Allegations and Plea

The College alleged that the Member misappropriated funds from four clients; misappropriated funds from her employer by charging unauthorized expenses on the facility credit card and writing improper cheques to petty cash; and engaged in conduct that would be regarded as disgraceful, dishonourable or unprofessional.

The Member was neither present nor represented by counsel at the hearing. The hearing proceeded on the basis that the Member denied the allegations.

Evidence

The Member worked as an administrator at a nursing and retirement home. She was responsible for all cash procedures within the facility, including deposits and withdrawal of funds. She had access to the petty cash, could withdraw cash from the company trust account, and had use of a corporate credit card for minor and major purchases as authorized by the facility.

Six witnesses testified, and 17 exhibits were entered. The facility’s regional manager became suspicious when a reliable resident, Client A, became delinquent on her rent payments. This led to an investigation that resulted in discrepancies in petty cash being uncovered. When the manager went to the location where the Member worked, the Member abruptly left and did not return, refusing to be interviewed. Further investigation revealed that cash was missing from other residents.

Client B’s family paid the Member cash for the rent. The Member signed the invoice to reflect that the amount had been paid in full, but she never deposited the cash into the facility’s account.

The manager asked the Member to send collection letters to three residents who were behind in their rent payments. The Member drafted letters and sent them to the manager, representing that they had been sent to the residents. However, the letters were never given to the residents. The three residents typically paid their rent in cash. They all said they had paid for the missing months in cash. Witnesses supported Client C’s assertion that he had paid cash, and Client D had a petty cash voucher that was meant to be a receipt for his cash payment.

The manager identified the Member’s signature on cheques totalling approximately $2,800 made out to “petty cash.” There were no records indicating requests for the money, and the locked petty cash box was empty. An account reconciliation disclosed a shortage of $4,619.02.

The manager testified that the Member charged eight unauthorized purchases to her corporate credit card. She did not submit receipts as requested. The total of unauthorized purchases was $1,387.11.

The facility’s accounts manager testified that the Member did not reconcile the facility’s accounts for a couple of months before her termination. He testified about his own reconciliation, which revealed cancelled cheques made out to petty cash by the Member, totalling $4,540 over a period of less than two months. This was an unusual amount; the normal amount would only be $500 to $600 per month.

Court documents revealed that the Member pleaded guilty to two charges, related to Client B and the Member’s unauthorized use of the corporate credit card.

Finding

The Panel found that the evidence supported findings of professional misconduct as alleged. Defrauding her clients, making unauthorized purchases on the employer’s credit card and misappropriating money from petty cash would be regarded as dishonourable and unprofessional. The significant deceit and dishonesty inherent in the Member’s repeated actions bring shame to the profession and infringe on the public’s trust and confidence in the profession. As a result, the conduct would also be regarded as disgraceful.

Submissions on Order

The College sought revocation of the Member’s certificate of registration.

Panel Order

Given the serious nature of the offences, the Panel accepted the submission. The Member made no effort to take responsibility before the College. The egregious nature of her repeated, serious, deliberate and deceitful conduct was an aggravating factor.

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