College of Nurses of Ontario v. Julie Tyrrell, 2009 ONCNO 92079

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Shiela Pendock, RN Chairperson Marilyn McGill, RPN Member Karl Sweet, NP Member Grace Isgro-Topping Public Member Gino Cucchi Public Member

BETWEEN:

) MATHEW SAMMON for

COLLEGE OF NURSES OF ONTARIO ) College of Nurses of Ontario

• and - ) PAUL ERSKINE for

) Julie Tyrrell

JULIE TYRRELL )

Registration No. 9983859 )

) Heard: October 6, 2009

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee on October 6, 2009 at the College of Nurses of Ontario (“the College”) at Toronto.

The Allegation

The allegation against Julie Tyrrell (the “Member”) as stated in the Notice of Hearing dated July 10th, 2009, is as follows.

1. You have committed an act of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code of the Regulated Health Professions Act, 1991, S.O. 1991, c.18, as amended, in that you were found guilty of an offence relevant to your suitability to practise on or our about October 10, 2007.

Member’s Plea

The Member admitted the allegation set out in the Notice of Hearing. The panel received a written plea inquiry which was signed by the Member. The panel also conducted an oral plea inquiry and was satisfied that the Member’s admission was voluntary, informed and unequivocal. The Member was represented by counsel.

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. Julie Tyrrell (“the Member”) is a Registered Nurse (“RN”). The Member has been registered with the College of Nurses of Ontario (“the College”) since July 30, 1999.

2. The Member began working at a large urban hospital [ ] on or about September 7, 1999. The Member’s employment at the hospital was terminated on November 12, 2007, as a result of the allegation set out below.

3. The Member has no prior discipline history with the College.

FINDING OF GUILT

4. On July 23, 2007, in the Ontario Court of Justice [ ], the Member pleaded not guilty to the following charge:

That she, on or about the 4th day of September, 2006, [ ] did unlawfully commit an assault on the Complainant, [ ], contrary to Section 266 of the Criminal Code of Canada.

5. On October 10, 2007, the Member was found guilty by [a judge] and was convicted of assault contrary to s. 266 of the Criminal Code of Canada.

6. On November 2, 2007, the Member was sentenced to ten (10) intermittent days in jail and received twelve (12) months of probation.

7. On November 28, 2007, the Member filed a Notice of Appeal against the sentence, which was subsequently dismissed on October 17, 2008 [ ].

INCIDENT RELATED TO ALLEGATION OF PROFESSIONAL MISCONDUCT

8. The Member has known the Complainant and the Complainant’s ex-[spouse] for approximately five years. The Member and the Complainant’s ex-[spouse] developed a personal relationship and began living together in March 2005. In August and September 2006, several verbal altercations occurred between the Member and the Complainant. The Member’s relationship with the Complainant since then has been tense.

9. On the morning of September 4, 2006, after a verbal altercation over the phone with the Complainant, the Member acknowledged that, at or around 7:30 a.m., she drove to the Complainant’s apartment building to speak with her and put an end to what she felt was harassment.

10. It was found that upon her arrival, the Member started to scream and yell at the Complainant in front of the Complainant’s apartment building.

11. The Complainant then drove out of her parking garage in her vehicle and a dispute erupted between the Member and the Complainant. The Member moved towards the Complainant’s vehicle and banged on the hood.

12. The trial judge found that the Member physically assaulted the Complainant by reaching into the driver’s side window, biting her and pulling out her hair weave.

13. The Member had no prior criminal convictions.

14. The Member understands that her conduct was inappropriate. The Member recognizes that her conduct was unprofessional and reflects poorly upon the nursing profession. The Member is remorseful and regrets her actions.

ADMISSIONS OF PROFESSIONAL MISCONDUCT

15. The Member admits that she committed an act of professional misconduct, as set out in Allegation 1 of the Notice of Hearing, in that she was found guilty of an offence relevant to her suitability to practise on or about October 10, 2007.

Decision

The panel considered the Agreed Statement of Facts and finds that the facts support a finding of professional misconduct and, in particular, finds that the Member committed an act of professional misconduct as alleged in paragraph 1 of the Notice of Hearing in that the [M]ember was found guilty of an offence relevant to her suitability to practise. Although the incident involved did not take place during the course of the Member’s nursing practi[c]e, her conduct demonstrated a lack of judgment and personal restraint consistent with her own admission that her conduct was inappropriate, unprofessional and reflects poorly upon the nursing profession.

Penalty

Counsel for the College advised the panel that a Joint Submission as to Penalty had been agreed upon. The Joint Submission as to Penalty proposes that the panel make an order:

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 the Order.

2. Directing the Executive Director to impose the following terms, conditions and limitations on the Member’s certificate of registration:

(a) Requiring the Member to return her current Annual Payment Card to the College within fourteen (14) days of the date of the Order so that a new Annual Payment Card, indicating that the Member’s certificate of registration is subject to terms, conditions and/or limitations, can be issued. The Member’s Annual Payment Card shall be delivered to the College by a verifiable method of delivery, the proof of which the Member shall retain.

(b) The Member shall meet with the Director of Professional Conduct (“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 the Order to discuss:

i. The conduct for which she was found to have committed professional misconduct; [and]

ii. The Member’s responsibilities as a member of a self-regulated profession.

(c) Prior to the meeting with the Director, or the Director’s designate referred to in paragraph 2 (b), the Member shall:

i. review the following College publications: Professional Standards (Revised 2002); Ethics; What is CNO? Practi[s]ing Nursing; You and Your College.

Penalty Submissions

Counsel for the College submitted that the Member has no prior disciplinary history with the College, she was remorseful, and had taken responsibility for her actions. He noted that the criminal offence was not directly related to her practice as a nurse. As the Member had received a significant jail sentence and lost her employment, the College was not requesting a suspension and submitted that the penalty be limited to an oral reprimand and remediation.

Defence Counsel agreed with College Counsel’s submissions. He entered into evidence the Reasons for Judgment from the Ontario Superior Court of Justice regarding the Member’s appeal against sentence, as referred to in paragraph 7 of the Agreed Statement of Facts. Although the appeal was denied, in his reasons, [the appellate judge] wrote that the Member “had already suffered significant corollary effects for her conduct.” Defence Counsel submitted that the Member had lost her job and was unemployed for five months due to the difficulty [of] obtaining employment resulting from the criminal charge. He also mentioned the Member’s unblemished past and her high level of education, and submitted her actions were out of character.

Penalty Decision

The panel accepts the Joint Submission as to Penalty and accordingly makes an order:

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 the Order.

2. Directing the Executive Director to impose the following terms, conditions and limitations on the Member’s certificate of registration:

(a)Requiring the Member to return her current Annual Payment Card to the College within fourteen (14) days of the date of the Order so that a new Annual Payment Card, indicating that the Member’s certificate of registration is subject to terms, conditions and/or limitations, can be issued. The Member’s Annual Payment Card shall be delivered to the College by a verifiable method of delivery, the proof of which the Member shall retain.

(b)The Member shall meet with the Director of Professional Conduct (“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 the Order to discuss:

i. The conduct for which she was found to have committed professional misconduct; [and]

ii. The Member’s responsibilities as a member of a self-regulated profession.

(c) Prior to the meeting with the Director, or the Director’s designate referred to in paragraph 2 (b), the Member shall:

review the following College publications: Professional Standards (Revised 2002); Ethics; What is CNO? Practi[s]ing Nursing; You and Your College.

Reasons for Penalty Decision

The panel concluded that the proposed penalty is reasonable and in the public interest. The Member has cooperated with the College and, by agreeing to the facts and a proposed penalty, has accepted responsibility for her actions.

In considering specific deterrence for the Member, the panel took into account the severity of her criminal sentence and her loss of employment.

The panel finds that the remedial portion of the penalty is necessary and appropriate in keeping with the mandate of the College to protect the public.

I, Shiela Pendock, RN, 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:

Marilyn McGill, RPN

Karl Sweet, NP

Grace Isgro-Topping, Public Member

Gino Cucchi, Public Member