College of Nurses of Ontario v. Holmgren, 2018 ONCNO 145902

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Ingrid Wiltshire-Stoby, NP Chairperson Renate Davidson Public Member Carly Gilchrist, RPN Member Lina Kiskunas, RN Member Dale Lafontaine Public Member

BETWEEN:

COLLEGE OF NURSES OF ONTARIO ) EMILY LAWRENCE for ) College of Nurses of Ontario

• and - )

CHRISTOPHER HOLMGREN ) NO REPRESENTATION for Registration. No. 8325284 ) Christopher Holmgren

) CHRIS WIRTH

) Independent Legal Counsel

) Heard: October 18, 2018

AMENDED DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) on October 18, 2018 at the College of Nurses of Ontario (the “College”) at Toronto.

The Allegations

The allegations against Christopher Holmgren (the “Member”) as stated in the Notice of Hearing dated August 2, 2018 are as follows:

IT IS ALLEGED THAT:

1. 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 on December 21, 2015, in the Ontario Court of Justice in Toronto, Ontario, you were found guilty of offence(s) relevant to your suitability to practise, and in particular, one or more of the findings of guilt set out in Schedule A; and/or

2. 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(18) of Ontario Regulation 799/93, in that you contravened a term, condition or limitation on your certificate of registration and in particular:

a. You failed to provide the Executive Director of the College with the details of one or more of the criminal charge(s) set out in Schedule B, laid against you on or about June 18, 2015, as required by section 1.5(1)1ii of Ontario Regulation 275/94; and/or

b. You failed to provide the Executive Director with the details of one or more findings of guilt of offence(s) under Criminal Code of Canada set out in Schedule A, made against you on or about December 21, 2015, as required by section 1.5(1)1i of Ontario Regulation 275/94; and/or

3. 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(19) of Ontario Regulation 799/93, in that you contravened the Health Professions Procedural Code of the Nursing Act, 1991, S.O. 1991, c. 32, as amended, and the Nursing Act, 1991, S.O. 1991, c. 32, as amended, in particular:

a. You failed to file a report in writing with the Executive Director of the College after being found guilty under the Criminal Code of Canada of one or more of the offence(s) set out in Schedule A on or about December 21, 2015, as required by s. 85.6.1 of the Health Professions Procedural Code; and/or

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(24) of Ontario Regulation 799/93, when, having voluntarily surrendered your certificate of registration and undertaken not to engage in the practice of nursing until such time as your certificate is returned to you under the terms of a Memorandum of Agreement with the College dated September 26, 2012, you failed to abide by a written undertaking given to the College or to carry out an agreement entered into with the College, as follows:

a. On or about June 12, 2016, you submitted an application for employment in a nursing position as a Clinical Consultant with ParaMed, contrary to the terms of the Memorandum of Agreement with the College dated September 26, 2012; and/or

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 Regulation 799/93, in that you engaged in conduct or performed an act, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, in that:

a. On or about December 21, 2015, you were found guilty of the offence(s) relevant to your suitability to practise, one or more of those findings of guilt set out in Schedule A;

b. You failed to provide the Executive Director of the College with the details of one or more of the criminal charge(s) set out in Schedule B, laid against you on or about June 18, 2015, as required by section 1.5(1)1ii of Ontario Regulation 275/94, thereby contravening a term, condition or limitation on your certification of registration;

c. You failed to provide the Executive Director with the details of one or more findings of guilt of offence(s) under Criminal Code of Canada set out in Schedule A, made against you on or about December 21, 2015, as required by section 1.5(1)1i of Ontario Regulation 275/94, thereby contravening a term, condition or limitation on your certification of registration;

d. You failed to file a report in writing with the Executive Director of the College after being found guilty of offence(s) under Criminal Code of Canada on or about December 21, 2015, as required by s. 85.6.1 of the Health Professions Procedural Code, thereby contravening s. 85.6.1 of the Health Professions Procedural Code, one or more of those findings of guilt set out in Schedule A;

e. You applied for employment in a nursing role as a Clinical Consultant with ParaMed on or about June 12, 2016, when you

i. had voluntarily surrendered your certificate of registration and undertaken not to engage in the practice of nursing until such time as your certificate is returned to you under the terms of a Memorandum of Agreement with the College dated September 26, 2012; and/or

ii. were subject to a conditional sentence order and a probation order, issued by the Honourable Justice J.C. Moore of the Ontario Court of Justice, dated December 21, 2015, in which you were prohibited from practising or being employed as a nurse, and prohibited from holding out to be or impersonating an RN in any interviews, resumes, etc.;

f. On or about June 12, 2016, you submitted an application for employment to ParaMed for a nursing role of Clinical Consultant, which you knew contained false or misleading statements in respect of your academic credentials and/or your employment history;

g. On or about September 26, 2016 you submitted an application for employment for an Accreditation Consultant to ParaMed, which you knew contained false or misleading statements in respect of your academic credentials and/or your employment history; and/or

h. From on or about at least April 2017 to January 2018, you maintained a LinkedIn profile, which you knew contained false or misleading statements in respect of your academic credentials and/or your employment history.

Schedule A to the Allegations Against Christopher Holmgren

1. between November 1 and 21, 2013, you did fraudulently personate [Individual 1] with intent to gain employment with West Park Health Care Centre, contrary to section 403(1)(a) of the Criminal Code of Canada;

2. between January 10 and March 24, 2014, you did fraudulently personate [Individual 2] with intent to gain employment with The Health Team, contrary to section 403(1)(a) of the Criminal Code of Canada; and/or

3. between February 7 and March 25, 2014, you did attempt to defraud The St. Mary’s of the Lake Hospital of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada.

Schedule B to the Allegations Against Christopher Holmgren

1. between November 1 and 21, 2013, you did fraudulently personate [Individual 1] with intent to gain employment with West Park Health Care Centre, contrary to section 403(1)(a) of the Criminal Code of Canada;

2. between November 1 and 21, 2013, you did attempt to defraud The West Park Health Care Centre of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada;

3. between January 10 and March 24, 2014, you did fraudulently personate [Individual 2] with intent to gain employment with The Health Team, contrary to section 403(1)(a) of the Criminal Code of Canada;

4. between January 10 and March 24, 2014, you did attempt to defraud The Health Team of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada;

5. between February 7 and March 25, 2014, you did fraudulently personate [Individual 1] with intent to gain employment with The St. Mary’s of the Lake Hospital, contrary to section 403(1)(a) of the Criminal Code of Canada; and/or

6. between February 7 and March 25, 2014, you did attempt to defraud The St. Mary’s of the Lake Hospital of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada.

Member’s Plea

The Member admitted the allegations set out in paragraphs numbered 1, 2(a), 2(b), 3(a), 4(a) and 5(a), 5(b), 5(c), 5(d), 5(e)(i), 5(e)(ii), 5(f), 5(g) and 5(h) 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.

Agreed Statement of Facts

Counsel for the College and the Member advised the Panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts, which reads as follows.

THE MEMBER

1. Christopher D. P. Holmgren (the “Member”) obtained a diploma in nursing from St. Lawrence College in 1982.

2. The Member also holds a bachelor’s degree from McMaster University. He has no other post-secondary degrees.

3. The Member registered with the College of Nurses of Ontario (the “College”) as a Registered Nurse (“RN”) on January 1, 1983. The Member was suspended for non-payment of fees between April 24, 2003 and June 4, 2003 and between March 11, 2010 and September 26, 2012.

4. On September 26, 2012, the Member voluntarily surrendered his certificate of registration, after being referred to the Fitness to Practise Committee. As part of the Member’s agreement to voluntarily surrender his certificate of practice, he gave a written undertaking that he would not practise nursing until he was determined fit to do so, or hold himself out as a member in good standing.

PRIOR HISTORY

5. On May 17, 2013, the Member appeared before the Discipline Committee of the College regarding allegations that he engaged in professional misconduct, and specifically that he:

6. had been found guilty of an offence relevant to his suitability to practise nursing (fraud and uttering a forged document) and failed to report the finding of guilt to the College;

7. submitted applications for employment that contained false or misleading statements regarding his academic credentials and his employment history;

8. impersonated employment references;

9. held himself out while suspended for non-payment of fees; and

10. provided an employer with a police record check that he had falsified to omit his criminal findings of guilt.

11. The panel hearing those allegations accepted an Agreed Statement of Facts and found that the Member committed acts of professional misconduct as alleged.

12. The panel also accepted a Joint Submission on Order and ordered an oral reprimand, a six month suspension and terms, conditions and limitations on the Member’s certificate of registration, including employer notification for 24 months and two expert meetings. Apart from the oral reprimand, this Order will take effect when the Member obtains an active certificate of registration.

INCIDENTS RELEVANT TO ALLEGATIONS OF PROFESSIONAL MISCONDUCT

Criminal Charges and Findings of Guilt

8. On June 16, 2015, the Member was charged with the following six charges:

a. between November 1 and 21, 2013, he fraudulently personated [Individual 1] with intent to gain employment with West Park Health Care Centre, contrary to section 403(1)(a) of the Criminal Code of Canada;

b. between November 1 and 21, 2013, he attempted to defraud The West Park Health Care Centre of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada;

c. between January 10 and March 24, 2014, he fraudulently personated [Individual 2] with intent to gain employment with The Health Team, contrary to section 403(1)(a) of the Criminal Code of Canada;

d. between January 10 and March 24, 2014 he attempted to defraud The Health Team of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada;

e. between February 7 and March 25, 2014, he fraudulently personated [Individual 1] with intent to gain employment with The St. Mary's of the Lake Hospital, contrary to section 403(1)(a) of the Criminal Code of Canada;

f. between February 7 and March 25, 2014, he attempted to defraud The St. Mary's of the Lake Hospital of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada.

9. Each of these charges involved incidents in which the Member used the name and registration number of other members of the College, in an attempt to gain nursing employment. He engaged in this conduct within months of the Order of the Discipline Committee referenced above.

10. The Member did not self-report these criminal charges to the College.

11. On December 21, 2015, the Member pled and was found guilty on counts A, C and F above, being:

a. between November 1 and 21, 2013, he fraudulently personated [Individual 1] with intent to gain employment with West Park Health Care Centre, contrary to section 403(1)(a) of the Criminal Code of Canada;

c. between January 10 and March 24, 2014, he fraudulently personated [Individual 2] with intent to gain employment with The Health Team, contrary to section 403(1)(a) of the Criminal Code of Canada;

f. between February 7 and March 25, 2014, he attempted to defraud The St. Mary's of the Lake Hospital of a value not exceeding $5000, contrary to section 463(d) of the Criminal Code of Canada.

12. The Crown withdrew the other charges. The Member was sentenced to an 18 month[ ] Conditional Sentence Order and three years' probation.

13. The Conditional Sentence Order allowed the Member to serve his 18 month jail sentence in the community, as long as he obeyed the conditions of the Order. Among other things, the Conditions of the Order included home confinement for the first 12 months of the sentence, and an order that the Member not practise or be employed as a nurse and not hold himself out to be, or impersonate an RN in any interviews, resumes etc.

14. The 18 month Conditional Sentence Order ran until June 2017.

15. The Member did not report the criminal findings of guilt to the College.

Applications to ParaMed

16. In June and September 2016, only a few months after being found guilty of impersonation and fraud and while subject to the Conditional Sentence Order, the Member applied to ParaMed for two nursing-related positions.

17. The first was a Clinical Consultant position. According to the position’s description, the position required an undergraduate in nursing, with a preference for a candidate with masters-level education. It also required a candidate in good standing with the College.

18. On June 12, 2016, the Member submitted an electronic job application in which:

• Under Education, he listed McMaster University; Ryerson Polytechnical University; University of Toronto (Fellow Massey College); Queens University (Certification in Infection); St. Lawrence College (Diploma, Nursing) (without dates or degrees conferred);
• Under Certifications, he stated “Registered Nurse”
• Under Work Experience, he listed:
  • Manager, Crisis Health, Halifax, from December 2005 to Present
  • Central Park Lodges – Versa Care Centre, Associate Director January 2003-December 2005;
  • Crisis Intervention, Nurse Manager, Inpatient-Outpatient, St Michael’s Hospital, January 1996 to January 2003.

19. The Member admits that he falsified his academic credentials, in that he does not possess degrees from the University of Toronto, Ryerson University, or Queen’s University. He further admits that he intended to hold himself out as a member of the College in good standing, and that he did not make clear in his application that his certificate of registration was voluntarily surrendered and that he was not permitted to practise nursing. The Member further admits that he falsified his employment history, in that that he did not work at Crisis Health or Central Park Lodges at any time.

20. ParaMed did not grant the Member an interview or offer him a position as a Clinical Consultant.

21. In September, the Member applied for a different position with ParaMed, an Accreditation Consultant. A nursing background was not necessarily required for this position, but it was an asset.

22. On September 26, 2016, the Member submitted an electronic job application in which:

• In the Candidate Summary, he stated that he has master’s degrees in nursing, business administration, health administration and in public health.
• In his attached resume, he identified himself as Chris Holmgren MHScAdmin PMP
• Under Education, he listed:
  • NP Adult 2009 - Ryerson Polytechnical University;
  • MN 2007 (no school listed);
  • MHSc 2005 University of Toronto (Fellow Massey College)
  • BScN 1996 - Ryerson Polytechnical University;
  • BA – 1990 (Summa cum laude) McMaster University;
  • Certification in Infection - Queens University 2011;
  • Diploma, Nursing, St. Lawrence College.
• He stated he has various certifications – Psychiatry/Mental Health;/Geronotology and a CAN certification;
• He stated that he was a member of RNAO;
• Under professional memberships, he did not list that he is a member of the College;
• Under Work Experience, he listed:
  • Manager, Crisis Health, Halifax, from December 2005 to present
  • Central Park Lodges – Versa Care Centre, Accreditation Director and Associate Director of Care/Staff Educator January 2003-December 2005;
  • Crisis Intervention, Nurse Manager, Inpatient-Outpatient, St Michael’s Hospital, January 1996 to January 2003.

23. The Member admits that he falsified his academic credentials, in that he does not possess degrees from the University of Toronto, Ryerson University, or Queen’s University, nor any masters’ level degrees. He further admits that he intended to hold himself out as a member of the College in good standing, and that he did not make clear in his application that his certificate of registration was voluntarily surrendered and that he was not permitted to practise nursing. The Member further admits that he falsified his employment history, in that that he did not work at Crisis Health or Central Park Lodges at any time.

24. ParaMed did not grant the Member an interview or offer him a position as an Accreditation Coordinator.

25. Par[a]Med reported the Member to the College.

26. The Member acknowledges that his conduct was contrary to his undertaking with the College and his Conditional Sentence Order. The Member acknowledges that he acted disgracefully, dishonourably and unprofessionally when he submitted applications to ParaMed when he was not permitted to practise and which contained false and misleading information about his academic and employment history.

Falsification of Credentials on Social Media

27. On his LinkedIn page (as of January 2018), the Member stated that:

• he has been a part-time Director of Strategic Planning with the Government of Ontario since December 2015, which is false;
• from January 2012 to January 2014, he was a Senior Consultant with the Government of Ontario, which is false;
• from December 2008 to 2012, he worked at Drs John and Paul Rekai Care Centres, which is not accurate (he was terminated from that employment in 2006 or 2007);
• from November 2000 to November 2008, he was part-time staff at Mount Sinai, which is false as he worked at Mount Sinai in the early 2000s.
• He states his education, falsely, as:
  • University of Toronto, Masters of Nursing Science, Health Services/Allied Health/Health Sciences, General 2000 – 2002;
  • Harvard T.H. Chan School of Public Health, Master of Public Health (M.P.H.), Mental and Social Health Services and Allied Professions 2015 – 2016;
  • Queen's University, Master of Business Administration (MBA), Health/Health Care Administration/Management, Advanced standing entry, summa cum laude, 2010 – 2012;
  • Ryerson University, Bachelors, Nursing Science, 1996 – 1999.

28. The Member does not state that he is a Registered Nurse on LinkedIn.

29. The Member acknowledges that the information on his LinkedIn profile is false and misleading.

30. The Member acknowledges that he acted disgracefully, dishonourably and unprofessionally when he maintained a social media presence[ ] on LinkedIn that suggests that he is permitted to practise nursing when he is not, and which contained false and misleading information about his academic and employment history.

ADMISSIONS OF PROFESSIONAL MISCONDUCT

31. The Member admits that he committed the acts of professional misconduct as described in paragraphs 5 to 15 above, and as alleged in paragraph 1 of the Notice of Hearing (Schedule A), in that he was found guilty of offences relevant to his suitability to practise nursing in that he was found guilty of fraudulently impersonating two members of the College, contrary to section 403(1)(a) of the Criminal Code of Canada and he was found guilty of attempting to defraud The St. Mary’s of the Lake Hospital of a value not exceeding $5,000, contrary to section 463(d) of the Criminal Code of Canada.

32. The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 2(a) and (b) of the Notice of Hearing, as described in paragraphs 5 to 15 above, in that he contravened a terms, condition or limitation on his certificate of registration by failing to report to the Executive Director that he was charged with the offences listed in Schedule B to the Notice of Hearing and failing to report to the Executive Director that he was found guilty of the offences listed in Schedule A to the Notice of Hearing.

33. The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 3(a) of the Notice of Hearing, as described in paragraphs 5 to 15 above, in that he failed to report to the Executive Director that he had been found guilty of one or more of the offences listed in Schedule A to the Notice of Hearing, as required by section 85.6.1 of the Health Professions Procedural Code.

34. The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 4(a) of the Notice of Hearing, as described in paragraphs 16 to 30 above, in that he breached a written undertaking to the College not to engage in the practice of nursing when he applied for employment in a nursing position at ParaMed, contrary to the Memorandum of Agreement with the College, dated September 26, 2012.

35. The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 5 (a), (b), (c), (d), (e), (f), (g) and (h) of the Notice of Hearing, and in particular that his conduct was disgraceful, dishonourable and unprofessional, as described in paragraphs 5 to 30 above.

Decision

The College bears the onus of proving the allegations in accordance with the standard of proof, that being the balance of probabilities, based upon clear, cogent and convincing evidence. Having considered the evidence and the onus and standard of proof, the Panel considered the Agreed Statement of Facts and finds that the facts support a finding that the Member committed acts of professional misconduct as alleged in paragraphs 1, 2(a), 2(b), 3(a), 4(a) and 5(a), 5(b), 5(c), 5(d), 5(e)(i),(ii), 5(f), 5(g), 5(h). As to allegation 5, the Panel finds that the Member engaged in conduct that would reasonably be considered by members to be disgraceful, dishonourable and unprofessional.

Reasons for Decision

The Panel also considered the advice of Independent Legal Counsel that the facts agreed to should support the allegations that have been admitted. We were reminded that we should consider both the Notice of Hearing and the Agreed Statement of Facts carefully.

Allegation 1 in the Notice of Hearing is supported by paragraph[ ] 11 in the Agreed Statement of Facts. Allegation 2(a) in the Notice of Hearing is supported by paragraphs 8 and 10 in the Agreed Statement of Facts. Allegation 2(b) in the Notice of Hearing is supported by paragraphs 11, 12, 13, 14 and 15 in the Agreed Statement of Facts. Allegation 3(a) in the Notice of Hearing is supported by paragraphs 11, 12, 13, 14 and 15 in the Agreed Statement of Facts. The Member repeatedly failed to report to the Executive Director criminal charges and a guilty plea to six criminal offences which included defrauding and impersonating random nurses registered with the College in good standing in order to obtain nursing employment. The Member also breached the terms, limitations and conditions previously placed on the Member’s certificate of registration on May 17, 2013.

Allegation 4(a) in the Notice of Hearing, is supported by paragraphs 16 and 18 in the Agreed Statement of Facts. The Member admits to and acknowledges falsifying his academic and employment history on his curriculum vitae in order to gain employment. As a result of a December 21, 2015 criminal case, the Member was placed on a conditional sentence order in which the Member was prohibited from practising or being employed as a nurse, and prohibited from holding himself out to be or impersonating an RN in any interviews or on resumes, etc. He also agreed to an undertaking with the College which imposed conditions, limitations and restrictions on his certificate.

With respect to Allegation 5, the Panel finds that the Member’s conduct was unprofessional as it demonstrated a serious and persistent disregard for his professional obligations. The Panel also finds that the Member’s conduct was dishonourable. It demonstrated an element of dishonesty and deceit through his willingness to defraud and impersonate other nurses within the profession, putting his needs before others and potentially putting the public in jeopardy. Finally, the Panel finds that the Member’s conduct was disgraceful as it shames the Member and by extension, the profession. The repeated conduct casts serious doubt on the Member’s moral fitness and inherent ability to discharge the higher obligations the public expects professionals to meet.

Penalty

Counsel for the College and the Member advised the Panel that a Joint Submission on Order had been agreed upon. The Joint Submission requests that this Panel make an order as follows:

1. Requiring the Member to appear before the Panel to be reprimanded within three months of the date that this Order becomes final.

2. Directing the Executive Director to immediately revoke the Member’s certificate of registration.

Penalty Submissions

College Counsel submitted a Joint Submission on Order which protects the public with components of specific and general deterrence. The Member indicated that he agreed with those submissions. Both parties agreed that the Member was fully cooperative and remorseful for his actions. It should be noted no harm was brought to clients/patients. Aggravating factors included the Member’s persistent disregard for his professional responsibilities, demonstrating deceit and dishonesty. This repeated pattern of behaviour demonstrates that the Member is ungovernable.

Counsel submitted one case to the Panel to demonstrate that the proposed penalty fell within the range of a similar case from this Discipline Committee.

CNO v. D’Ascanio (Discipline Committee, June, 2017). In this case, the member, licensed as an RN, repeatedly impersonated herself as a nurse practitioner, prescribing medication to patients not within her scope of practice. The member's certificate was revoked.

Penalty Decision

The Panel accepts the Joint Submission as to Order and accordingly orders:

1. The Member is required to appear before the Panel to be reprimanded within three months of the date that this Order becomes final.

2. The Executive Director is directed to immediately revoke the Member’s certificate of registration.

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 action. The penalty provides the message of dissuasion to this Member and other members, so as to discourage this conduct. The Panel finds that the penalty satisfies the principles of specific deterrence of the Member, general deterrence for the profession, and the public interest and assurance that the public trust in the profession will be maintained.

I, Ingrid Wiltshire-Stoby, NP, sign this decision and reasons for the decision as Chairperson of this Discipline Panel and on behalf of the members of the Discipline Panel.