A Panel of the Discipline Committee (the Panel) of the association has ordered the immediate cancellation of the membership of James W.E. Halarewicz, of Vancouver, BC, and has further ordered that he pay $46,455 towards the association’s legal and related costs. These orders follow the Panel’s October 2018 determination that his actions surrounding his failure to comply with a practice review breached the Engineers and Geoscientists Act, that communications of his were disrespectful, discourteous, and misogynistic, and that he demonstrated a contempt for the regulatory processes.
Engineers and Geoscientists BC issued separate Notices of Inquiry to James W.E. Halarewicz, P.Eng., in June and July 2018, regarding his unprofessional correspondence to staff at the Architectural Institute of British Columbia (AIBC) and Engineers and Geoscientists BC and, separately, his failure to comply with a practice review for which he was randomly selected.
A disciplinary inquiry was held on August 28 and 29, 2018. Although he was notified of the disciplinary inquiry, Mr. Halarewicz did not attend. A panel of the Discipline Committee (the Panel) heard evidence from witnesses in relation to the allegations set out in the Notices of Inquiry.
On October 11, 2018, the Panel issued its Determination, which stated that the allegations set out in the Notices of Inquiry had been proven. The Panel determined that Mr. Halarewicz contravened sections 30(4) and 44 of the Engineers and Geoscientists Act by failing to provide information to the Investigation Committee and by refusing to participate in a practice review. The Panel also found that Mr. Halarewicz’s conduct was a marked departure from the standard expected of members and a contravention of Principle 7 of the Code of Ethics.
Having made its determination, the Panel asked that, by December 21, 2018, the association and Mr. Halarewicz provide written submissions on appropriate sanctions and whether the association’s legal costs should be payable by Mr. Halarewicz. Mr. Halarewicz was invited to provide submissions in response to the association’s submission on appropriate penalty, but did not do so.
On January 18, 2019, the Panel issued its Determination on Penalty and Costs. In its decision, the Panel considered:
- the nature and gravity of the misconduct;
- prior disciplinary action or character issues;
- the number of times the offending conduct occurred;
- whether the member acknowledged the misconduct and took steps to redress the wrong;
- the need for specific and general deterrence; and
- the need to ensure the public’s confidence in the integrity of the profession.
The Panel ordered that Mr. Halarewicz’s membership in the association be immediately cancelled, and that Mr. Halarewicz pay $46,455 for the association’s legal and related costs.
The full text of the Determination can be found in the Disciplinary Notices section of our website.
Engineers and Geoscientists BC’s website contains information on the complaint, investigation, and discipline processes. You can contact us at 604.558.6647 or toll-free at 1.888.430.8035 ext. 6647, or by email at [email protected].