Anyone charged with sexual assault will initially worry about the penalties an Ontario court might impose if the charges lead to a conviction. As the potential legal severity of their situation sets in, most alleged offenders realize that the impact of the allegations extends far beyond any judicial sentencing. Their reputation, personal relationships, employment, and other aspects of their lives can be upended, even if they’re innocent and the charges are dismissed or result in acquittal.
Regarding employment impacts, those licensed by a regulated profession are most at risk. Of the more than 100 regulated professions and compulsory trades in Ontario, all can suspend a member’s license on an interim basis due to allegations of sexual assault. If the charges result in a conviction, many licensing boards will revoke a member’s license or certificate to practice their profession, some may face a lifetime ban. Regulated professions can also impose other penalties on their members, whether based on initial sexual assault charges or an ultimate conviction.
While a criminal defence lawyer can help defend a client from the legal consequences, there’s little they can directly do to mitigate sexual assault professional license consequences. Let’s take a closer look at the intersection between professional licensing boards and sexual assault allegations.
Of the 100-plus licensed professions in Ontario, all of their professional organizations have the right — and sometimes mandate — to penalize their members for misconduct, including alleged sexual assault and arrests for the offence. A given professional organization’s reaction to a member’s sexual assault charges is based on protecting the public (i.e., anyone who interacts with the licensed professional), maintaining trust in the profession, and upholding the profession’s integrity and ethical standards. Their reaction can also be based on the type and severity of the alleged sexual assault charges, as well as whether the charges lead to a conviction.
In the interest of public safety, regulated health, education, and legal professions are most prone to impose interim license suspensions on members charged with any form of sexual assault. Licensed engineers, architects, accountants, and similar professionals are less likely to face interim license suspensions based on public safety concerns. However, charges that threaten impacts on the profession’s trust and ethical standards can lead to them. Regulated skilled trades organizations do not typically impose interim license suspensions on members charged with sexual assault.
A licensed professional convicted of sexual assault faces further hurdles to their continued licensing. By law, regulated health professions impose mandatory revocation of their members’ licenses for a minimum of five years if convicted of sexual assault charges.
With a zero-tolerance policy for sexual misconduct, the Ontario College of Teachers revokes teaching licenses of those convicted of sexual assault, with the imposition of lifetime teaching bans for some offenders based on the severity of their crimes and/or interaction with children.
The Law Society of Ontario does not have strict, mandatory revocation protocols for sexual assault convictions. However, disbarment is the most common penalty for those convicted of serious offences like sexual misconduct. Other professions also take a more discretionary, case-by-case approach to sexual assault convictions, with license revocation often imposed on their convicted members.
Professional regulatory bodies have other options in place of, beyond, or in conjunction with license revocation to penalize members convicted of sexual assault. Depending on the profession, additional penalties may be imposed in the interest of public protection, deterrence, rehabilitation, and accountability. Other penalties include:
Sexual assault defence lawyers cannot prevent a professional organization from initiating an investigation and/or imposing an interim license suspension on members accused of sexual assault. However, an effective defence that leads to dismissed charges, an acquittal, or another favourable outcome may go a long way towards preventing further damage to the member’s professional standing with the organization and their careers.
If Ontario Police have charged you with sexual assault, seek legal advice as soon as possible to limit the damage the allegations can have on your professional life.
In the Greater Toronto Area, contact the legal experts at Mass Tsang for a confidential consultation.
A: Yes, all professional licensing bodies in the province have the discretion to suspend a license on an interim basis if the alleged offence suggests a threat to public safety, compromises the member’s fitness to continue practicing their profession, or harms public confidence in the profession.
A: In Ontario, there are no statutory requirements that an employee has to self-report their arrest to employers. However, many regulated professions require their licensed members to report the offence to the organization and mandate disciplinary penalties for non-compliance.
A: The impacts of professional license revocation vary widely among professions, and professional organizations have broad discretion in handing down revocation terms. Depending on the profession and the offence, license revocation terms can range from a few years to a lifetime ban, during which time you cannot practice in your profession. Even if able to get relicensed after revocation, the record of it remains public, which can make re-entering the field challenging.
A: Sexual assault allegations can severely damage one’s career in a regulated profession, and perhaps end it, even if the criminal charges are dropped or lead to an acquittal. Many professional organizations in Ontario conduct their own investigations into alleged misconduct, typically applying a “balance of probabilities” standard to determine culpability. Even before having one’s “day in court,” a regulated professional may face interim license revocation and an investigation that may determine that professional misconduct occurred, even if not convicted. Combined with the damage to your reputation, the allegations alone can make it difficult to work in, let alone succeed at, your professional field.
A: Depending on the professional organization, there may be some limited privacy protections for professionals under investigation by their organizations. Professional organizations typically publicize interim suspensions, formal hearing decisions, and licence revocations.
A: All regulated professions in Ontario offer members some form of appeals processing in licensing decisions. Under provincial statutes, appeals can reach the judicial review level.
