Health care professionals, including dental assistants, hold a position of trust and of power over a patient, by virtue of having professional knowledge and skills that a patient must rely on for their well-being. As a result, they must maintain professional boundaries with their patients.
Because of this, any concern involving sexual abuse or sexual misconduct is taken extremely seriously. These complaints can be deeply personal and difficult to raise, and the College is committed to responding with care, sensitivity, and fairness.
What is sexual abuse and sexual misconduct
The Health Professions Act (HPA) sets out specific legal definitions for sexual abuse, sexual misconduct and sexual nature. These HPA definitions guide how the College assesses and responds to complaints of this nature.
Sexual abuse
Sexual abuse “means the threatened, attempted or actual conduct of a regulated member towards a patient that is of a sexual nature and includes any of the following conduct:
- sexual intercourse between a regulated member and a patient of that regulated member;
- genital to genital, genital to anal, oral to genital or oral to anal contact between a regulated member and a patient of that regulated member;
- masturbation of a regulated member by, or in the presence of, a patient of that regulated member;
- masturbation of a regulated member’s patient by that regulated member;
- encouraging a regulated member’s patient to masturbate in the presence of that regulated member;
- touching of a sexual nature of a client’s genitals, anus, breasts or buttocks by a regulated member.”
Sexual misconduct
Sexual misconduct “means any incident or repeated incidents of objectionable or unwelcome conduct, behaviour or remarks of a sexual nature by a regulated member towards a patient that the regulated member knows or ought reasonably to know will or would cause offence or humiliation to the patient or adversely affect the patient’s health and well-being but does not include sexual abuse.”
Sexual nature
Sexual nature as defined in the HPA, “does not include any conduct, behaviour, or remarks that are appropriate to the services provided.”
Who is a patient
A patient, under our Standards of Practice is anyone who is involved in, or has had, a professional interaction with a dental assistant. An individual continues to be considered a patient for one year (365 days) after the last date of professional interaction.
For the purposes of the sexual abuse and sexual misconduct provisions of the HPA, the following are not considered patients:
- a dental assistant’s spouse
- a dental assistant’s adult interdependent partner
- anyone who had an ongoing sexual relationship with the dental assistant before the first professional interaction
Note: If the person involved is not part of a regulated profession, they’re not under the authority of a regulatory college. Concerns about unregulated providers should be directed to their employer and/or the police.
Coming forward with a concern
If you think a dental assistant may have violated a boundary or engaged in sexual abuse or sexual misconduct, we encourage you to reach out. If something made you uncomfortable, whether it was unnecessary touching, sexual comments, or behaviour that felt inappropriate, the Complaints Director can speak with you about your concerns.
Confidential support
We recognize that coming forward with a complaint of a sexual nature can be very difficult.
When you contact the College you will speak directly with the Complaints Director, who has specific training in cases involving sexual abuse and sexual misconduct and can explain the complaint process and available support. You can contact the Complaints Director by phone at 780-486-2526 or 1-800-355-8940. At this stage, you may remain anonymous, use an alias, or request to meet in person if you prefer. If you then decide to proceed with a formal complaint, it must be submitted in writing and be signed.
What happens next
Once a complaint of this nature is received, the Complaints Director will appoint an investigator. The investigator will contact you to discuss your concerns and gather information.
- You will be asked to explain what happened in as much detail as you are able.
- You will need to sign a consent form so your dental records can be obtained.
- By law, the dental assistant must be notified and given an opportunity to respond.
- Other people with information about the incident or documents related to the complaint may be contacted and records gathered as part of the investigation.
When the investigation is complete, the investigator provides all materials gathered to the Complaints Director, who reviews the information and decides what should happen next.
Possible outcomes
The Complaints Director may:
- refer the matter to a Hearing Tribunal; or
- dismiss the matter if the evidence does not support the allegation
If your complaint goes to a hearing
A hearing functions much like a court proceeding. A Hearing Tribunal – a panel of members of the public and Registered Dental Assistants – will hear the evidence from both sides and make a decision. All these individuals will have received appropriate training prior to hearing the case and reasonable efforts will be made to ensure at least one member on the Hearing Tribunal ;is the same gender identity as the patient.
You may need to testify at the hearing, and you’re welcome to bring someone with you for support. Both the Complaints Director’s legal counsel and the dental assistant’s legal counsel, if applicable, may ask you questions.
If sexual abuse is proven, the dental assistant’s registration will be cancelled, and they will not be allowed to practise again. If sexual misconduct is proven, the dental assistant will be suspended. The length of the suspension depends on the circumstances. Other orders may also be made. Importantly, before making these orders, the Hearing Tribunal will provide you the opportunity to present a written or oral statement describing the impact. The decision will be posted once all appeal mechanisms have been exhausted and only the name of the dental assistant will be publicly available as required under the HPA.
Hearings are open to the public unless the Hearing Tribunal orders otherwise. Either party may make a request to the Hearing Tribunal to close the hearing to the public.
Both the Dental Assistant and the Complaints Director may appeal the Hearing Tribunal’s decision.
Why you should report
We know there are many reasons why someone might hesitate to report a sexually inappropriate interaction. However, there are important reasons to come forward, including:
- Protecting others: These incidents are often not isolated. Reporting helps us act so that what happened to you does not happen to someone else.
- Awareness: We will not know something is wrong unless someone tells us. Complaints help us identify concerns and respond appropriately.
- Closure: For many people, knowing that a complaint is being taken seriously and that there may be consequences for the dental assistant can be an important part of healing.
Receiving treatment and counselling funding
If you file a complaint alleging sexual abuse or sexual misconduct by a dental assistant, you may be eligible to receive treatment and counselling funding. This funding is available to support you during and after the complaint process.
Learn more about treatment and counselling funding
Contact us
If you believe you’ve experienced sexual abuse or sexual misconduct by a dental assistant, you can contact the Complaints Director when you feel ready. Please call 780-486-2526 or 1-800-355-8940 and ask to speak with the Complaints Director.
Does your concern involve another regulated health professional? Review contact information for other health profession colleges.
