Our Experience

In 2022, Carley Reynolds of Donich Law represented a Registered Early Childhood Educator accused of assault in Case No. 5****. The allegation was made after a young child was pulled by the arm by the Member, causing the child to lose balance and hit her head. As a result of the allegation, the client was fired from her job at a daycare and subsequently investigated by the College. As a student in the licensing process, the accused was not yet a fully licensed RECE. The Firm resolved the matter, avoiding the client’s name being placed in the blue pages on the College website.

Who Regulates Early Childhood Educators in Ontario?

In Ontario, the College of Registered Early Childhood Educators (RECE) serves as the regulatory body that is responsible for overseeing and regulating the practice of early childhood educators. As a highly significant profession that is committed to the development and care of young children, it is essential that early childhood educators are properly educated, licensed, and held accountable to guarantee the safety and well-being of the children under their care. The College plays an indispensable role in setting and enforcing professional standards. This encompasses the requirements for registration, ethical conduct, and continuous professional learning. Registered Early Childhood Educators (RECEs) work in a number of different settings, such as kindergartens, childcare centres, family support programs, and recreational programs, and their practice is highly important in terms of fostering a nurturing and educational environment for children.

What Responsibilities Do Employers Have Regarding RECEs?

Employers of Registered Early Childhood Educators have special responsibilities under the Early Childhood Educators Act, 2007. If a RECE is terminated, suspended, or resigns for reasons related to professional misconduct, incompetence, or incapacity, the employer must notify the College. Employers are also required to notify any reasonable suspicion that a RECE has committed professional misconduct or poses a risk to minors. This contains cases in which a RECE is charged or convicted of a sexual offence involving kids. The Mandatory Employer Report must include a complete account of the incident, including dates, locations, and persons involved, as well as any efforts made to rectify the issue and supporting documentation. The report may be sent to the College by fax, mail, or e-mail

Who Is Qualified to Practice as an Early Childhood Educator?

To legally practice as an early childhood educator in Ontario, the individual must be registered with the College of Registered Early Childhood Educators and possess something called a General Certificate of Registration. This certification ensures that the individual has met the educational and professional requirements necessary to provide high-quality care and education to children. Additionally, individuals working under the supervision of a registered early childhood educator or those registered with the Royal College of Dental Surgeons of Ontario (RCDSO) may also be involved in early childhood education settings. Practicing without proper registration or supervision is a serious offense that can result in significant penalties. Penalties might include ordering them to pay monetary fines and disciplinary actions.

How Does the CRECE Ensure Public Safety and Professionalism?

The College of Registered Early Childhood Educators is responsible for safeguarding the public interest by regulating the practice of early childhood education. This includes creating admission qualifications for the profession, establishing ethical and professional standards, and implementing continuous professional learning programs to ensure that RECEs are competent and up-to-date in regard to current best practices. In addition, the College has a public registry that lists all current and previous members, ensuring openness. This allows parents and the public to verify the credentials of early childhood educators. In addition, the College is in charge of handling complaints and managing the disciplinary procedure in cases of professional misconduct, incompetence, or incapacity.

Professional Regulation in Canada

Donich Law - Assault Punishments

What Happens When a Complaint Is Filed Against an RECE?

When a formal complaint is filed against a Registered Early Childhood Educator, the College’s Inquiries, Complaints, and Reports Committee (ICRC) reviews and investigates the case. Complaints can be filed using the Complaint Intake Form, which is available on the College’s website. They should include full information about the occurrence, the nature of the connection with the RECE, and any relevant documentation that could prove the case. When the College receives a complaint, it will contact the RECE and provide them with a copy of the complaint. The ICRC will next evaluate the complaint and determine the best course of action, which might involve dismissing the complaint, issuing a formal warning, or referring the case to the Discipline Committee for allegations that are more on the serious side.

What Are the Possible Outcomes of a Discipline Hearing?

If the ICRC refers a complaint to the Discipline Committee, a formal hearing may take place. Discipline hearings are frequently held in cases involving claims of professional misconduct, incompetence, or other serious violations of professional norms. These public hearings include a detailed evaluation of the material, as well as testimony from witnesses. The Discipline Committee consists of elected and appointed Council members who deliberate on complaints and establish suitable disciplinary measures.

If the RECE is found guilty of professional misconduct or incompetence, the Committee may revoke the educator’s Certificate of Registration, suspend their registration for up to 24 months, impose specific terms or conditions on their practice, reprimand or counsel the RECE, or impose a fine of up to $2,000. In certain circumstances where the complaint is about the RECE’s fitness to practice due to medical or mental health difficulties, the subject will be sent to the Fitness to Practice Committee, which will determine whether the educator is fit to fulfill their professional obligations.

Understanding Workplace Investigations

What Types of Misconduct Can Lead to a Complaint?

Registered Early Childhood Educators are held to high standards of conduct as a result of the vulnerable nature of the children they serve. A wide range of actions or omissions can lead to a complaint being filed against an RECE. Some instances might include failing to adequately supervise a child, engaging in any form of abuse (physical, verbal, emotional, or psychological), working while under the influence of substances, failing to maintain the standards of the profession, and improperly disclosing confidential or sensitive information about a child to unauthorized individuals. Additionally, providing falsified information to the College or other parties regarding professional qualifications can also constitute professional misconduct.

An RECE who is working while under the influence of alcohol might be investigated, as one example. Another example might be an RECE who “spanks” the children under their supervision.

How Should an RECE Respond to a Formal Complaint?

Receiving a formal complaint can seriously impact a RECE’s ability to practice. Although RECEs are not required to have legal representation when responding to a complaint, seeking legal assistance is strongly advised. The RECE should exercise caution when preparing a response because stating the wrong thing could result in serious legal and professional consequences for the RECE.

The most effective defence approach will be determined by the specific claims and circumstances of the case. In certain cases, the claims may be unsubstantiated or may not fulfill the standards for professional misconduct. In such circumstances, the RECE may argue that they did not breach the Early Childhood Educators Act, 2007, or the College’s Code of Ethics and Standards. Regardless of the circumstances, it is highly significant to get legal counsel as fast as possible to guarantee the best possible outcome. Our firm can provide you with legal assistance throughout the process, from writing a response to representing the educator in disciplinary procedures and legal repercussions for the RECE.

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Recent Law

College of Early Childhood Educators v Ariana Alissa Anger, 2021 ONCECE 5

This case involves a severe instance of professional misconduct by A.A., a Registered Early Childhood Educator (RECE) at a Toronto children’s academy. In 2019, A.A. and a coworker were in charge of overseeing a group of nine preschool children. A.A. did not properly conduct a headcount when moving children from one playground to another, leaving a 2½-year-old kid unattended for 35 minutes. The child was later discovered crying, with dirt on their face.

The College’s Discipline Committee ruled that A.A.’s activities breached numerous professional norms, including inadequate child supervision, failing to uphold the profession’s standards, and engaging in shameful and unprofessional behaviour. A.A. admitted to the misconduct, prompting the Committee to suspend her registration for six months. A.A. was also compelled to participate in a mentorship program upon starting employment as a RECE to address the problems raised in her professional conduct, and she additionally ordered to pay $1,000 in monetary fees to the College.

College of Early Childhood Educators v. Sarah Ashley Walton, 2019 ONCECE 10

In the case of College of Early Childhood Educators v. S.W., the Member, S.W., was an Early Childhood Educator who faced disciplinary action for failing to adequately supervise a 2-year-old child under her care at a daycare centre. On November 24, 2016, while supervising a group of preschool children, S.W. failed to conduct a proper headcount before leaving the daycare’s yard to visit a local post office. As a result, the child was left unsupervised, exited the yard, and was later found crying by a passerby. The child was returned to the group after approximately 15 minutes, during which time S.W. had not noticed the child’s absence.

The Discipline Committee of the College found S.W. to have committed professional misconduct. They pointed to her failure to maintain the standards of the profession, such as ensuring a safe learning environment and properly supervising the children under her care. As a result, S.W.’s registration was suspended for five months, and she was required to participate in a mentorship program to address her professional conduct. Additionally, S.W. was ordered to pay $1,000 in costs to the College. This case shows how important it is to be vigilant and adhere to professional standards in the practice of early childhood education.

College of Early Childhood Educators v Leslie Nicole Raybon, 2021 ONCECE 2

In this case, an Early Childhood Educator was disciplined following an incident in 2019, at a childcare centre in Ontario. L.R. was in charge of supervisinga group of five toddlers and preschool-aged children when she displayed aggressive physical behaviour toward a three-year-old child. During lunchtime, L.R. confined the child, covered his head with a blanket, and yelled at him as he struggled, sobbed, and screamed for his mother. This behaviour was interpreted as both physical and emotional abuse.

The College’s Discipline Committee convicted L.R. of professional misconduct. L.R.’s behaviour violated multiple professional norms, including failing to provide a safe and supportive atmosphere and participating in conduct that was considered degrading and unprofessional. As a result, the Discipline Committee suspended her registration for nine months and required her to take anger management courses. L.R. was also compelled to establish a mentorship relationship upon resuming her job and pay $1,000 in fees to the College. This example demonstrates the need of maintaining professionalism and appropriate conduct in early childhood education.

About the Author

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Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes and is a member of DMZ Angels in Toronto.