THE DISCIPLINE FILE
Case No.: 18-012-RDO continued
18. Although the Investigative Committee and the Member understand and acknowledge that APEGA's usual policy is to publish recommended discipline orders in a manner that identifies members or former members by name, the parties understand that the decision to publish with or without names is discretionary. The parties submit that publication without name is appropriate given the specific facts in this case, including the following: 1. The Professional Member was a member of APEGA, in good standing, since December 10, 1992, and had no prior findings of unprofessional conduct or unskilled practice; and 2. There is no evidence that the conduct of the Professional Member put members of the public
Rule # 5 of the Code states: 5. Professional engineers and geoscientists shall uphold and enhance the honour, dignity and reputation of their professions and thus the ability of the professions to serve the public interest. E. RECOMMENDED ORDERS 15. The Investigative Committee defers to the wisdom of the courts in this matter and has determined that there is no need to further address the conduct of the Professional Member with additional punitive sanctions. 16. The Investigative Committee, in its legislated role as the body responsible for the investigation of complaints against APEGA members, must, however, act in the public interest and regulate the professions of engineering and geoscience. 17. On the recommendations of the Investigative Committee, and by agreement of the Professional Member with that recommendation, following a discussion and review with the Discipline Committee Case Manager, the following recommended orders are issued pursuant to Section 52 of the Act: 1. The Professional Member shall be ineligible to reinstate his APEGA membership for a period of five years from the date this order is approved by 2. APEGA, at its sole discretion, will share the information contained in this order with sister Canadian engineering and geoscience regulators. 3. The Member shall be issued a letter of reprimand. 4. This matter and its outcome will be published by APEGA in any form or media deemed appropriate. Such publication will not name the Member. a Discipline Committee case manager and shall not apply or attempt in any way to reinstate his APEGA membership until the five-year period has elapsed.
at risk or is likely, in the future, to put members of the public at risk. Publication with name, therefore, is not required to protect the public interest.
Signed,
[PROFESSIONAL MEMBER], P.ENG. ROY SUDIPTO, P.ENG. Panel Chair, APEGA Investigative Committee MARC SABOURIN, P.ENG. Case Manager, APEGA Discipline Committee
Date: January 16, 2019
71 | PEG SUMMER 2019
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