College of Nurses of Ontario v. Paul Phillips, 2006 CanLII 81755

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Anne McKenzie, RPN Chairperson Deanne Barber, RPN Member Karen Breen-Reid, RN Member Grace Isgro-Topping Member Faira Bari Public Member

BETWEEN:

) ANIL KAPOOR for COLLEGE OF NURSES OF ONTARIO ) College of Nurses of Ontario

• and - )

PAUL PHILLIPS ) NO REPRESENTATION for Registration No. 008159 ) Paul Phillips

) Heard: December 13, 2006

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on December 13, 2006 at the College of Nurses of Ontario (the “College”) at Toronto.

The Allegations

The allegations against Paul Phillips (the “Member”) as stated in the Notice of Hearing (Exhibit #1) dated November 6, 2006, are as follows:

1. You have committed an act of professional misconduct as provided by section 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on October 10, 2003 [ ] you were found guilty of the following offence that is relevant to your suitability to practise:

a) Mischief over $5,000.00 contrary to s. 430(1) of the Criminal Code of Canada.

2. You have committed an act of professional misconduct as provided by section 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on August 4, 2004 [ ] you were found guilty of the following offences that are relevant to your suitability to practise:

a) Criminal Harassment contrary to s. 264(2)(b) of the Criminal Code of Canada;

b) Breach of Undertaking contrary to s. 145(5.1) of the Criminal Code of Canada; and

c) Breach of Recognizance contrary to s. 145(3) of the Criminal Code of Canada.

3. You have committed an act of professional misconduct as provided by section 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on September 22, 2004 [ ] you were found guilty of the following offence that is relevant to your suitability to practise:

a) Criminal Harassment contrary to s. 264(2)(b) of the Criminal Code of Canada.

4. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, and defined in subsection 1(15) of Ontario Regulation 799/93 in that you signed or issued, in your professional capacity, a document that the you knew or ought to have known contained a false or misleading statement, namely:

a) That on or about November 20, 2003 you certified that the information contained on your 2004 Annual Payment Form was correct when in fact you failed to report that on October 10, 2003 [ ] you were found guilty of mischief over $5,000.00 to s. 430(1) of the Criminal Code of Canada.

5. You have committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, and defined in subsection 1(37) of Ontario Regulations 799/93 in that you engaged in conduct or performed an act or acts relevant to the practise of nursing that, having regard to all of the circumstances would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, in that:

a) That on or about November 20, 2003 you failed to report on your 2004 Annual Payment Form that on October 10, 2003 you had been found guilty of mischief over $5,000.00;

b) On or about October 10, 2003 [ ] you were found guilty of the offence of Mischief over $5,000.00 contrary to s. 430(1) of the Criminal Code of Canada;

c) On or about August 4, 2004 [ ] you were found guilty of the offence of Criminal Harassment contrary to s. 264(2)(b) of the Criminal Code of Canada;

d) On or about August 4, 2004 [ ] you were found guilty of the offence of Breach of Undertaking contrary to s. 145(5.1) of the Criminal Code of Canada;

e) On or about August 4, 2004 [ ] you were found guilty of the offence of Breach of Recognizance contrary to s. 145(3) of the Criminal Code of Canada; and

f) On or about September 22, 2004 [ ] you were found guilty of the offence of Criminal Harassment contrary to s.264(2)(b) of the Criminal Code of Canada.

Member’s Plea

Paul Phillips admitted the allegations set out in the Notice of Hearing. The panel conducted an oral plea inquiry and was satisfied that the Member’s admission was voluntary, informed and unequivocal. The panel also received a signed plea inquiry (Exhibit #2).

Agreed Statement of Facts

Counsel for the College advised the panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts which provided as follows:

THE MEMBER

1. Paul Phillips, (“the Member”), graduated with a diploma from [ ] College and has been registered as a Registered Nurse with the College of Nurses of Ontario (“the College”) since 2000.

2. The Member worked at [the Hospital] as a Registered Nurse on a surgical floor from 2000 until 2005. He currently works as a bouncer at a nightclub and driver at a moving company.

LETTERS OF REPORT

3. The College became aware of the Member’s criminal convictions through two letters of report.

4. The College received a letter of report in respect of the Member dated August 9, 2004, from [ ], Vice President and Chief Nursing Officer of [the Hospital]. The letter related to the Member’s jail term and conviction for three harassment charges.

5. The College received a letter of report in respect of the Member dated September 14, 2004, from [victim A], [with whom the member had a personal relationship]. The letter related the Member’s additional criminal harassment charges and the Member’s conduct with [victim A].

THE ALLEGATIONS IN THE NOTICE OF HEARING

6. The Member was found guilty of numerous criminal offences related to his conduct in the years 2002 to 2004. The Member failed to report he had been found guilty of a criminal offence on his 2004 Annual Payment Form. What follows is a summary of the facts supporting each allegation to which the Member admits responsibility.

I. Allegation 1(a) & 5(b): The Plea and Sentence on October 10, 2003. Please see Tab 12, Appendix A, for the complete transcript.

7. The Member was involved in a personal relationship with [victim B] for a total of 18 months. [T]heir relationship deteriorated and ultimately ended. [Victim B] moved into her parent’s home. They agreed that the Member could attend at her parent’s home once weekly, when her parents were away at work [].

8. Over the next six months, the Member and [victim B] argued extensively [].

9. On December 13, 2002, the Member gave [victim B] a retaliatory push after she had given his hand a light push to get him out of the way of []. This push caused [victim B] to stumble sideways. The Member denied any physical violence.

10. As [victim B] prepared to leave home in her car, the Member placed himself at her closed car window. He yelled at her that she was a “bitch” and then punched the window. The window did not break.

11. During a visit in January 2003, the Member and [victim B] began to argue []. The Member left in a fit of rage, slamming the screen door so the wood split and it came away from the lower hinge. He then entered the residence of [victim B] and refused to leave. [Victim B] called the police.

12. During a visit on May 13, 2003, [victim B] called the police to her residence because the Member had refused to leave.

13. The Member acknowledged that he was out of line in respect of impulse controls.

14. On October 10, 2003, [ ], the Member pleaded not guilty to the following charge:

a) That he, on or about the 13^th day of December in the year 2002 at [ ], did commit an assault on [victim B], contrary to Section 266 of the Criminal Code.

15. The Member pleaded guilty to the following amended charge:

a) That he, between December 2002 and May 2003, did commit mischief over $5,000.00 contrary to Section 430(1) of the Criminal Code of Canada.

16. Mr. Justice [ ] found the Member guilty and granted the Member a conditional discharge. The Member was placed on probation with conditions for a period of one year. The conditions included that he have no contact with [victim B] unless through a third party, and a requirement that the Member take counselling in respect to either domestic violence or anger management as mandated by a probation officer.

II. Allegation 2(a)(b)(c) & 5(c)(d)(e): The Plea and Sentence on August 4, 2004. Please see Tab 11, Appendix A, for the complete transcript.

17. The Member and [victim A] were in a relationship that is best described as unstable and stormy. The Member was unable to accept the end of the relationship. He telephoned [victim A] leaving messages and, literally, filling her voice mail box. The Member would follow her, leave notes for her on her windshield, and he would go to her workplace uninvited. [Victim A] called the police and requested that they warn the Member, which they did. The police advised [victim A] to keep a log of the phone calls and contacts attempted by the Member. She agreed to do so and did keep a log in a notebook.

18. Undeterred, the Member still attempted to reach and have contact with [victim A]. On July 9, 2004, [victim A] was visiting her friend [ ]. The Member attended at the [friend’s] residence. When he knocked on the door, he was told that he was not welcome. He then forced his way into the residence. While he was there, the Member stole [victim A’s] notebook containing her log of contacts. Later that day the Member spoke with [victim A] and told her that he was sorry. He then returned the log, however the pages that related to the Member had been ripped out. The Member was arrested shortly thereafter and released on his own undertaking. Part of that undertaking was that he would not speak to [victim A].

19. In contravention of his undertaking, on July 11, 2004 the Member phoned [victim A].

20. The Member was arrested and then released on bail. When he was released the Court ordered that he not have contact with [victim A]. On July 17, 2004 the Member again phoned [victim A] in contravention of the court order.

21. During the sentencing proceeding, the trial Judge characterized the situation as follows: “What we have here is a persistent situation of harassment and breaching court orders”. (page 17, Tab 11, Appendix A)

22. At his sentencing, the Member stated on his own behalf, “I’m 27 years old and I’m mature enough and old enough to understand that, when somebody wants to move on, it’s time to move on – I mean, [victim A] has chosen not to be in the relationship and that’s something that I can accept and being away from her is something I can accept.” (page 15, Tab 11, Appendix A)

23. On August 4th, 2004, [ ], the Member pleaded guilty to the following charges:

a) That he, on or about the 9^th day of July, 2004, [ ], knowing that [victim A] is harassed or being reckless as to whether [victim A] is harassed, did, without lawful authority, repeatedly communicate, directly or indirectly, with [victim A], thereby causing [victim A] to reasonably fear for her safety, contrary to Section 264(1)(2)(b) of the Criminal of Canada.

b) That he, on or about the 11^th day of July, 2004, [ ], unlawfully did, having been named in an Undertaking entered into before an Officer-In-Charge, of the [ ] Police Service, fail, without lawful excuse, to comply with a condition of that Undertaking, to wit: abstain from communicating directly or indirectly with [victim A and other named persons], or from going to [specified addresses], or anywhere known to be victim A’s place of residence or employment, contrary to Section 145(5.1) of the Criminal Code of Canada.

c) That he, on or about the 17^th day of July, 2004, [ ], did, being at large on his Recognizance Of Bail, entered into before a Justice of the Peace, and being bound to comply with a condition of that Recognizance directed by the said Justice, fail, without lawful excuse, to comply with a condition of that Recognizance, to wit: to abstain from communicating or associating directly or indirectly with [victim A], contrary to Section 145(3) of the Criminal Code of Canada.

24. Mr. Justice [ ] found the Member guilty and sentenced the Member to 60 days incarceration for the criminal harassment, and 30 days incarceration for the two breaches, followed by probation with conditions for a period of two years, including a prohibition on contacting [victim A]. The time the Member spent in jail following conviction was set at 50 days because of the number of days the Member had spent in jail awaiting disposition of the case.

III. Allegation 3(a), 5(f): The following is a summary of the Plea and Sentence on September 22, 2004. Please see Tab 10, Appendix A, for the complete transcript.

25. The day after he pleaded guilty to criminal harassment and told the presiding Judge that he was prepared to move on with his life, the Member called [victim A] on at least three occasions. As well, the Member called [victim A] on August 28, 2004 while he was in custody.

26. On September 22, 2004, [ ], the Member pleaded guilty to the following charge:

a) That he, on the 5^th day of August, year 2004 and the 28^th day of August, 2004, [ ]knowing that [victim A] is harassed or being reckless as to whether [victim A] is harassed did without lawful authority repeatedly communicate directly or indirectly with [victim A] thereby causing [victim A] to reasonably, in all the circumstances, fear for her safety contrary to Section 264(2)(b) of the Criminal Code of Canada.

27. At his sentencing, the Member stated on his own behalf, “[Victim A], obviously, is a good girl, uh, but I mean, when a relationship’s over, it’s over and, uh, I mean, I’ve been in a lot of relationships before enough to understand that it’s over. “ (page 5, Tab 10, Appendix A)

28. Mr. Justice [ ] found the Member guilty and registered a conviction. The Member had been in custody 16 days on the previous charges, and given his early plea, he was sentenced to time served and probation with conditions for a period of two years, including a prohibition on contacting [victim A].

IV. Allegation 4(a), 5(a): Failure to Report

29. On October 10, 2003 the Member pled guilty to the criminal offence of Mischief. As part of the joint submission on sentence, he was conditionally discharged of the offence.

30. The Instruction Guide for the 2004 Annual Payment form instructs Members to “Fill in the bubble” under Section J, the Self-Reporting Obligation, if “You have been found guilty of a criminal offence, even if you have been pardoned or were conditionally or absolutely discharged.” (Appendix B)

31. The Member’s 2004 Annual Payment form to the College, dated November 20, 2003, was received at the College on November 27, 2003. When the Member filled in the 2004 Annual Payment Form, he did not indicate that he had been found guilty of a criminal offence. (Appendix C)

ADMISSIONS

32. The Member admits that he committed an act of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on October 10, 2003 [ ] he was found guilty of the following offence that is relevant to his suitability to practice, and in particular:

a) Mischief over $5,000.00 contrary to s. 430(1) of the Criminal Code of Canada.

33. The Member admits that he committed an act of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on August 4, 2004 [ ] he was found guilty of the following offences that are relevant to his suitability to practise:

a) Criminal Harassment contrary to s. 264(2)(b) of the Criminal Code of Canada; and

b) Breach of Undertaking contrary to s. 145(5.1) of the Criminal Code of Canada; and

c) Breach of Recognizance contrary to s. 145(3) of the Criminal Code of Canada.

34. The Member admits that he committed an act of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, in that on September 22, 2004 [ ], he was found guilty of the following offence that is relevant to his suitability to practise:

a) Criminal Harassment contrary to s. 264(2)(b) of the Criminal Code of Canada.

35. The Member admits that he committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, and defined in subsection 1(15) of the Ontario Regulations 799/93 in that he signed or issued, in his professional capacity, a document that the he knew or ought to have known contained a false or misleading statement, namely:

a) That on or about November 20, 2003 he certified that the information contained on his 2004 Annual Payment Form was correct when in fact he failed to report that on October 10, 2003 [ ] he was found guilty of mischief over $5,000.00 to s. 430(1) of the Criminal Code of Canada.

36. The Member admits that he committed an act of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c.32, as amended, and defined in subsection 1(37) of Ontario Regulations 799/93 in that he engaged in conduct or performed an act or acts relevant to the practise of nursing that, having regard to all of the circumstances would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, in that:

a) On or about November 20, 2003 he failed to report on his 2004 Annual Payment Form that on October 10, 2003 he had been found guilty of mischief over $5,000.00; and

b) On or about October 10, 2003 [ ] he was found guilty of the offence of Mischief over $5,000.00 contrary to s. 430(1) of the Criminal Code of Canada; and

c) On or about August 4, 2004 [ ] he was found guilty of the offence of Criminal Harassment contrary to s. 264(2)(b) of the Criminal Code of Canada; and

d) On or about August 4, 2004 [ ] he was found guilty of the offence of Breach of Undertaking contrary to s. 145(5.1) of the Criminal Code of Canada; and

e) On or about August 4, 2004 [ ] he was found guilty of the offence of Breach of Recognizance contrary to s. 145(3) of the Criminal Code of Canada; and

f) On or about September 22, 2004 [ ] he was found guilty of the offence of Criminal Harassment contrary to s.264(2)(b) of the Criminal Code of Canada.

Decision

The panel considered the Agreed Statement of Facts and finds that the facts support a finding of professional misconduct, which would reasonably be regarded by members as dishonourable and unprofessional.

Penalty

Counsel for the College advised the panel that a Joint Submission as to Penalty (Exhibit #4) had been agreed upon. The Joint Submission as to Penalty provides as follows:

Paul Phillips (the “Member”) and the College of Nurses of Ontario (the “College”) respectfully submit that, in view of the circumstances set out in the Agreed Statement of Fact and the Member’s admissions of professional misconduct, the Panel of the Discipline Committee (“the Panel”) should make an Order as follows:

1. Requiring the Member to appear before the Panel to be reprimanded, at a date to be arranged, but in any event within three (3) months of the date of this Order becoming final.

2. Directing the Executive Director to suspend the Member's Certificate of Registration for five (5) months.

3. Directing the Executive Director to impose the following terms, conditions and limitations on the Member's Certificate of Registration:

a) Requiring the Member to attend a meeting at the College with the Director of Investigations and Hearings (the “Director”), or the Director’s designate, at a date to be arranged but, in any event, within three (3) months of the date of this Order becoming final to discuss:

(i) the conduct for which the Member was found to have committed professional conduct and, in particular, the Member’s failure to report his criminal conviction to the College; and

(ii) the Member’s responsibilities as a member of a self-regulating health profession.

b) Prior to the meeting referred to in paragraph 3(a), above, the Member shall review the College fact sheets entitled What is CNO? Self-Regulation, What is CNO? Supporting Members in Self-Regulation, Your Annual Payment Form, Mandatory Self-Reporting Obligations, Professional Misconduct and the Professional Standards, Revised 2002, and shall reflect upon and be prepared to discuss these documents as they relate to the conduct for which the Member was found to have committed professional misconduct, and the Member’s role and responsibilities as a member of a self-regulating profession.

c) The Member shall not provide direct client care unless and until he completes one-on-one counselling sessions with a professional relating to stress and anger-management. The counselling sessions shall be conducted by a duly qualified professional (the “Counsellor”), approved by the Director and shall address the conduct for which the Member was found to have committed professional misconduct. The sessions will include the development of coping strategies for the Member to employ when dealing with stress or anger. All costs associated with the counselling sessions shall be borne by the Member and the sessions shall continue until such time as the Counsellor believes that the Member has gained sufficient insight into his behaviour that he is able to effectively manage stress and anger. Prior to beginning his first session with the Counsellor, the Member shall:

(i) deliver to the Director an executed Release in the College’s favour, which allows the College to communicate directly with the Counsellor regarding the Member’s counselling sessions;

(ii) provide the Counsellor with a copy of the Notice of Hearing, Agreed Statement of Fact, Joint Submission on Penalty and any attachments to these documents and/or a copy of the Panel's Decision and Reasons as well as a copy of the release referred to in 3(c)(i), above;

(iii) deliver to the Director a letter signed by the Counsellor confirming that the Counsellor has received and reviewed the documents referred to in 3(c)(i) and 3(c)(ii), above, and confirming the Counsellor’s agreement to provide the Director with the reports referred to in 3(d), below. The Program shall be developed by the Member and the Counsellor, and be based upon the incidents which gave rise to the findings of professional misconduct, and the Program must be approved by the Director prior to implementation; and

d) The Member must ensure that the Director receives from the Counsellor a report after every session outlining the Member’s participation in the sessions, describing his progress and the Counsellor’s assessment of the Member’s insight into his behaviour.

e) Upon his return to the practice of nursing and for a period of 24 months thereafter, the member shall:

(i) deliver to the Director by courier or other verifiable method of delivery, notification of the names, addresses and telephone numbers of all employers for whom he practices nursing, as well as the name(s) of his direct supervisor(s), within fourteen (14) days of commencing or resuming employment. Notification shall be in writing and sent by verifiable form of delivery, such as courier, the proof of which delivery the Member shall retain;

(ii) provide his current or any prospective employer with a copy of the Panel's Penalty Order with the Notice of Hearing, Agreed Statement of Fact, and Joint Submission on Penalty attached or, if available, a copy of the Panel's Decision and Reasons in advance of commencing or resuming practice;

(iii) only work for an employer who agrees to receive the documents referred to in 3(e)(iii), above, and to provide the Director with written confirmation that the employer has received and reviewed these documents.

The Member provided documents which included character references (Exhibit #5) for the panel’s consideration.

Counsel for the College stated that the penalty provides for rehabilitation with strict terms that must be met before returning to the practice of nursing. The criminal offences, although serious, did not occur in a professional practice setting.

Penalty Decision

The panel accepts the Joint Submission as to Penalty and accordingly orders that:

1. The Member appear before the Panel to be reprimanded, at a date to be arranged, but in any event within three (3) months of the date of this Order becoming final.

2. The Executive Director suspend the Member's Certificate of Registration for five (5) months.

3. The Executive Director impose the following terms, conditions and limitations on the Member's Certificate of Registration:

a) Requiring the Member to attend a meeting at the College with the Director of Investigations and Hearings (the “Director”), or the Director’s designate, at a date to be arranged but, in any event, within three (3) months of the date of this Order becoming final to discuss:

(i) the conduct for which the Member was found to have committed professional conduct and, in particular, the Member’s failure to report his criminal conviction to the College; and

(ii) the Member’s responsibilities as a member of a self-regulating health profession.

b) Prior to the meeting referred to in paragraph 3(a), above, the Member shall review the College fact sheets entitled What is CNO? Self-Regulation, What is CNO? Supporting Members in Self-Regulation, Your Annual Payment Form, Mandatory Self-Reporting Obligations, Professional Misconduct and the Professional Standards, Revised 2002, and shall reflect upon and be prepared to discuss these documents as they relate to the conduct for which the Member was found to have committed professional misconduct, and the Member’s role and responsibilities as a member of a self-regulating profession.

c) The Member shall not provide direct client care unless and until he completes one-on-one counselling sessions with a professional relating to stress and anger-management. The counselling sessions shall be conducted by a duly qualified professional (the “Counsellor”), approved by the Director and shall address the conduct for which the Member was found to have committed professional misconduct. The sessions will include the development of coping strategies for the Member to employ when dealing with stress or anger. All costs associated with the counselling sessions shall be borne by the Member and the sessions shall continue until such time as the Counsellor believes that the Member has gained sufficient insight into his behaviour that he is able to effectively manage stress and anger. Prior to beginning his first session with the Counsellor, the Member shall:

(i) deliver to the Director an executed Release in the College’s favour, which allows the College to communicate directly with the Counsellor regarding the Member’s counselling sessions;

(ii) provide the Counsellor with a copy of the Notice of Hearing, Agreed Statement of Fact, Joint Submission on Penalty and any attachments to these documents and/or a copy of the Panel's Decision and Reasons as well as a copy of the release referred to in 3(c)(i), above;

(iii) deliver to the Director a letter signed by the Counsellor confirming that the Counsellor has received and reviewed the documents referred to in 3(c)(i) and 3(c)(ii), above, and confirming the Counsellor’s agreement to provide the Director with the reports referred to in 3(d), below. The Program shall be developed by the Member and the Counsellor, and be based upon the incidents which gave rise to the findings of professional misconduct, and the Program must be approved by the Director prior to implementation; and

d) The Member must ensure that the Director receives from the Counsellor a report after every session outlining the Member’s participation in the sessions, describing his progress and the Counsellor’s assessment of the Member’s insight into his behaviour.

e) Upon his return to the practice of nursing and for a period of 24 months thereafter, the member shall:

(i) deliver to the Director by courier or other verifiable method of delivery, notification of the names, addresses and telephone numbers of all employers for whom he practices nursing, as well as the name(s) of his direct supervisor(s), within fourteen (14) days of commencing or resuming employment. Notification shall be in writing and sent by verifiable form of delivery, such as courier, the proof of which delivery the Member shall retain;

(ii) provide his current or any prospective employer with a copy of the Panel's Penalty Order with the Notice of Hearing, Agreed Statement of Fact, and Joint Submission on Penalty attached or, if available, a copy of the Panel's Decision and Reasons in advance of commencing or resuming practice;

(iii) only work for an employer who agrees to receive the documents referred to in 3(e)(iii), above, and to provide the Director with written confirmation that the employer has received and reviewed these documents.

Reasons for Penalty Decision

The panel concluded that the proposed penalty is reasonable and in the public interest. The Member has co-operated with the College and, by agreeing to the facts and a proposed penalty, has accepted responsibility for his actions, and has avoided unnecessary expense to the College.

However, the sheer number of findings of guilt in relation to offences relevant to the Member’s suitability to practice, and the number of acts relevant to the practice of nursing that would be regarded by members as dishonourable and unprofessional call for the substantial period of suspension and remedial measures contained in the Joint Submission on Penalty and this panel’s penalty order. In addition, the governability of the Member is of grave concern in that he did not meet his self reporting obligation to the College, by failing to report the findings of guilt made against him in relation to criminal offences. In all the circumstances, the penalty order contemplated by the Joint Submission on Penalty was within the range of penalties appropriate to a case such as this.

I, Anne McKenzie, sign this decision and reasons for the decision as Chairperson of this Discipline panel and on behalf of the members of the Discipline panel as listed below:

Chairperson Date

Panel Members:

Deanne Barber, RPN

Karen Breen-Reid, RN

Faira Bari, Public Member

Grace Isgro-Topping, Public Member