Allie Bisset

On a penalty and costs hearing following findings of professional misconduct arising from treatment of a sensitive area without the required consent and explanation, the Tribunal imposed a reprimand, a seven-month suspension, and remedial educational terms.

The panel treated prior discipline history involving boundaries and non-compliance with an earlier order as aggravating.

A majority also ordered tariff-based costs without reduction, holding that the unproven billing allegation did not consume sufficiently significant hearing time to justify a divided-success adjustment.

A dissenting panel member would have reduced costs by 25% to reflect partial failure on one allegation.

In a professional discipline proceeding, the registrant admitted misconduct arising from assessment of a client's gluteal muscles without prior written informed consent during a massage therapy appointment.

The Tribunal held that the admitted conduct breached consent, sexual abuse prevention, and professional boundaries standards, and constituted professional misconduct under s. 51(1)(c) of the Health Professions Procedural Code and s. 26 of Ontario Regulation 544/94.

Applying the Anthony-Cook public-interest threshold for joint submissions, the Tribunal accepted the jointly proposed penalty because it was within the range for similar cases and was not contrary to the public interest.

The Tribunal imposed a one-month suspension, a reprimand, remedial terms, and costs of $5,852 payable by installments.

In a professional discipline penalty decision, the Tribunal addressed sanction, therapy funding, security, and costs after prior findings that the registrant had committed sexual and physical abuse of a client and had been convicted of sexual assault during a massage therapy appointment.

Applying the mandatory penalty provisions of the Health Professions Procedural Code, the Tribunal held that a reprimand and revocation were required and that there was no discretion to impose a lesser sanction.

The Tribunal also ordered reimbursement of therapy and counselling funding up to the statutory maximum, required security for that reimbursement, and imposed costs.

A publication restriction protecting the client's identity remained in place.

The discipline tribunal proceeded in the registrant's absence after finding proper notice had been given.

Relying on documents from the related criminal proceeding, it found that the registrant sexually abused a client during a massage therapy session and had been convicted of sexual assault under s. 271 of the Criminal Code.

The tribunal held that the conviction was relevant to suitability to practise, that the conduct constituted sexual and physical abuse, breached professional standards, and amounted to disgraceful, dishonourable or unprofessional conduct.

Because the findings engaged prescribed misconduct and sexual touching of a client, the tribunal held that an interim suspension was mandatory pending the penalty and costs phase.