DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO
PANEL: April Plumton, RPN Chairperson Tracy Richardson, RN Member Dennis Curry, RN Member Gino Cucchi Public Member John Bald Public Member
B E T W E E N:
COLLEGE OF NURSES OF ONTARIO ) JEAN-CLAUDE KILLEY for ) College of Nurses of Ontario
- and - ) ROLAND JOSEPH HUFF ) NO REPRESENTATION for Registration No. HG04231 ) Roland Joseph Huff ) LUISA RITACCA ) Independent Legal Counsel
) Heard: July 5, 2012
DECISION AND REASONS
This matter came on for hearing before a panel of the Discipline Committee on July 5th, 2012 at the College of Nurses of Ontario ("the College") at Toronto.
As Roland Joseph Huff (the "Member") was not present, the hearing recessed for twenty (20) minutes to allow time for the Member to appear. Upon reconvening the panel noted that the Member was not in attendance.
Counsel for the College provided the panel with an Affidavit of Service [ ] confirming that the Member had been sent the Notice of Hearing on April 18, 2012. The panel was satisfied that the Member had received adequate notice and therefore proceeded with the hearing in the Member's absence.
The Allegations
The allegations against Roland Joseph Huff (the "Member") as stated in the Notice of Hearing dated April 18th, 2012, are as follows.
IT IS ALLEGED THAT:
- You have 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 you were found guilty of an offence that is relevant to your suitability to practise, and in particular:
a) on about March 16, 2011, you were found guilty of the offence of sexual assault, contrary to s. 246.1 of the Criminal Code of Canada;
b) on about March 16, 2011, you were found guilty of the offence of sexual assault, contrary to s. 246.1 of the Criminal Code of Canada; and/or
c) on about March 16, 2011, you were found guilty of the offence of gross indecency, contrary to s. 157 of the Criminal Code of Canada.
Member's Plea
Given that the Member was not present nor represented, he was deemed to have denied the allegations in the Notice of Hearing. The Hearing proceeded on the basis that the College bore the onus of proving the allegations in the Notice of Hearing against the Member.
Overview
The College sought a publication ban, in keeping with the publication ban obtained during the criminal proceedings in this matter, in order to ensure that the names or other identifying features of the complainants would not be revealed. The panel granted the College's request for a publication ban of any information that could lead to the identification of the complainants. The panel's order was read aloud in the hearing room immediately after it was made and a notice was affixed to the entrance into the hearing room.
The Member attended [ school] for nursing assistants, [and college] to further develop his skills and acquire certifications in nursing specialities. The Member consider[ed] himself to be retired as recorded in the pre-sentence report, dated 05/31/2011.
As set out below, the panel found the Member to have committed professional misconduct in that he was found guilty of an offence that is relevant to his suitability to practise.
The Evidence
The panel considered the following uncontested evidence with respect to the Member's suitability to practi[s]e, set out in allegations #1 (a) (b) (c) of the Notice of Hearing.
The College filed a Book of Documents, containing the Member's Indictment (dated October 19, 2009), Reasons for Judgment in the criminal case, dated March 16, 2011, a pre-sentence report, dated May 31, 2011, and Reasons for Sentence, dated September 16, 2011 [ ]. The information contained in the various documents outlined the Member's convictions, which included two counts of sexual assault and one count of gross indecency [ ].
Submissions
College Counsel submitted that the evidence clearly proved the Member had been found guilty of a criminal offence which was relevant to the Member's suitability to [practise] nursing. The Member committed abuse of trust over a vulnerable individual. By all standards of nursing, his conduct was not acceptable. His actions broke public trust, were a disgrace to the profession as a whole, and would result in the erosion of public confidence in the profession.
Decision
Having considered the evidence and the onus and standard of proof, the panel finds that the Member committed acts of professional misconduct as alleged in paragraphs 1 (a) (b) (c) of the Notice of Hearing.
In particular, the Member committed acts of professional misconduct in that the Member was convicted of numerous criminal offen[c]es, which are relevant to his suitability to practi[s]e nursing.
Reasons for Decision
The panel finds that the Member's criminal offen[c]es are relevant to his suitability to practi[s]e as he was found guilty of criminal offences, involving sexual assault and gross indecency. The offences were perpetrated on a young [person], over a long period of time. The Member breached a serious trust in that he committed these acts against [a young person in relation to whom the Member was in a position of trust]. The Member's actions violate the cornerstone of the nursing profession, those being honesty, integrity and trustworthiness. Protecting and caring for the vulnerable are values that are at the heart of the nursing profession.
Penalty Submissions
Counsel for the College argued that the Member's certificate of registration should be revoked immediately.
During the penalty phase of the hearing, the College noted that in the pre-sentence report [ ], the Member [ ] denied any difficulties with drug or alcohol abuse. Counsel then filed a prior decision of this College's Fitness to Practise Committee, wherein the Member was found to be incapacitated by reason of a "chemical dependence" [ ]. Counsel for the College submitted that the fact the Member appears to have denied any drug or alcohol difficulties in 2011, when 6 years earlier he was found to be incapacitated by the Fitness to Practise Committee, strongly suggests a lack of respect for the College and court processes to which the Member was subject.
Penalty Decision
The panel directs the Executive Director to revoke the Member's certificate of registration with immediate effect.
Reasons for Penalty Decision
Reasons for revocation are
The Member did not [ ] attend the hearing, thus displaying his lack of respect for the nursing profession and his lack of governability.
The court documents from the Member's criminal proceedings contained the Member's convictions, which included two counts of sexual assault and one count of gross indecency involving a [a vulnerable person with whom the Member was in a position of trust], indicate that the Member's behaviour so far crosses the line of any professional nurse that revocation rather than rehabilitation is indicated. The penalty of revocation is fair and appropriate in the circumstances in that it protects the public and sends a strong message to the membership that this type of behaviour will not be tolerated. This conduct is not suitable for a member of the College, and does not inspire public confidence in the College's ability to govern its members and to ensure that those who are unsuitable to practise nursing are prevented from doing so in the province.
It appears from the pre-sentence report filed during the sentencing phase of his criminal proceedings, the Member failed to report his prior addiction issues. The Member appears to have denied any drug or alcohol difficulties in 2011, when 6 years earlier he was found to be incapacitated by the Fitness to Practise Committee. This again calls into question the Member's governability.
Counsel for the College submitted that revocation of the Member's certificate of registration would be the only penalty that would uphold the panel's responsibility to protect the public. The panel agrees.
I, April Plumton, RPN, 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
Tracy Richardson, RN
Dennis Curry, RN
Gino Cucchi, Public Member
John Bald, Public Member