1. Purpose
1.1. The Canadian Massage and Manual Osteopathic Therapists Association (“CMMOTA”) Bylaws, Policies, Code of Ethics, Scopes of Practice, Standards of Practice, and Mission Statement form the baseline for this Policy.
1.2. This Discipline for Complaints Policy (the “Policy”) provides a review process for Member complaints. A complaint regarding the behavior or performance of a member may be provided to the organization by a third party, or advanced by CMMOTA administration.
1.3. The Policy also provides a structured corrective action process designed to improve and prevent the recurrence of undesirable Member performance or behavior. The ultimate objective of progressive discipline is to resolve complaints, correct conduct problems and resolve performance issues at an early stage.
1.4. The progressive disciplinary process addresses incompetence or misconduct by a member. Incompetence involves neglect due to a lack of skills and knowledge of expectations, whereas misconduct involves neglect despite having the requisite skills and knowledge of expectations.
2. Policy Objectives
2.1. The objectives of this Policy are to provide:
2.1.1. A transparent and fair complaint management and disciplinary process that is consistently applied to all unregulated Members;
2.1.2. Clear communication of the issues, consequences and expectations to the Members; and
2.1.3. An opportunity to rectify or improve Member behavior or performance, if required and appropriate.
2.2. CMMOTA reserves the right to combine or skip steps of the processes depending on the facts of each situation and the nature of the complaint, behavior or performance issue.
3. Scope of Policy
3.1. This Policy applies to the following classes of membership with CMMOTA:
3.1.1. Full Massage Therapists
3.1.2. Full Manual Osteopathic Therapists
3.1.3. Associate Massage Therapists
3.1.4. Spa Therapists
3.1.5. Student Massage Therapists
3.1.6. Student Manual Osteopathic Therapists
3.1.7. Inactive Massage Therapists
3.1.8. Inactive Manual Osteopathic Therapists
3.1.9. Member Emeritus
3.2. Registered Massage Therapist members are governed by the disciplinary processes of their respective regulatory bodies in the jurisdiction in which they practice. As such any complainant seeking to file a complaint with CMMOTA regarding a member within this membership class would be referred to that respective regulatory body.
4. Delegation of Authority
4.1. In accordance with s.3.6.2. of the Bylaws, the Board of Directors delegates it’s authority to the Executive Director and the Disciplinary Committee to impose disciplinary measures in accordance with item 6 of this policy and to suspend or cancel a person’s membership in response to a complaint which has been laid against a member, in accordance with the steps provided in this policy.
5. Complaint Management Process
5.1. The Disciplinary Committee shall be comprised of a Chair and Members, as may be designated or appointed by the Board of Directors in accordance with s. 4.8.1 and s.4.8.2 of the Bylaws.
5.1.1. No complaint will be investigated, nor discipline imposed if the Membership has already been cancelled or withdrawn. Such complaints will be noted in the Member’s file but will not be investigated. CMMOTA reserves the right to decline future Membership when a Membership has been previously cancelled or withdrawn.
5.2. Conduct Justifying a Complaint
5.2.1. Any person or organization may make a complaint against a Member regarding the behavior or performance of a Member that:
5.2.1.1. violates any provision in the Code of Ethics, Standards of Practice, Bylaws, Policies or Procedures (“CMMOTA Policies”);
5.2.1.2. harms or tends to harm the standing of CMMOTA or the profession generally;
5.2.1.3. is detrimental to the best interests of the public; or
5.2.1.4. displays a lack of knowledge, skill, or judgment in the practice of the profession.
5.2.2. Despite not having received a complaint from a person or organization, or if a complaint is withdrawn, where the Executive Director has reasonable grounds to believe that a Member has engaged in conduct that violates the CMMOTA Bylaws, Policies, Code of Ethics, Scopes of Practice, or Standards of Practice, the Executive Director may advance a complaint against the Member.
5.2.3. If, during a disciplinary hearing, the evidence proves the Member may have engaged in incompetence or misconduct that is different from or in addition to the incompetence or misconduct specified in the complaint, the Disciplinary Committee shall provide adequate adjournments to accommodate additional disclosure and written submissions by all parties, unless the Member consents to continue with the hearing.
5.3. Resolution Process for Informal or Verbal Complaint
5.3.1. Within 10 business days from receipt of an informal or verbal complaint involving a CMMOTA Member, the Executive Director shall forward the matter to the Chair of the Disciplinary Committee and a notation of the verbal complaint will be maintained on the Member’s file.
5.3.2. 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 the complaint, in writing, using the prescribed CMMOTA Complaint Form.
5.4. Resolution Procedure for a Formal Complaint
5.4.1. Where, in the opinion of the Executive Director, a formal complaint is deemed to be trivial, frivolous, or vexatious in nature, the Executive Director may summarily dismiss the complaint, informing the complainant of their decision to the last known email or mailing address of the complainant and the member.
5.4.2. Where a complaint is not dismissed under 5.4.1., within 10 business days of the receipt of a CMMOTA Complaint Form involving a member, the Executive Director may engage an independent investigator to complete an investigation into the complaint.
5.4.3. Where a complaint is not dismissed under 5.4.1. within 10 business days from receipt of a CMMOTA Complaint Form involving a Member, CMMOTA will provide the Member with the following information via the last known e-mail or mailing address:
5.4.3.1. A copy of the CMMOTA Complaint Form;
5.4.3.2. A copy of the CMMOTA Bylaws and any relevant policies and procedures;
5.4.3.3. Confirmation of the CMMOTA Policy the Complainant alleges was breached by the Member;
5.4.3.4. Reasonable particulars of the contravention alleged;
5.4.3.5. Options for resolution;
5.4.3.6. An explanation of potential consequences if the complaint is found to be valid;
5.4.3.7. A Member Complaints Consent Form to be signed by the Member;
5.4.3.8. A request for a written response to the complaint within 20 business days from the date notice was sent to the Member; and
5.4.3.9. Any other information or documents relevant to the complaint against the Member.
5.4.4. Within 20 business days from the Member being sent the information outlined in paragraph 5.4.3 above, the Member must return the Member Complaints Consent Form and provide any relevant documents and information, including a written response to the complaint, and:
5.4.4.1. If the complaint involves a Member who is on the Board of Directors or a CMMOTA Committee, the Member shall be suspended from the Board and such Committee(s) pending the outcome of the complaint or disciplinary process;
5.4.4.2. If a Member of the Disciplinary Committee, the Investigator, the Executive Director has a conflict of interest or may be biased, such party shall be excused from the complaint and/or disciplinary processes;
5.4.4.3. If the nature of the complaint may pose a danger to the public or the reputation of the organization, or if the complaint involves criminal charges that have been filed against the Member, the Executive Director may exercise its discretion to immediately suspend the Member and delay disciplinary proceedings pending the conclusion of any court proceedings;
5.4.4.4. If the Member is acquitted or the criminal charges against the Member are withdrawn, all written records related to the incident for which the Member was acquitted or charges were withdrawn will be expunged from the Member’s file, and Membership will be reinstated;
5.4.4.5. If the Member is convicted of a violent or sexual offence, Membership shall be immediately cancelled, with no option for reinstatement;
5.4.4.6. If the Member is convicted of a criminal offence that in the opinion of the Disciplinary Committee would warrant a risk to the public if the Member were allowed to practice, Membership shall be immediately cancelled, with no option for reinstatement;
5.4.4.7. If a complaint against a Member involving allegations of a sexual nature is dismissed, the Disciplinary Committee may require the Member to attend education intended to avoid a similar occurrence in the future;
5.4.4.8. Failure by a Member to provide a written response within 20 business days of notification of the complaint will not prevent the matter from moving forward in the disciplinary process; and
5.4.4.9. Subject to paragraph 5.2.2. failure by the Complainant to cooperate with the complaints process may result in dismissal of the complaint, with all information and documents being expunged from the Member’s file.
5.5. Investigation Procedures
5.5.1. If engaged, the Investigator shall interview both parties and any witnesses, review all relevant records and information and may inspect the Member’s workplace;
5.5.2. Within the context of the investigation, the Investigator may request, examine and retain any confidential information, treatment records or documents related to the matter subject to investigation; and
5.5.3. Upon completion of the investigation, the Investigator will provide the Executive Director with an Investigation Report containing all information and documents related to the complaint, and a written summary of findings, which will then be forwarded to the Disciplinary Committee.
5.6. Disciplinary Committee Complaint Decision
5.6.1. Within 10 business days from receipt of the Investigation Report, the Disciplinary Committee shall provide the Executive Director with a Complaint Decision that either:
5.6.1.1. Dismisses the matter;
5.6.1.2. Refers the matter to mediation;
5.6.1.3. Refers the matter to a disciplinary hearing; or
5.6.1.4. Provides such other advice, recommendations or direction to the Member as the Disciplinary Committee deems necessary.
5.6.2. The Executive Director shall review, approve and sign the Complaint Decision of the Disciplinary Committee, and note the Complaint Decision in the Minutes of the Board of Directors Meeting. The Disciplinary Committee shall then provide a copy of the Complaint Decision to the Member and the Complainant via e-mail or regular mail. A copy of the Complaint Decision will be retained on the Member’s file.
5.7. Mediation
5.7.1. If it appears a complaint may be resolved through mediation, the Disciplinary Committee shall appoint a mediator, who may be a Member, to facilitate discussions between the Complainant and the Member.
5.7.2. 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.
5.7.3. If mediation is unsuccessful in resolving the complaint, the matter shall be referred back to the Disciplinary Committee, who shall proceed in accordance with paragraph 5.6
5.8. Disciplinary Hearing Process
5.8.1. The Disciplinary Committee shall, in its discretion, determine whether the disciplinary hearing can be adjudicated solely on the basis of written materials, or whether an oral hearing is required. If an oral hearing is directed, such hearing may proceed either via electronic means or in person, at the discretion of the Disciplinary Committee.
5.8.2. The Disciplinary Committee is not bound by the laws of evidence within the disciplinary hearing process and the procedures of the disciplinary hearing are intended to be flexible.
5.8.3. If the Disciplinary Committee determines that a disciplinary hearing is appropriate to adequately decide the matter, the Member will be forthwith required to pay the Discipline Hearing Fee (“Fee”) prescribed in the CMMOTA Fee Schedule within 15 business days. Such fee shall be refunded to the Member in the event the complaint is dismissed.
5.8.3.1. Failure by the member to pay the Fee within 15 business days may result in immediate suspension of their membership, at the discretion of the Disciplinary Committee.
5.8.3.2. Failure by the member to pay the Fee within 30 business days may result in immediate cancellation of their membership with no option for reinstatement, at the discretion of the Disciplinary Committee.
5.8.4. If the Disciplinary Committee proceeds with an oral hearing, within 10 business days from payment of the Fee by the Member, the Disciplinary Committee Chair shall set the matter for hearing and provide no less than 20 business days’ written notice to the Member and the Complainant of the hearing dates. Notice of the oral hearing shall contain the following information:
5.8.4.1. Date, time and place or means (electronic or in-person) for the disciplinary hearing;
5.8.4.2. A copy of the CMMOTA Complaint Form;
5.8.4.3. A copy of the CMMOTA Bylaws and any relevant policies and procedures;
5.8.4.4. Confirmation of the CMMOTA Policy the complaint alleges was breached by the Member;
5.8.4.5. Reasonable particulars of the contravention alleged;
5.8.4.6. Options for resolution;
5.8.4.7. An explanation of potential consequences if the complaint is found to be valid;
5.8.4.8. A copy of the Member’s written response to the complaint;
5.8.4.9. A copy of the Investigation Report;
5.8.4.10. Notice that each party may be represented by legal counsel, at their own expense;
5.8.4.11. Notice that the disciplinary hearing may be attended by legal counsel or a Member of the public in support of each party, any CMMOTA Member in good standing, and any other party deemed necessary to the hearing process by the Disciplinary Committee;
5.8.4.12. Notice of the deadline for the Member’s submission of any further written statements, information or documents relevant to the hearing, including witnesses testifying at the hearing;
5.8.4.13. Notice of the deadline for the Complainant’s submission of any further written statements, information or documents relevant to the hearing, including witnesses testifying at the hearing; and
5.8.4.14. Any further notices, requests for witnesses, information or documents deemed relevant to the hearing process by the Disciplinary Committee.
5.8.5. The Disciplinary Committee shall have the discretion to determine the manner, format 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.
5.8.6. CMMOTA is the sole party authorized to record any oral hearing proceedings. Without CMMOTA’s express consent, no recordings may be made of the proceedings.
5.8.7. If the Disciplinary Committee has a reasonable belief that the Complainant would experience significant emotional distress from 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 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.
5.8.8. If the Disciplinary Committee proceeds with a disciplinary hearing solely on the basis of written materials, within 10 business days from payment of the Fee by the Member, the Disciplinary Committee Chair shall provide notice of the hearing (in written format) to the Member and the Complainant. Notice of the hearing shall contain the following information:
5.8.8.1. A copy of the CMMOTA Complaint Form;
5.8.8.2. A copy of the CMMOTA Bylaws and any relevant policies and procedures;
5.8.8.3. Confirmation of the CMMOTA Policy the complaint alleges was breached by the Member;
5.8.8.4. Reasonable particulars of the contravention alleged;
5.8.8.5. Options for resolution;
5.8.8.6. An explanation of potential consequences if the complaint is found to be valid;
5.8.8.7. A copy of the Member’s written response to the complaint;
5.8.8.8. A copy of the Investigation Report;
5.8.8.9. Notice that each party may be represented by legal counsel, at their own expense;
5.8.8.10. Notice of the deadline for the Member’s submission of any further written statements, information or documents relevant to the disciplinary hearing;
5.8.8.11. Notice of the deadline for the Complainant’s submission of any further written statements, information or documents relevant to the disciplinary hearing; and
5.8.8.12. Any further notices, information or documents deemed relevant to the hearing process by the Disciplinary Committee.
5.8.9. If a Member fails to attend or participate in the oral disciplinary hearing, the Disciplinary Committee may, in the absence of reasonable extenuating circumstances:
5.8.9.1. Proceed in the absence of the Member; or
5.8.9.2. Immediately suspend the Member’s Membership; or
5.8.9.3. Terminate the Member’s Membership; or
5.8.9.4. Any other disciplinary measures deemed appropriate at the discretion of the Disciplinary Committee.
5.8.10. Subject to paragraph 5.2.2. if a Complainant fails to attend or participate in the oral disciplinary hearing, the Disciplinary Committee may, in the absence of reasonable extenuating circumstances, dismiss the complaint, with all information and documents being expunged from the Member’s file.
5.9. Disciplinary Decision
5.9.1. All deliberations of the Disciplinary Committee shall be privately conducted, with only the Disciplinary Committee Members present.
5.9.2. The Disciplinary Committee shall consider the following factors in deliberation of the Disciplinary Decision:
5.9.2.1. The experience of the Member involved;
5.9.2.2. The nature of the alleged incompetence or misconduct;
5.9.2.3. Any evidence that, in the reasonable opinion of the Committee, is reliable and relevant to the Disciplinary Decision;
5.9.2.4. Previous incompetence or misconduct of the Member;
5.9.2.5. Any evidence or information of efforts by the Member to mitigate the complaint; and
5.9.2.6. Any other factor that may be relevant to the complaint against the Member.
5.9.3. The Disciplinary Decision of the Disciplinary Committee shall specify:
5.9.3.1. Whether the complaint is dismissed or upheld;
5.9.3.2. The CMMOTA Policies contravened by the Member;
5.9.3.3. Reasons that explain the evidence, considerations and justification for the Disciplinary Decision;
5.9.3.4. Any disciplinary measures being imposed on the Member, including but not limited to suspension of Membership or termination;
5.9.3.5. Any warning as to future conduct and consequences, if appropriate;
5.9.3.6. Any requirements, conditions or restrictions the Member must satisfy to maintain Membership with CMMOTA, including but not limited to:
5.9.3.6.1. Discontinuing specific treatment procedures or modalities;
5.9.3.6.2. Practicing only under the supervision of another Member, as designated by the Disciplinary Committee;
5.9.3.6.3. Completing any upgrading, retraining or education within a specified timeframe; and
5.9.3.6.4. Any other reasonable requirement, condition or restriction the Disciplinary Committee deems reasonable;
5.9.3.7. Notice the Disciplinary Decision is not subject to appeal; and
5.9.3.8. Any other information the Disciplinary Committee deems relevant to the hearing.
5.9.4. Within 10 business days from the last day of the disciplinary hearing, the Chair of the Disciplinary Committee will provide written notice of whether the complaint is dismissed or upheld to the Member and the Complainant.
5.9.5. The Disciplinary Committee shall submit a written Disciplinary Decision to the Executive Director, including any disciplinary measures recommended for the Member, within 20 business days from the last day of the disciplinary hearing.
5.9.6. The Executive Director shall review, approve and sign the Disciplinary Decision of the Disciplinary Committee, and note the Disciplinary Decision in the Minutes of the Board of Directors Meeting. The Disciplinary Committee shall then provide a copy of the Disciplinary Decision to the Member and the Complainant via e-mail or regular mail.
5.9.7. The Disciplinary Decision may be published by CMMOTA once it has been reviewed and approved by the Executive Director, with a copy provided to the Member and Complainant. A copy will also be maintained on the Member’s file. 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, be kept confidential.
5.10. Failure to Comply with Complaint Decision or Disciplinary Decision
5.10.1. Failure by a Member to comply with a Complaint Decision or Disciplinary Decision will result in application of the progressive discipline process outlined in paragraphs 7 and 8 below.
6. Disciplinary Measures
6.1. Disciplinary measures may only be imposed on a member under the Authority of the Board of Directors.
6.2. Disciplinary measures may include any of the following:
6.2.1. Suspension of membership for a given period of time.
6.2.2. Cancellation of membership – lifetime ban, no chance of reinstatement.
6.2.3. Cancellation of membership – time period ban, with conditions for reinstatement.
6.2.4. Requirements for education. These must include:
6.2.4.1. A recommendation for course(s) that currently exist;
6.2.4.2. A requirement for minimum number of hours of education to be completed;
6.2.4.3. A date for education to be completed by.
6.2.5. Future site visits to ensure compliance. This must include:
6.2.5.1. The number of visits to be made;
6.2.5.2. The period of notice that will be provided before the site visit occurs;
6.2.5.3. The time frame for completion of the future site visits.
6.2.6. Any other measures that the Disciplinary Committee may determine.
6.3. Disciplinary measures may not include any of the following:
6.3.1. A monetary fine.
6.4. All disciplinary measures which require further action must include a maximum time frame for the actions to be completed by.
7. Guiding Principles of the Progressive Discipline Process
7.1. CMMOTA will apply a progressive discipline process to address concerns regarding Member behavior or performance that contravene the legislation, regulations, policies or procedures governing the organization and Membership.
7.2. Progressive discipline is a disciplinary process whereby the nature of disciplinary actions become more formal and severe as it progresses. In dealing with incompetence or misconduct, termination of Membership may be immediate depending upon the severity of the behavior or performance issue.
7.3. CMMOTA reserves the discretion to skip, combine or modify steps in the process depending upon the circumstances of each situation and the nature of the issue in question.
8. Progressive Disciplinary Process
8.1. Examples of Member behavior or performance issues that may initiate the progressive disciplinary process include, but are not limited to:
8.1.1. inadequate provision of services;
8.1.2. dishonest, unethical or illegal conduct;
8.1.3. contravention of the legislation, regulations, policies and procedures that apply to the Members and organization;
8.1.4. non-compliance with a Complaint Decision or Disciplinary Decision;
8.1.5. discriminatory, harassing, violent or abusive conduct; and
8.1.6. any behavior or performance issue that may bring disrepute to the reputation and integrity of CMMOTA, the Membership or the services provided by the Membership.
8.2. STEP 1: Verbal Reprimand
8.2.1. This first step provides an opportunity for CMMOTA to bring the complaint to the attention of the Member to gather and provide the following information:
8.2.1.1. the nature of the complaint;
8.2.1.2. the violation of the legislation, regulations, policies or procedures;
8.2.1.3. the expectations of the organization regarding Member conduct; and
8.2.1.4. the steps to be taken to rectify or resolve the behavior or performance issue; and
8.2.1.5. any other information relevant to the complaint.
8.2.2. Within 5 business days from meeting with the Member, the Chair of the Disciplinary Committee will provide a written record of the information discussed with the Member. The Member will be asked to sign this document to ensure his or her understanding of the issues and corrective action required. Such records will be placed on the Member’s file with CMMOTA.
8.2.3. Subsequent to meeting with the Member, the Member will have the opportunity to demonstrate improvement and CMMOTA may monitor performance and provide written confirmation when the issue has been rectified.
8.3. STEP 2: Written Reprimand
8.3.1. If the issue regarding Member behavior or performance is not rectified, formality of the process will increase. Discussions with the Member about behavior or performance issues will be documented, in writing, and retained on the Member’s file, with a copy provided to the Member. Such discussions may include review of:
8.3.1.1. additional incidents and information;
8.3.1.2. prior corrective action plans;
8.3.1.3. consequences for failure to meet expectations; and
8.3.1.4. any other information deemed relevant to the complaint.
8.3.2. A formal performance improvement plan (PIP) requiring the Member’s immediate and sustained corrective action will be issued within 5 business days after the Step 2 meeting. The PIP may contain a statement warning the Member of additional discipline, including termination of Membership, if immediate and sustained corrective action is not taken.
8.3.3. CMMOTA will work with and support the Member to define reasonable expectations, specify required improvements and establish timelines for completion.
8.4. STEP 3: Suspension of Membership
8.4.1. If the issue regarding Member behavior or performance is not rectified, Membership may be suspended upon written notice to the Member. Such notice shall specify the reason for the suspension, the improvements required and the timelines for completion.
8.4.2. The Membership of a Member may be suspended pending the results of an investigation if a complaint or conduct issue creates a potentially harmful or unsafe situation for the Member, CMMOTA or third parties.
8.4.3. Immediately upon suspension, the Member’s benefits and privileges associated with Membership will cease. This includes but is not limited to the Member’s use of CMMOTA’s logo’s, trademarks, processes and intellectual property, as well as the Member’s representation or advertisement of maintaining a valid Membership with the organization.
8.4.4. Membership may be restored to a Member if an investigation absolves the Member of wrongdoing, or the Member complies with the Complaint Decision and Disciplinary Decision.
8.5. STEP 4: Termination of Membership
8.5.1. The final and most serious step of the progressive discipline process is termination of Membership. Generally, CMMOTA will exercise the progressive nature of this policy by first providing verbal or written warnings or suspending a Member for a defined period of time
8.5.2. Membership may be immediately terminated without prior notice or disciplinary action to the Member in instances involving gross incompetence or misconduct, including illegal activity, theft, sexual assault, physical abuse, alcohol or drug abuse, insubordination, harassment, or an incident of a similar level of seriousness.
8.5.3. Failure or refusal to comply with this Policy by the Member are grounds for immediate termination of Membership.
8.5.4. CMMOTA has an obligation to report knowledge of criminal activity involving its members to the appropriate authorities.
9. Termination of Membership
9.1. In the event an individual’s Membership is terminated, CMMOTA will:
9.1.1. Cancel the Member’s benefits and privileges associated with Membership, without refund or compensation, including but not limited to the Member’s use of CMMOTA’s logo’s, trademarks, processes, websites, Membership lists and intellectual property, as well as the Member’s representation or advertisement of maintaining a valid Membership with CMMOTA;
9.1.2. Inform all relevant third parties of the cancellation of Membership;
9.1.3. Remove the Member’s name from the Membership Registry; and
9.1.4. Restrict future Membership or association with the organization, subject to majority approval of the Disciplinary Committee, in their sole and unfettered discretion; and
9.1.5. Take such further and other steps as may be reasonably required upon termination of the individual’s Membership.
Original Date of Policy Adoption: September 20, 2024
Date of Last Policy Revision:
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