Purpose:
• To provide guidance to administration in conducting a Formal Review where a Vulnerable Sector Check provided by a membership applicant provides information which would place the applicant in violation of CMMOTA Bylaw 3.6.2.4., 3.6.2.5., 3.6.2.6., or 3.6.2.8..
Policy:
1. The formal review process shall be carried out by the Executive Director, the President of the Board of Directors and a second member of the Board appointed by the Board, which herein after shall be referred to as the Review Committee.
2. Where criminal charges have been laid against the membership applicant, and the matter has not yet been resolved in the courts, the Review Committee shall place the application on hold until such time as the charges have been resolved, and a decision on membership eligibility can be made.
3. The Review Committee shall review the documents which have been provided to the Association and shall determine whether either of the following criteria are met to make a membership applicant ineligible for membership:
a. Whether a conviction for a violent or sexual offense has occurred that would warrant a risk to the public if the applicant were allowed to practice.
b. Whether a conviction of any other criminal code offense under the criminal code warrants a risk to the public if the applicant were allowed to practice.
4. The Review Committee may take into consideration the amount of time that has passed since the conviction, the nature of the conviction, and the potential for the applicant to re-offend.
5. Where either 3.a. or 3.b. are deemed to have been met, the applicant shall be deemed ineligible for membership.
6. The Review Committee may request more information from the applicant in order to render a decision where it is not clear if 3.a. or 3.b. have been met.
7. If the Review Committee is satisfied that there is no risk to the public if the applicant were allowed to practice, then the applicant shall be deemed as eligible, and the processing of the application may proceed.
8. Decisions on eligibility made by the Review Committee shall be final.
9. If the applicant is deemed to be ineligible for membership, they shall be informed that their application was denied and that they are not eligible to re-apply.
Original Date of Policy Adoption: May 30, 2024
Date of Last Policy Revision:
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