6.4. Member’s written response, documents and information related to the allegations;
8.3.6.5. Summary of CMMOTA investigative findings, subject to redaction for confidential or sensitive information;
8.3.6.6. CMMOTA Bylaws, Policies and Procedures applicable to the complaint; and
8.3.6.7. Any further notices, information or documents deemed relevant to the hearing process by the Disciplinary Committee.
8.3.7. Failure by the Member to pay the Hearing Fee within 14 days from receiving the Notice of Hearing may result in immediate suspension or cancelation of membership, at the discretion of the Disciplinary Committee. Failure by the Member to provide a written response, information, documents or a list of witness(es) within 30 days of receipt of the Notice of Hearing or cooperate with any process associated with the disciplinary hearing may result in the Disciplinary Committee providing a Decision in the absence of the Member’s response or cooperation without further notice to the Member.
8.3.8. The Disciplinary Committee shall have the sole discretion to determine the timeline, manner, format, process and agenda of the disciplinary hearing, including any preliminary hearing matters. The Disciplinary Committee may call any witnesses deemed necessary, including the Investigator, to facilitate the hearing process.
8.3.9. CMMOTA is the sole party authorized to record any oral hearing proceedings. Without CMMOTA’s express consent, no recordings by any means may be made of the proceedings.
8.3.10. If it is determined, in the sole discretion of the Disciplinary Committee, that the Complainant may experience emotional distress by providing oral testimony during the hearing process, the Disciplinary Committee may accommodate the Complainant by permitting testimony via electronic means or a modified process that limits or avoids contact or interactions between the Complainant and the Member. Such accommodation may include determination of the matters solely on the basis of written submissions but shall not unreasonably restrict the Member’s ability to provide full answer and defense to the complaint.
9. DISCIPLINARY DECISION:
9.1. All deliberations of the Disciplinary Committee shall be privileged and confidential with only the Disciplinary Committee Members present.
9.2. The Disciplinary Committee may consider the following factors in deliberation of the Disciplinary Decision:
9.2.1. The nature of the alleged incompetence or misconduct;
9.2.2. Any information, documents or evidence that, in the reasonable opinion of the Committee, are reliable and relevant to the Disciplinary Decision;
9.2.3. Any evidence or information of efforts by the Member to mitigate the complaint;
9.2.4. The experience of the Member involved;
9.2.5. The disciplinary history of the Member involved; and
9.2.6. Any other information or factor that may be relevant in deliberation of the Disciplinary Decision by the Committee.
9.3. The written Disciplinary Decision of the Disciplinary Committee shall be signed by the Chair and provided to the Executive Director within a reasonable period of time following the conclusion of the disciplinary hearing processes, and shall specify:
9.3.1. Whether the complaint is dismissed or upheld;
9.3.2. The CMMOTA Bylaws, Policies and Procedures contravened by the Member, if any;
9.3.3. Reasons that reasonably explain the evidence, considerations, factors and justifications for the Disciplinary Decision;
9.3.4. Disciplinary measures imposed upon the Member, if any;
9.3.5. Notice the Disciplinary Decision is final, binding and not subject to appeal; and
9.3.6. Such further and other information as the Disciplinary Committee deems appropriate.
9.4. The Executive Director shall review, approve and sign the Disciplinary Decision and provide a written copy to the Member and a Summary of the Decision to the Complainant at the last known regular or e-mail address for each party. A copy of the Complaint Decision will also be noted in the Member’s file and in the Minutes of the Meeting of the Board of Directors. If the Disciplinary Decision dismisses the Complaint in its entirety, the CMMOTA Complaint Form, Complaint Decision and all associated information and documents will be removed from the Member’s file after a period of 5 years, at the discretion of the Disciplinary Committee.
9.5. The Disciplinary Decision may be published, posted or released by CMMOTA once it has been reviewed and approved by the Executive Director, with a copy provided to the Member and Complainant. If the Disciplinary Decision upholds the complaint, a copy of the Complaint Decision and associated information and documents will be maintained in the Member’s file as deemed necessary by the Disciplinary Committee.
9.6. If the Disciplinary Committee decides that making the Disciplinary Decision publicly available would unduly violate the privacy or safety of any person, the Board of Directors may direct by motion, and majority vote that the Disciplinary Decision or a portion of it shall remain confidential.
PART III – DISCIPLINARY MEASURES
10. PROGRESSIVE DISCIPLINARY PROCESS:
10.1. In accordance with paragraph 6 of this Policy, CMMOTA applies a progressive disciplinary process whereby the nature of the incompetence or misconduct determines the formality of the process and severity of the disciplinary measure(s) utilized by the Disciplinary Committee.
11. DISCIPLINARY MEASURES:
11.1. Disciplinary measures that may be imposed on a Member are not limited to but may include any one or a combination of the following:
11.1.1. Verbal Reprimand:
11.1.1.1. Verbal reprimand provides the Member with verbal confirmation of:
11.1.1.1.1. violation of the legislation, regulations, policies or procedures;
11.1.1.1.2. expectations for Member conduct;
11.1.1.1.3. direction or steps intended to rectify or remediate the behavior or performance issue;
11.1.1.1.4. follow up required by the Member, including timelines; and
11.1.1.1.5. such further and other information as may be deemed relevant by the Disciplinary Committee.
11.1.1.2. Within 14 days from discussions with the Member, the Member will confirm his or her understanding of the issues, corrective action and follow-up required by signing and returning a written summary of the information provided by CMMOTA. Such written record will be placed on the Member’s file with CMMOTA.
11.1.2. Written Reprimand:
11.1.2.1. Written reprimand provides the Member with a formal Performance Improvement Plan (“PIP”) that specifies the:
11.1.2.1.1. violation of the legislation, regulations, policies or procedures;
11.1.2.1.2. expectations for Member conduct;
11.1.2.1.3. direction or steps intended to rectify or remediate the behavior or performance issue;
11.1.2.1.4. follow up required by the Member, including timelines;
11.1.2.1.5. warning as to future conduct and consequences, if appropriate; and
11.1.2.1.6. such further and other information as may be deemed relevant by the Disciplinary Committee.
11.1.2.2. Within 14 days from providing the PIP to the Member, the Member will confirm his or her understanding of the issues, corrective action and follow-up required by signing and returning a copy of the PIP to CMMOTA. Such written record will be placed on the Member’s file with CMMOTA.
11.1.2.3. All discussions with the Member regarding the PIP, behavior or performance issues will be documented, in writing, and retained in the Member’s file with CMMOTA.
11.1.3. Practice Restrictions:
11.1.3.1. The Member may be required to comply with specific practice restrictions, requirements or conditions the Member must satisfy to maintain Membership with CMMOTA, including but not limited to:
11.1.3.1.1. Discontinuing specific treatment procedures or modalities;
11.1.3.1.2. Practicing only under the supervision of another Member, as designated by the Disciplinary Committee; and
11.1.3.1.3. Any other reasonable restriction, requirement or condition the Disciplinary Committee deems reasonable;
11.1.4. Educational Requirements:
11.1.4.1. The Member may be directed to attend an educational course, re-training or upgrading program, which may require a minimum number of educational hours to be completed by the Member within a specified timeline. The Member must provide written proof of completion of any additional educational requirements to the satisfaction of CMMOTA.
11.1.5. Site Visits:
11.1.5.1. The Member may be required to attend site visits to ensure worksite compliance with the legislation, regulations, policies and procedures.
11.1.6. Suspension of Membership:
11.1.6.1. A Member’s suspension applies to all classes of Membership held with CMMOTA until certain conditions, requirements or timelines are met or until Membership is canceled.
11.1.6.2. The suspended Member shall be provided with a Notice of Suspension specifying the reason(s) for the suspension, and the conditions, requirements or timelines associated with the Member’s suspension.
11.1.6.3. Upon suspension, the Member’s benefits and privileges associated with Membership will immediately be suspended. This includes but is not limited to the Member’s authorization to use CMMOTA’s logo’s, trademarks, processes and intellectual property, as well as the Member’s representations, publications or advertisements claiming Membership or affiliation with the organization.
11.1.6.4. Upon suspension, CMMOTA will inform any relevant third parties of the suspension, update the Member status to ‘Suspended’ on the Membership Registry and take such further and other steps as may be reasonably required upon suspension of the individual’s Membership.
11.1.6.5. Membership may be suspended pending the results of a criminal complaint, investigation, charge or conviction or pending a CMMOTA Investigation, Complaint and Disciplinary Review Process or Disciplinary Decision. Membership may also be suspended for non-payment of Fees in accordance with the CMMOTA Fee Schedule, failure to meet the educational requirements of Membership or for any other reason that contravenes the legislation, regulations or CMMOTA Policies.
11.1.7. Cancelation of Membership:
11.1.7.1. A Member’s cancelation of Membership applies to all classes of Membership held with CMMOTA.
11.1.7.2. Upon cancelation, the Member shall be provided with a Notice of Cancelation specifying the reason(s) for the cancelation.
11.1.7.3. Upon cancelation, the Member’s benefits and privileges associated with Membership will immediately cease and terminate, and no refund of Membership Fees will be provided. This includes but is not limited to the Member’s authorization to use CMMOTA’s logo’s, trademarks, processes and intellectual property, as well as the Member’s representations, publications or advertisements claiming Membership or affiliation with the organization.
11.1.7.4. Membership may be canceled following the result of a criminal complaint, investigation, charge or conviction or following a CMMOTA Investigation, Complaint or Disciplinary Review process or Disciplinary Decision. Membership may also be canceled for non-payment of Fees in accordance with the CMMOTA Fee Schedule, failure to meet the educational requirements of Membership or for any other reason that contravenes the legislation, regulations or CMMOTA Policies.
11.1.7.5. If the conditions, requirements or timelines associated with the Member’s suspension are not met, or if the Member fails to adequately or reasonably cooperate or participate in the Complaint Review or Disciplinary Review processes, the Disciplinary Committee may cancel the Membership. Membership may also be canceled for non-payment of Fees in accordance with the CMMOTA Fee Schedule.
11.1.7.6. Upon cancelation of Membership, CMMOTA reserves the sole right and unfettered discretion to refuse future applications for any class of Membership by the Member.
11.1.8. Other Measures:
11.1.8.1. The Disciplinary Committee shall exercise such further and other disciplinary measures as may be reasonably appropriate to implement the mandates and principles contained in CMMOTA’s Mission Statement, Bylaws, Policies, Code of Ethics, Scopes of Practice and Standards of Practice.
12. DISCIPLINARY MEASURES SHALL NOT INCLUDE:
12.1. Disciplinary Measures shall not include monetary penalties or fines levied against the Members.
Original Date of Policy Adoption: September 20, 2024
Date of Last Policy Revision: January 28, 2026
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