26.1 (1) The Registrar may refer the College and the member who is the subject of a complaint to an investigation stage complaint resolution process to which the College and the member have consented, (a)  if the Registrar determines, on reasonable and probable grounds and in accordance with any regulations, that the complaint, if proven, would likely result in the member receiving a caution, a reminder, advice or admonishment from the Investigation Committee under clause 26 (5) (c) or (d); (b)  if the Investigation Committee has not yet taken action under subsection 26 (5); and (c)  if the matter does not involve an allegation of sexual abuse of a student, sexual misconduct, a prohibited act involving child pornography or a prescribed sexual act. 2016, c. 24, Sched. 2, s. 6; 2019, c. 3, Sched. 3, s. 10. Same (2) The Registrar shall notify the complainant as soon as reasonably possible after referring a complaint to the complaint resolution process. 2016, c. 24, Sched. 2, s. 6. Same (3) Before a resolution that will be proposed to the Investigation Committee under subsection (4) is reached, (a)  the Registrar shall consult, or make reasonable efforts to consult, with the complainant; and (b)  if the complainant is not the member’s employer and the Registrar considers it appropriate in the circumstances, the Registrar may request that the employer provide the Registrar with information that relates to the complaint. 2016, c. 24, Sched. 2, s. 6. Same (4) If the College and the member reach a resolution of a matter that has been referred to the complaint resolution process, they shall propose it to the Investigation Committee and the Committee may, (a)  adopt the proposed resolution; (b)  modify the proposed resolution; or (c)  reject the proposed resolution. 2016, c. 24, Sched. 2, s. 6. Same (5) Before taking action under subsection (4), the Investigation Committee shall consider, (a)  any prior decisions of a committee established under this Act that relate to the member; (b)  any information about or obtained in concurrent proceedings before a committee established under this Act that relates to the member; and (c)  any resolutions adopted by a committee established under this Act that were reached though a complaint resolution process and relate to the member. 2016, c. 24, Sched. 2, s. 6. Same (6) In considering prior decisions in accordance with clause (5) (a), the Investigation Committee shall not consider any decision made by the Investigation Committee to refuse to consider and investigate a complaint under subsection 26 (2). 2016, c. 24, Sched. 2, s. 6. Same (7) If the Investigation Committee modifies the proposed resolution, the Committee shall notify the College and the member of the modifications and, (a)  if both the College and the member agree to the modifications, the proposed resolution shall be considered adopted, as modified, by the Committee; or (b)  if either the College or the member does not agree to the modifications, the proposed resolution shall be considered rejected by the Committee. 2016, c. 24, Sched. 2, s. 6. Same (8) If the Investigation Committee rejects a proposed resolution, the matter shall be referred back to the Committee and section 26 shall continue to apply. 2016, c. 24, Sched. 2, s. 6. Same (9) If there is a failure to resolve a matter that has been referred to the complaint resolution process, it shall be referred back to the Investigation Committee and section 26 shall continue to apply. 2016, c. 24, Sched. 2, s. 6. Notice, Registrar (10) The Investigation Committee shall notify the Registrar of its decision made under subsection (4). 2016, c. 24, Sched. 2, s. 6. Same, complainant (11) The Registrar shall notify the complainant of the outcome of the complaint resolution process. 2016, c. 24, Sched. 2, s. 6. Single member may act on Committee’s behalf (12) A single member of the Investigation Committee may act on the Committee’s behalf for the purposes of subsection (4) and, in that case, references to the Investigation Committee in subsections (5), (7), (8) and (10) shall be references to the member acting on the Committee’s behalf. 2016, c. 24, Sched. 2, s. 6. Matters referred back to the Investigation Committee (13) If the Investigation Committee rejects a proposed resolution and the matter is referred back to the Committee, no person who made a decision for the purposes of subsection (4) shall make a decision in respect of the matter under section 26, except in accordance with any regulations. 2016, c. 24, Sched. 2, s. 6. Complainant not a party (14) For greater certainty, the complainant is not a party to an investigation stage complaint resolution process. 2016, c. 24, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 24, Sched. 2, s. 6 - 05/12/2016 2019, c. 3, Sched. 3, s. 10 - 03/04/2019