IN THE MATTER OF THE HEALTH PROFESSIONS ACT, R.S.A. 2000, c.h-7; AND IN THE MATTER OF A HEARING INTO THE CONDUCT OF ACSW Member, A MEMBER OF THE ALBERTA COLLEGE OF SOCIAL WORKERS; AND INTO THE MATTER OF A COMPLAINT BY COMPLAINANT INTO THE CONDUCT OF ACSW Member PURSUANT TO S. 77(a) OF THE HEALTH PROFESSIONS ACT REASONS FOR DECISION Pursuant to a public hearing held on April 7, 2014 at the Calgary offices of PARLEE McLAWS, the Alberta College of Social Workers Hearing Tribunal is issuing its reasons for decision. A hearing into the conduct of was held on April 7, 2014 pursuant to the Health Professions Act, R.S.A. 2000, c.h-7 as amended (the "Act"). CONSENT ORDER *The investigated member, provided a written admission of unprofessional conduct to the Hearing Tribunal dated February 24, 2014 pursuant to s. 70(1) of the Act. The Hearing Tribunal accepts all of the admission of the investigated member. The allegations in the Notice of Hearing arise from a complaint from COMPLAINANT, dated July 26, 2013. The allegations in the Notice of Hearing are as follows: 1. That in or about 2011 and 2013, you demonstrated inappropriate conduct by being absent, submitting inaccurate timesheets, failing to maintain an appropriate caseload and being inappropriately absent from your employment. 2. That in or about July of 2013, you inappropriately inputted two terms in the "alias" section of a client document. 3. That you harmed the integrity of COMPLAINANT by your inappropriate conduct. Such conduct contravenes s.9, 10, 52, 87, 101, and 134 of the Standards of Practice and value 4 of the Code of Ethics and in accordance with the Health Professions Act such conduct constitutes unprofessional conduct. Such further and other allegations of unprofessional conduct as may be heard at the hearing of this matter and upon which you shall be provided notice.
The hearing proceeded on April 7, 2014 after being rescheduled to accommodate Mr. ACSW Member. did not attend the hearing but sent an Agent to submit a signed Consent Order and Admission of Unprofessional Conduct. The Hearing Tribunal chose to proceed pursuant to s. 79 (6) (a) & (b) of the Health Professions Act. The Hearing Tribunal made decisions on motions as follows: Accepted the signed Consent Order dated February 24,2014 including the Background Facts; Findings of Unprofessional Conduct; Acknowledgement of Unprofessional Conduct; No Right to Appeal; and Orders as to Sanctions The Hearing Tribunal heard from the following witnesses at the Hearing: There were no witnesses. The following documents were accepted as Exhibits at the Hearing: 1. Notice of Hearing by the Hearing Tribunal of the Alberta College of Social Workers, dated January 13, 2014. 2. Notice to Attend dated January 13,2014. 3. Investigators Report 4. Affidavit of Personal Service, sworn on January 28, 2014. 5. Notice of Hearing by the Hearing Tribunal of the Alberta College of Social Workers dated March 10, 2014 for a Hearing set for April 7, 2014. 6. Amended Notice to Attend, dated March 10, 2014. 7. Affidavit of Service - sworn on March 10, 2014. 8. Admission of Unprofessional Conduct, dated February 24, 2014. 9. Consent Order, dated and signed by and witnessed February 24, 2014. 10. Affidavit of Crystal Jensen, sworn on April 4, 2014. General findings of fact: 1. Mr. ACSW Member has been a registered Social Worker with the ACSW since 2009. 2. Mr. ACSW Member was employed with COMPLAINANT. 3. Mr. ACSW Member received a suspension in or about July 2010 and a subsequent suspension in 2012 from his employer.
4. In July of 2013 Mr. ACSW Member inputted certain terms in the alias section of a client document. These terms were derogatory and inappropriate to the client. The entries on the document were not closely reviewed by the approving supervisor and became part of the permanent client record on ISIS. Ultimately the inappropriate entry was removed from the client file. 5. Mr. ACSW Member was terminated from his employment on July 26, 2013. He was ultimately given the opportunity to resign from his employment. The Hearing Tribunal accepted the Consent Order, including the member's Acknowledgment of Unprofessional Conduct. These were supported by the evidence submitted in the Investigators report. In his admission of unprofessional conduct Mr. ACSW Member stated that he accepted responsibility for his conduct pursuant to s.70 of the Health Professions Act. The Hearing Tribunal did not address the original three allegations of unprofessional conduct as outlined in the notice of hearing dated January 13, 2014. The Hearing Tribunal accepted the Consent Order signed by the member, and Bruce Llewellen on behalf of the Alberta College of Social Workers, and decided on the following two allegations: 1. That in or about July of 2013, Mr. ACSW Member inappropriately inputted two terms in the "alias" section of a client document. 2. That Mr. ACSW Member harmed the integrity of COMPLAINANT by his inappropriate conduct. The Hearing Tribunal believes that the actions and conduct of Mr. ACSW Member as they relate to these allegations does constitute unprofessional conduct. The facts relating to each finding are as follows: 1. That in July of 2013, Mr. ACSW Member inputted certain terms in the alias section of a client document. That these terms were derogatory and inappropriate to the client. 2. Mr. ACSW Member received a suspension in or about July 2010 and a subsequent suspension in 2012 from his employer. Mr. ACSW Member was terminated from his employment on July 26, 2013. The Healing Tribunal accepts the admission of unprofessional conduct by Ms. ACSW Member. Further, the evidence submitted in the Investigator's Report regarding the reasons that Mr. ACSW Member was suspended and ended his relationship with his Employer were related to his poor judgment, unprofessional conduct and harm to the integrity of COMPLAINANT. In the first instance of suspension, while representing the Employer at a public function on June 23, 2012, the member became impaired and was criminally charged with impaired driving. In a letter hand delivered to Mr. ACSW Member, the then Senior Manager, informed him that "These charges have impacted the Ministry's interests, have put into question your professional judgment and have also compromised your ability to perform your role within the Ministry".
The events that led to Mr. ACSW Member receiving a second suspension by his Employer again related to conducting himself in an unprofessional manner and putting into question his professional judgement. Finally, the events that led to Mr. ACSW Member being terminated by his Employer, namely the inputting of certain terms in the alias section of a clients document, were again examples of unprofessional conduct and the exercise of poor professional judgment, which compromised the integrity of COMPLAINANT and the profession of social work. Such conduct contravenes s 9, 10, 52, 87, 101 and 134 of the Standards of Practice, 2007 and value 4 of the Code of Ethics and in accordance with the Health Professions Act such conduct constitutes unprofessional conduct. REASONS FOR DECISION ON SANCTION As a result of the findings of the Hearing Tribunal with respect to allegations of unprofessional conduct, the Hearing Tribunal makes the following orders in accordance with s. 82 of the Act. 1. A Reprimand shall be issued as against Mr. ACSW Member. 2. Mr. ACSW Member's social work practice shall be subject to supervision for a period of one (1) year from the date of this Order, the costs of which will be the responsibility of Mr. ACSW Member. This supervision shall commence once Mr. ACSW Member returns to the practice of social work. The supervisor shall be agreed to by Mr. ACSW Member and ACSW ( and may be within the employment context) and the ACSW shall be provided with such reporting from the supervisor as the ACSW deems necessary, at least quarterly in writing. 3. Mr. ACSW Member shall be required to undertake four (4) consultations with the senior RSW with expertise in professional responsibility and ethics as approved by the ACSW. The costs of these consultations shall be the responsibility of Mr. ACSW Member. These consultations may commence at any time from the date of this Order but must be completed within one (1) year. The ACSW shall be entitled to any such reporting as it deems necessary from time to time. 4. Mr. ACSW Member shall provide to the ACSW prior the commencement of any employment in the practice of social work, verification by a medical or mental health practitioner that he is well enough to continue in the practice of social work. The cost of this health verification shall be that of Mr. ACSW Member. 5. Mr. ACSW Member shall pay costs of this matter in the sum of $500.00 within one (1) year from the date of this Order. 6. There shall be publication of this Order on a "no names" basis on the ACSW website. The Hearing Tribunal makes its orders as set out above on the basis of the following reasons. 1. The Hearing Tribunal in its responsibility to protect the public supports a reprimand of the Member. As highlighted in Value 4 of the Code of Ethics which speaks to the importance of
integrity in Professional Practice and specifically the principle that Social Workers demonstrate and promote the qualities of honesty, reliability, impartiality and diligence in Professional Practice, it is appropriate to reprimand Mr. ACSW Member. In fact the Hearing Tribunal is concerned that Mr. ACSW Member's conduct could, if not addressed, contribute to a culture that is disrespectful to clients and his professional peers and which contravenes s. 87 and 101 of the Standards of Practice, 2007. 2. The Hearing Tribunal believes that this sanction will allow for rehabilitation of the member in order that he may resume practice in a competent manner. Consideration was given to his level of experience, age acceptance of responsibility and the seriousness of the professional misconduct. The Hearing Tribunal does feel that Mr. ACSW Member did contravene s. 134 and 117 of the Standards of Practice which states that a social worker will not act in a manner that may reduce the public trust in social work and social workers. By his own admission of unprofessional conduct he acknowledged that he did undermine the integrity of COMPLAINANT and the Tribunal would say the Social Work Profession. 3. The Hearing Tribunal with intent of supporting rehabilitation applies this sanction to assist Mr. ACSW Member, upon return to the profession, to engage in ethical professional practice. The Hearing Tribunal is mindful of both the member's lack of experience and the possibility that he lacked appropriate mentorship as a professional as to ethical conduct. The contravention of s. 9 and 10 of the Standards of Practice, 2007 represents serious professional misconduct as it undermines the integrity to the profession. The Hearing Tribunal in accepting the acknowledgement of Mr. ACSW Member of unprofessional conduct are also that this sanction will act as a deterrence both for him in his future practice but other members of the profession. 4. The Hearing Tribunal makes the sanction based on Mr. ACSW Member's acknowledgment in documents submitted that he has a history of substance abuse. The objective of this sanction is both the protection of the public and ensuring that the member is honest, competent and ethical in his practice but also to support his rehabilitation so that he may resume practice in healthy state of mind and body. The sanction intends to address the risk of impaired ability to perform as outlined in s. 117,118, and 119 of the Standards of Practice, 2007. 5. The Hearing Tribunal issues this sanction on the basis that it is fair, insomuch as this fine is comparable to that on another member in similar circumstances and acts as deterrence to the member and other members of the profession. 6. The Hearing Tribunal makes this sanction to act as a deterrent for the member regarding future unprofessional conduct but also other members of the profession. Factors considered were that the acceptance of responsibility, as well as the age and experience level of the member. Final Comments: In considering the evidence submitted related to the setting and re-setting of Hearing dates, Mr. ACSW Member's obligation to attend the Hearing as mandated in the Health Professions Act, and his absence at the Hearing on a date that he had agreed to, the Hearing Tribunal has concerns about his professional judgment.