An act derogating from the honour or dignity of the profession

Under section 59.2 of the Professional Code, a professional may not commit an act that is derogatory to the honour or dignity of his profession. But, in reality, what is a derogatory act? A non-conforming act is any disciplinary offence that would not otherwise be provided for in the Professional Code and is defined by what a professional order considers to be an act that contravenes “the essential of good conduct likely to guarantee, in the eyes of the public, the confidence and honour of the group”. Thus, the derogatory act is neither clearly defined nor delineated in the Code in order to encompass a wide range of wrongdoings that may be committed by a professional, but which it would be impossible to list exhaustively. Case law further frames this definition by adding that an offence charged under section 59.2 must be serious and serious and that it may result in serious disciplinary consequences for the offending professional. Finally, an act will be recognized as a derogation from the honour, dignity or discipline of the profession for various reasons. These include an act that harms the image or reputation of the profession as a whole, an act of certain seriousness, and an act that attacks the very essence of the profession.

Application

The act derogating from the honour or dignity of the profession, or Article 59.2, can only be invoked when there is no other specific provision governing the actions of which the professional is accused. Otherwise, the offence must be worded in accordance with the provision concerned. The derogatory act therefore acts as an umbrella accusation allowing the Syndic of the professional order to ensure the public’s confidence in the latter. In addition, the Bureau of each professional order must adopt a code of ethics in which the profession’s derogatory acts are specified more precisely.

Examples common to all professions

Certain acts are explicitly derogatory in all professions, in particular because they contravene sections 57, 58, 58.1 or 59.1 of the Code. Among other things, refusing to provide services to a person for a discriminatory reason, abusing the relationship with the individual receiving the service in order to have sexual relations or illegally practising the profession are derogatory acts. The case law also provides some additional examples of derogatory acts, such as:

• the practice of the profession in violation of the limitations imposed;
• making vexatious comments;
• deception towards the individual receiving a service.