The Danger of Deceit: A cautionary tale of untruths and ungovernability

For regulated professionals, ethical and professional standards are more than guidelines—they are foundational obligations.  Compliance with one’s regulatory requirements and one’s regulator is also part of the privilege of being a regulated professional.

The recent case, College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario v. Jayatunge[1] underscores what can happen when these standards are disregarded. This case serves as an example of how deceit and failure to comply with regulatory obligations can lead to severe disciplinary action, including the revocation of a certificate of registration.

Background

In 2019, a complaint was made about social media posts made by the  Registrant.  The College’s Inquiries, Complaints, and Reports Committee (ICRC) required the Registrant to complete a course in ethics and boundaries and issued a caution. The Health Professions Appeal and Review Board (HPARB) later confirmed this decision.

While this should have been the end of the story, the situation escalated dramatically. In December 2020, a College employee involved in the initial complaint began receiving emails ostensibly from a freelance journalist with concerns related to the complaint. The employee never spoke with this journalist. Shortly thereafter, the registrant accused the College employee of leaking confidential information and holding negative views about the 2SLGBTQIA+ community.

In 2022, the College received multiple emails and voicemails, echoing these accusations. Upon investigation of the origin of the emails, including the senders’ IP addresses, the Registrant was referred to the Discipline Committee of the College.  The allegations included that the registrant assumed false identities and made false accusations about the College employee, and continued to do so even after receiving a cease-and-desist letter.

The Decision

The Registrant did not attend the hearing.  Ultimately, the Discipline Committee found the Registrant committed professional misconduct by engaging in the three behaviours:

1.      contravening a standard of practice of the profession and standards of the College (including the Standard on Accepting the Regulatory Authority of the College);

2.      engaging in disgraceful, dishonourable or unprofessional conduct; and

3.      engaging in conduct unbecoming a member of the profession.

In determining the appropriate penalty for this conduct, the Discipline Committee found that the Registrant’s refusal to engage in the process—ignoring all correspondence, failing to attend hearings, and not fulfilling previous orders—demonstrated a clear unwillingness to be governed by the College. The Discipline Committee emphasized the importance of a penalty that demonstrates to the public that the profession can and does properly address misconduct and regulates registrants successfully.

The Registrant’s behavior, in the Discipline Committee’s view, clearly met the definition of “ungovernable,” meaning that he was unwilling or unable to comply with the professional and regulatory standards expected of him.  Consistent with other cases, the Discipline Committee felt that by ignoring College communications, not participating in these proceedings, and repetitively making false accusations with false identities, demonstrated he was ungovernable.

Ultimately, the Discipline Committee found that such conduct warranted the revocation of the Registrant’s certificate of registration. 

Takeaways

This case highlights several critical points for all regulated professionals:

1.      Commit to Transparency and Integrity: In regulated professions, honesty isn’t just a virtue—it’s a necessity. Any form of dishonesty or false accusations erodes trust, both with clients and regulatory bodies. Upholding transparency and integrity fosters trust with the public and ensures that professionals meet the ethical standards that form the foundation of the field.

2.      Engage in the Process: Ignoring one’s regulator, failing to complete remedial actions, or failing to engage in a discipline process only compounds the issue and signals to the College a refusal to be held accountable.

3.      Understand the Seriousness of Ungovernability: A finding of ungovernability is severe, often leading to the revocation of one’s professional status. This status typically reflects repeated disregard for professional obligations and a failure to cooperate with oversight processes.

4.      Seek Legal Guidance: If you are uncertain about your responsibilities or have faced allegations, consult a lawyer early. Proactive guidance can prevent small issues from snowballing into major disciplinary actions. Registrants of regulated professions must carefully understand and follow their obligations and responsibilities as a member, or they risk being found ‘ungovernable.’ Contravening these obligations, as well as ignoring communications from a regulator and not participating in discipline proceedings may compound resulting in such a finding and the loss of one’s ability to practise their profession.

If you are a registrant of a regulated profession unsure about, or have contravened, your obligations and responsibilities, feel free to contact us.

 [1] 2024 ONRPDT 8.