discipline comment

When to Comment on Potential Discipline Matters February 2003Policy PrefaceThis policy was approved by council in February 2003.BackgroundHistorically, the Association of British Columbia Professional Foresters has maintained a policy that it would not comment on matters that may or may not be in front of disciplinary processes. Part of the rationale for this policy is rooted in the strongly-held presumption of innocence that anchors our legal system. The presumption of innocence is one that normally only applies to criminal and not civil matters. Professional regulatory matters—in which a person’s livelihood and professional reputation may be at stake—fall somewhere between criminal and civil standards of proof and process, hence the need for more than the civil protections such as a presumption of innocence and confidentiality through the investigatory stages.A mere pronouncement that the professional governing body is looking into the practice of member X, or acknowledging that a complaint has been laid against member X, places that member under a cloud of suspicion, subjects that member to tremendous stress, and can be have serious adverse consequences on a person’s career and personal life; all before a case has been proven or disproven through investigation and hearing.The association must also take care not to place itself in a position of potential civil liability for imprudently speaking out on a matter before due process has ...