Hearing/Health Panel – Conduct of the Hearing

a. The purpose of the Hearing/Health Panel is to:

i. Review the available evidence;

ii. Hear the parties’ submissions;

iii. Make findings of fact and determine, on the balance of probabilities (more likely than not), whether the facts alleged are substantiated;

iv. Determine, if the facts are substantiated, whether they amount to a breach of the Standards;

v. Decide on the appropriate outcome of the complaint and any sanction to be imposed in accordance with section 32.

b. The Hearing/Health Panel Chair is responsible for the fair and efficient conduct of the hearing and may take any steps reasonably necessary to achieve that purpose. The Member may choose to be legally represented at the hearing (though this will not be funded by BABCP).

c. The Hearing/Health Panel, having obtained guidance from the Legal Assessor, will take any necessary case management decisions, such as in relation to late evidence, amendments to the allegations, the management of vulnerable witnesses, and any other procedural matters relevant to the proceedings.

d. The Chair of the Hearing/Health Panel will conduct the hearing and determine the order of proceedings. Unless the Hearing/Health Panel decides otherwise, the order of proceedings will be:

i. The Hearing/Health Panel will hear any applications for discontinuance or other relevant applications;

ii. The Chair will confirm the allegations and alleged breaches of the Standards before the Hearing/Health Panel. Unless the Hearing/Health Panel directs otherwise, the Statement of Case will be taken as read.

iii. The Chair will ask the Member to indicate which facts are admitted and which remain in dispute. The Hearing/Health Panel may rely upon any admissions made by the Member when determining the facts of the case;

iv. The Presenting Officer will present BABCP’s case, focusing on the facts that remain in dispute, and will call any witnesses on whose oral evidence they intend to rely (see section 29(i));

v. The Chair will invite the Member to respond to BABCP’s case and call any witnesses on whose oral evidence they intend to rely; and

vi. The Chair will invite the parties to make closing submissions.

e. The burden of proof is on BABCP to demonstrate, on the balance of probabilities (more likely than not), that the alleged facts are substantiated and amount to a breach of the Standards. If the Hearing/Health Panel decides that insufficient evidence has been produced by the Presenting Officer to substantiate an allegation, it may dismiss that allegation without hearing evidence from the Member.

f. The Complainant may, if they have not been called as a witness and are invited to do so by the Hearing/Health Panel, give a personal account of the complaint and any details relevant to the allegations.

g. The Legal Assessor will sit with the Hearing/Health Panel to guide the Panel on any matters of law, procedure, or fairness relevant to the decisions before it.

h. A hearing may proceed in the absence of the Member where the Hearing/Health Panel is satisfied that the Member received notification of the hearing, there is no good reason why the Member is unable to attend, and it is necessary to proceed with the hearing in order to protect the public, maintain public confidence in the profession and BABCP/AREBT, or uphold professional standards. In all other cases, the hearing should be adjourned.

i. The Hearing/Health Panel may, on application by either party, the Complaints and Resolution Manager, or on its own initiative, adjourn a hearing if it considers that it is reasonable and proportionate to do so.

j. The Hearing/Health Panel may invite the Presenting Officer and the Member to submit further written evidence or make further representations, if it considers that it is necessary to ensure a fair evaluation of the complaint.