College of Nurses of Ontario v. Lawrence Anthony Durham, 2023 ONCNO 121601

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PANEL: Karen Laforet, RN Chairperson Jay Armitage, Public Member Carly Gilchrist, RPN Member Tyler Hands, RN Member Sandra Larmour, Public Member

BETWEEN:

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

• and - ) LAWRENCE ANTHONY DURHAM ) CHRISTOPHER BRYDEN for Registration No. 8834434 ) Lawrence Anthony Durham ) PATRICIA HARPER ) Independent Legal Counsel ) Heard: May 12, 2023

DECISION AND REASONS

This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) of the College of Nurses of Ontario (the “College”) on May 12, 2023, via videoconference.

Publication Ban

College Counsel brought a motion pursuant to s.45(3) of the Health Professions Procedural Code of the Nursing Act, 1991, for an order preventing public disclosure and banning the publication or broadcasting of the names of the Member’s colleagues, or any information that could disclose their identities, referred to orally or in any documents presented at the Discipline hearing of Lawrence Anthony Durham.

The Panel considered the submissions of College Counsel and the Member’s Counsel and decided that there be an order preventing public disclosure and banning the publication or broadcasting of the names of the Member’s colleagues, or any information that could disclose their identities, referred to orally or in any documents presented at the Discipline hearing of Lawrence Anthony Durham.

The Allegations

The allegations against Lawrence Anthony Durham (the “Member”) as stated in the Notice of Hearing dated February 7, 2023 are as follows:

IT IS ALLEGED THAT:

1. 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(1) of Ontario Regulation 799/93, in that, while practicing as a Registered Nurse at London Health Sciences Centre in London, Ontario, you contravened a standard of practice of the profession or failed to meet the standards of practice of the profession, and in particular:

(a) On or about December 14, 2019, you engaged in inappropriate conduct toward Colleague [A] when you touched [A]’s upper thigh;

(b) On or about December 15, 2019, you engaged in inappropriate conduct toward Colleague [A] when you touched [A]’s neck and/or shoulders;

(c) On a date between January and March 2020, you engaged in inappropriate conduct toward Nursing Student [B] when you poked [B]’s chest and/or ran your finger(s) down [B]’s spine from the upper back to the upper buttocks;

(d) On or about February 11, 2021, you engaged in inappropriate conduct toward Colleague [D] when you ran your finger near [D]’s breast and/or brushed against [D]’s buttocks with your hand on multiple occasions, and/or brushed the front of your body against [D], and/or [D] in the hip and groin area on one or more occasions; and/or

(e) On one or more dates between January 1 and February 16, 2021, you engaged in inappropriate conduct toward Colleague [C] when you sat on [C]’s hand while it was resting on a desk, and/or leaned your leg into [C]’s body, and/or entered [C]’s personal space, and/or ran your finger(s) or hand down [C]’s arm and/or commented on the tattoos on [C]’s arm by stating, “these are beautiful” or words to that effect; 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(37) of Ontario Regulation 799/93, in that, while practicing as a Registered Nurse at London Health Sciences Centre in London, Ontario, 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, and in particular:

(a) On or about December 14, 2019, you engaged in inappropriate conduct toward Colleague [A] when you touched [A]’s upper thigh;

(b) On or about December 15, 2019, you engaged in inappropriate conduct toward Colleague [A] when you touched [A]’s neck and/or shoulders;

(c) On a date between January and March 2020, you engaged in inappropriate conduct toward Nursing Student [B] when you poked [B]’s chest and/or ran your finger(s) down [B]’s spine from the upper back to the upper buttocks;

(d) On or about February 11, 2021, you engaged in inappropriate conduct toward Colleague [D] when you ran your finger near [D]’s breast and/or brushed against [D]’s buttocks with your hand on multiple occasions, and/or brushed the front of your body against [D], and/or nudged [D] in the hip and groin area on one or more occasions; and/or

(e) On one or more dates between January 1 and February 16, 2021, you engaged in inappropriate conduct toward Colleague [C] when you sat on [C]’s hand while it was resting on a desk, and/or leaned your leg into [C]’s body, and/or entered [C]’s personal space, and/or ran your finger(s) or hand down [C]’s arm and/or commented on the tattoos on [C]’s arm by stating, “these are beautiful” or words to that effect.

Member’s Plea

The Member admitted the allegations set out in paragraphs 1(a), (b), (c), (d), (e) and 2(a), (b), (c), (d) and (e) 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

College Counsel and the Member’s Counsel advised the Panel that agreement had been reached on the facts and introduced an Agreed Statement of Facts which, as amended, reads, unedited, as follows:

THE MEMBER

1. Lawrence Anthony Durham (the “Member”) registered with the College of Nurses of Ontario (“CNO”) as a Registered Nurse (“RN”) on June 9, 1988. The Member resigned his certificate of registration on January 9, 2023.

2. The Member was employed at London Health Sciences Centre (the “Hospital”) from July 2006 until April 8, 2021. From 2011 to the end of his employment, the Member worked as a full-time RN in the Acute Medicine Unit at the Hospital.

PRIOR HISTORY

3. The Member has no prior disciplinary findings with CNO.

INCIDENTS RELEVANT TO ALLEGATIONS OF PROFESSIONAL MISCONDUCT

December 14 and 15, 2019: Incident with [A] (“Nurse A”)

4. On December 14, 2019, the Member touched the upper thigh of his co-worker, Nurse A.

5. On December 15, 2019, the Member came up behind Nurse A and put his hands on her neck and shoulder area. Nurse A responded by asking the Member not to touch her.

6. Another RPN colleague ([ ]) witnessed the Member place his hands on Nurse A’s neck and shoulders for a few seconds, before Nurse A became angry and told the Member not to touch her.

7. Nurse A reported concerns regarding the Member’s actions to the Clinical Manager on December 16, 2019. She conveyed that the Member touching her upper thigh and put his hands on her neck and shoulder area was unwelcome and made her uncomfortable.

January to March 2020: Incident with RN Student, [B] (“Nurse B”)

8. Nurse B, a nursing student at the material time, completed a placement at the Hospital between January and March 2020. She was later hired as nursing staff.

9. At some point during her placement, Nurse B worked alongside her preceptor, [ ], floating during a night shift. They attended the Member’s work area to cover breaks.

10. During that shift, the Member approached Nurse B repeatedly and touched her in an inappropriate and unwanted manner twice. First, the Member took her to a patient’s room and showed her a patient’s chest tube. As they were leaving the room, the Member stood close to Nurse B, and she was uncomfortable. He gestured to her chest, and then poked her chest at her upper middle sternum, between her breasts. Nurse B was uncomfortable, tried to end the conversation and left the room.

11. Second, while Nurse B was seated at the front desk, the Member said to her that his back hurt. He then took his fingers and ran them down Nurse B’s spine from her upper back to her upper buttocks, while she was sitting. Nurse B was in shock.

12. Nurse B did not report to the Hospital at the time, as she feared it could negatively impact her chance of obtaining a post-placement position at the Hospital. The incident came to the Hospital’s attention in the course of a fact-finding meeting with Nurse A in February 2021.

January 2021 and February 16, 2021: Incident with [C] (“Nurse C”)

13. Nurse C began working on the Acute Medicine Unit in December 2020.

14. Nurse C and the Member worked together on two shifts in January and February 2021. During these shifts, the Member repeatedly invaded Nurse C’s personal space, forcing Nurse C to step back. When Nurse C asked the Member to step back, the Member responded with laughter.

15. During one of these two shifts, Nurse C was seated and writing at the desk, when the Member was giving report to another nurse. Nurse A was sitting beside Nurse C at a separate computer. The Member walked around Nurse A and deliberately sat on Nurse C’s hand, which was on the desk.

16. Nurse C pulled her hand away quickly and said: “Lawrence, excuse me,” following which the Member laughed. The Member also leaned his thigh into Nurse C’s waist and mid-torso area while he was seated.

17. Nurse C has tattoos on her arm. During the other shift they worked together, on or around February 16, 2021, Nurse C was writing at the desk and the Member ran his hand down her arm on her tattoos and said, “oh these are beautiful”. Nurse C said, “please don’t touch me” and the Member laughed.

February 11, 2021: Incident with [D] (“Nurse D”)

18. On February 11, 2021, the Member and Nurse D worked together during the day shift from 0700 – 1900 hours. This was Nurse D’s second day on the Acute Medicine Unit. She had previously completed a placement at the Hospital with Nurse A as her preceptor.

19. As the Member was introducing himself to Nurse D, he ran his finger across her nametag, which was pinned to her chest on top of her breast. The Member noted that Nurse D and his daughter had the same first name. Nurse D could feel the Member touch her name tag and it made her feel very uncomfortable. This was witnessed by Nurse A.

20. During the shift, on five or six occasions, when the Member would walk by Nurse D, his hand brushed her buttocks, as his arms were swaying while walking. The Member apologized on the first instance, but it persisted to happen despite ample space to walk around and avoid contact with Nurse D.

21. Over the course of the day, Nurse D adjusted her position to avoid contact with the Member, by standing against a wall.

22. On one occasion, while Nurse D was in the front of the raised area of the clerk desk, the Member brushed the entire front of his body against the back of her body, even though there was approximately four feet of space behind Nurse D.

23. At the end of shift, staff were giving report to the oncoming night shift. The Member was kneeling by the chair Nurse D was sitting in, resting his arm on the seat. Nurse D shimmied to avoid contact with him. The Member also placed his arm on Nurse D’s leg for a period of time while giving report. When Nurse D finished giving her report, the Member nudged and/or poked her groin and hip area twice with his fingers, the way one would nudge someone if telling a joke (which they were not). Nurse A observed this interaction as well.

24. Nurse D felt embarrassed and humiliated by the Member’s conduct towards her.

The Member’s Acknowledgements

25. The Member acknowledges that his conduct towards his colleagues was improper and unacceptable. He deeply regrets his actions and that he caused his coworkers to feel uncomfortable and embarrassed, and in some cases humiliated.

26. The Member acknowledged that he moved Nurse D’s name badge so that he could read it better. If the Member were to testify, he would state that he did not intend to run his finger near Nurse D’s breast, however, he does not dispute that it was the ultimate effect of his action. The Member acknowledged that this physical contact was improper, and he regretted that he caused Nurse D to feel very uncomfortable.

27. The Member acknowledges that he had a lack of awareness of and respect for the personal space of others. If he were to testify, the Member would state that he did not appreciate, at the time, that his actions were unwanted or that his colleagues perceived his conduct as an invasion of personal space and sexually charged. He would further state that he did not appreciate the impacts he was having on his coworkers, and that the Acute Medicine Unit had a great deal of collegial and friendly physical contact amongst and between colleagues. If he testified, he would deny any sexual motivation. Nevertheless, he acknowledges and appreciates that his colleagues perceived his touching his colleagues on their arms, neck, shoulders, back, upper buttocks, chest area as an invasion of personal space, as having a sexual nature, and well beyond the scope of acceptable collegial physical contact amongst colleagues.

28. The Member has engaged in self-reflection and education regarding workplace harassment and appreciates and understands the extent to which his conduct was improper.

CNO STANDARDS

29. CNO’s Professional Standards provide that each nurse is accountable to the public and responsible for ensuring her or his practice and conduct meets legislative requirements and the standards of the profession. Nurses are accountable for conducting themselves in ways that promote respect for the profession.

30. The Professional Standards practice standard sets out an expectation that nurses meet the leadership standard by, among other things, showing integrity and role-modelling professional values, beliefs and attributes.

31. The Ethics practice standard sets out the ethical standards that apply to nurses. These include a commitment to the nursing profession to uphold the standards of the profession, conduct themselves in a manner that reflects well on the profession, and to participate in and promote the growth of the profession.

32. The Ethics practice standard also establishes that nurses have a commitment to each other and to other members of the healthcare team. Ethical nurses are concerned about the well-being of nursing colleagues and therefore are respectful toward each other. Establishing and maintaining collegial relationships requires nurses to use a wide range of effective communication strategies and interpersonal skills. Respectful behaviour among nurses contributes to the best possible outcomes for clients.

ADMISSIONS OF PROFESSIONAL MISCONDUCT

33. The Member admits that he failed to maintain the standards of the profession when he engaged in the conduct as described above.

34. The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 1 (a) to (e) of the Notice of Hearing, as described in paragraphs 9 to 28 above.

35. The Member admits that he committed the acts of professional misconduct as alleged in paragraphs 2 (a) to (e) of the Notice of Hearing, and in particular his conduct was dishonourable and unprofessional, as described in paragraphs 9 to 28 above.

Submissions on liability were made by College Counsel.

College Counsel submitted that the Agreed Statement of Facts directly and specifically references the evidence before the Panel and supports each of the allegations. College Counsel submitted that the Member engaged in a series of interactions with co-workers that included touching and comments that were unwelcome. College Counsel submitted that the Member admitted that this conduct was improper, unacceptable and dishonourable.

College Counsel submitted that the Agreed Statement of Facts contain summaries of the relevant standards of practice as articulated in the published Professional Standards and the Ethics Practice Standard. These standards include the requirement to engage in appropriate leadership, to have integrity, to respect colleagues and to maintain professional and collegial relationships.

College Counsel submitted that it is clear that the Member made his co-workers, including co-workers he had just met, feel uncomfortable. College Counsel submitted that the Panel has ample evidence to conclude that the Member’s conduct failed to meet the basic and fundamental standards of respect, integrity and professional relationships.

College Counsel submitted that the Member admitted that his conduct was both dishonourable and unprofessional. College Counsel submitted that the Panel should accept the characterization of dishonourable and unprofessional for the conduct. College Counsel submitted that it was unprofessional as it was a clear, persistent disregard of the standards of practice, and it was dishonourable in that the Member displayed a persistent disregard for his co-worker's personal space and their bodily autonomy. The Member knew or ought to have known that engaging in that kind of physical touch of co-workers and nursing students was inappropriate.

College Counsel submitted that based on the facts provided and evidence before the Panel, in conjunction with the Member’s admissions, the College has proven on a balance of probabilities that the Member has engaged in the misconduct as alleged.

Submissions on liability were made by the Member’s Counsel.

The Member’s Counsel submitted that the Member has been a nurse for over 30 years, he is deeply regretful and remorseful for the conduct before the Panel and the impact it had on the Member’s former co-workers. The Member’s Counsel reinforced to the Panel that the Member’s motive does not impact whether the conduct was appropriate or not. The Member’s Counsel submitted that the Member acknowledged that his conduct was not appropriate and that it constituted professional misconduct.

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 finds that the Member committed acts of professional misconduct as alleged in paragraphs 1(a), (b), (c), (d), (e) and 2(a), (b), (c), (d) and (e) of the Notice of Hearing. As to allegation 2(a), (b), (c), (d) and (e), the Panel finds that the Member engaged in conduct that would reasonably be regarded by members of the profession to be unprofessional and dishonourable.

Reasons for Decision

The Panel considered the Agreed Statement of Facts and the Member’s plea and finds that this evidence supports findings of professional misconduct as alleged in the Notice of Hearing.

Allegations #1(a) and (b) in the Notice of Hearing are supported by paragraphs 4-7, 25, 27-28 and 34 in the Agreed Statement of Facts. The Member admitted to these allegations. The Member admitted that while he was employed at London Health Sciences Centre (the “Hospital”) he touched Colleague [A] (“[A]”) on the upper thigh. On December 15, 2019, the Member came up behind [A] and placed his hands on her neck and shoulder area. [A] reported the Member’s actions to her manager and conveyed that when the Member touched her upper thigh and put his hands on her neck and shoulders it was unwelcome and made her feel uncomfortable.

Allegation #1(c) in the Notice of Hearing is supported by paragraphs 8-12, 25, 27-28 and 34 in the Agreed Statement of Facts. The Member admitted to this allegation. At the time of the incident the nurse was a nursing student and was later hired as a nursing staff member. The Member approached Nursing Student [B] (“[B]”) repeatedly and touched her in an inappropriate manner twice. In the first incident, the Member took her to a patient’s room and as they were leaving the room, the Member gestured to [B]’s chest and poked her chest in the middle of her sternum between her breasts. The second incident occurred when [B] was seated at a desk and the Member said to [B] that his back hurt. The Member then took his fingers and ran them down [B]’s spine from her upper back to her upper buttocks. [B] did not report the incidents to the Hospital at the time as she feared it could impact her chance of obtaining post-placement employment. The incidents came to the Hospital’s attention in the course of a fact-finding meeting with [A].

Allegation #1(d) in the Notice of Hearing is supported by paragraphs 18-28 and 34 in the Agreed Statement of Facts. The Member admitted to this allegation. On February 11, 2021, the Member was introducing himself to Colleague [D] (“[D]”) when he ran his finger across her nametag, which was pinned to her chest on top of her breast. [D] could feel the Member touch her nametag which made her feel very uncomfortable. This incident was witnessed by [A]. On five or six occasions, when the Member would walk by [D] his hand would brush her buttocks. On one occasion, the Member brushed the entire front of his body against the back of [D]’s body even though there was approximately four feet of space behind her. While [D] was reporting to the oncoming night shift, the Member placed his arm on [D]’s leg and when she was finished giving her report, the Member nudged and/or poked her groin and hip area twice with his fingers. This interaction was witnessed by [A].

Allegation #1(e) in the Notice of Hearing is supported by paragraphs 13-17, 25, 27-28 and 34 in the Agreed Statement of Facts. The Member admitted to this allegation. Between January and February 2021, the Member and Colleague [C] (“[C]”) worked together on two shifts. During these two shifts the Member repeatedly invaded [C]’s personal space. [C] asked the Member to step back, the Member responded with laughter. While the Member was giving a report to another nurse, he deliberately sat on [C]’s hand, which was on the desk. During the same interaction, the Member leaned his thigh into [C]’s waist and mid-torso area. On or around February 16, 2021, the Member ran his hand down [C]’s arm that contained tattoos and said, “oh these are beautiful” to which [C] stated, “please don’t touch me” and the Member laughed.

After reviewing the evidence contained in the Agreed Statement of Facts and the Member’s admissions of professional misconduct the Panel concluded that the Member breached the Professional Standards and the Ethics Practice Standard. The Member had four separate incidents that involved either unwanted touching or inappropriate comments which resulted in [A], [B], [D] and [C] feeling uncomfortable, embarrassed and humiliated. The Professional Standards provide that each nurse is accountable for conducting themselves in ways that promote respect for the profession. This standard sets out expectations that nurses meet the leadership standard by showing integrity and role-modelling professional values, beliefs and attributes. The Ethics Practice Standard sets out standards that include commitment to uphold the standards of the profession, conduct themselves in a manner that reflects well on the profession and promotes growth. The Ethics Practice Standard establishes that nurses have a commitment to each other. This is established and maintained through collegial relationships using a wide range of effective communication strategies and interpersonal skills. Respectful behaviour among nurses contributes to the best possible outcomes for clients.

Allegations #2(a), (b), (c), (d) and (e) in the Notice of Hearing are supported by paragraphs 9-28 and 35 in the Agreed Statement of Facts. The Member admitted to these allegations. The Panel finds that the Member’s conduct, which entailed unwanted touching and inappropriate comments towards [A], [B], [D] and [C] was clearly relevant to the practice of nursing. It was unprofessional as it demonstrated a serious and persistent disregard for his professional obligations in breaching the Professional Standards and Ethics Practice Standard.

The Panel also finds that the Member’s conduct was dishonourable. It demonstrated an element of moral failing through having multiple incidents of unwanted touching and/or inappropriate comments towards [A], [B], [D] and [C]. The Member knew or ought to have known at the time of the incidents that his conduct was inappropriate, unacceptable and fell below the standards of a professional.

Penalty

College Counsel and the Member’s Counsel advised the Panel that a Joint Submission on Order had been agreed upon. The Joint Submission on Order 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.

Penalty Submissions

Submissions were made by College Counsel.

College Counsel submitted that the Joint Submission on Order also provides in Appendix “A” an undertaking and agreement by the Member for the Member’s permanent resignation as a member of the College, effective May 12, 2023 (the “Undertaking”). The Member undertakes, acknowledges and agrees to:

a) Permanently resign as a member of the College, effective from the date that the Order made by the Discipline Committee in accordance with the Joint Submission on Order becomes final;

b) Not apply for membership with the College as a Registered Nurse or Registered Practical Nurse at any time in the future;

c) Agree that the public portion of the College’s Register will indefinitely reflect that the Member entered into an Undertaking with the Executive Director to permanently resign as a member of the College as part of an agreed resolution of allegations of professional misconduct, in addition to any other information that is required to be posted;

d) No longer have a right to the issuance or reinstatement of a Certificate of Registration from the College;

e) No longer have a right to use the title “Nurse”, “Registered Nurse”, “Registered Practical Nurse”, “RN”, “RPN” or a variation, an abbreviation or an equivalent in another language;

f) No longer have a right to hold himself out as a Nurse, Registered Nurse, Registered Practical Nurse or as a person who is qualified to practise in Ontario as a Nurse, Registered Nurse or Registered Practical Nurse;

g) No longer have a right to engage in the practice of nursing in any capacity; and

h) Agree to permit the College to provide a copy of this Undertaking and/or its terms to a governing body that regulates nursing in Canada or elsewhere in response to an inquiry or otherwise.

The aggravating factors in this case were:

• The Member has a pattern of conduct of not maintaining professional boundaries with co-workers.

The mitigating factors in this case were:

• The Member has demonstrated accountability and remorse through his admissions and participation in the hearing process and by entering into an Agreed Statement of Facts and a Joint Submission on Order with the College;

• Through the Member’s cooperation the parties have avoided having a contested hearing which would have taken several days; and

• The Member has no past discipline history with the College;

Specific deterrence is not essential in this case because the Member has already undertaken to permanently resign from the practice of nursing. In such circumstances, the penalty of an oral reprimand is sufficient.

General deterrence is achieved through the oral reprimand and the fact that the findings will be publicly posted indefinitely and sends a clear message to other members of the profession that there are serious consequences for this type of behaviour.

Overall, the public is protected by the resignation of the Member’s certificate of registration and the ability of the College to communicate this to any governing body that regulates nursing in Canada. Accordingly, the Panel does not need to impose further terms in order to achieve protection of the public.

College Counsel submitted the following cases to the Panel to demonstrate that the proposed penalty fell within the range of similar cases from this Discipline Committee. College Counsel also submitted that in the absence of an agreed resignation this type of professional misconduct would warrant a significant sanction.

CNO v. Keddie (Discipline Committee, 2020): This case proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order. It involved one incident of the member touching a co-worker's buttocks either by grabbing or tapping it with either his hand or walking stick. The member’s conduct was found to be unprofessional misconduct. The penalty in this case was an oral reprimand, a 1-month suspension of the member's certificate of registration, 2 meetings with a Regulatory Expert and 12 months of employer notification.

CNO v. Phillips (Discipline Committee, 2016): This case proceeded by way of a contested hearing. The allegations included a pattern of sexual harassment by the member against several colleagues. The penalty in this case was an oral reprimand, a five-month suspension of the member's certificate of registration, two meetings with a Nursing Expert and 12 months of employer notification.

CNO v. Robichaud (Discipline Committee, 2016): This case initially proceeded by way of a contested hearing, however, resulted in an Agreed Statement of Facts and a Joint Submission on Order. This case involved a finding of breaches of the standards of practice and disgraceful, dishonourable and unprofessional conduct. In this case, the member denied the intention to be flirtatious or sexually suggestive. The member admitted that his conduct was unwelcomed and could be perceived as sexually suggestive. The penalty in this case was an oral reprimand, a four-month suspension of the member's certificate of registration, two meetings with a Nursing Expert and 12 months of employer notification.

Submissions were made by the Member’s Counsel.

The Member’s Counsel indicated that he agreed with the submissions of College Counsel. The Member’s Counsel also made additional submissions that included asking the Panel to adopt the Joint Submission on Order that was agreed upon between the parties. The Member’s Counsel submitted that the Member is very regretful and remorseful. The Member was devasted by the impact he had on his co-workers through his inappropriate conduct. The Member acknowledged that he ought to have known better. The Member’s Counsel submitted that the penalty in this case is agreed upon and is appropriate. The Member is very sad that his very long career in nursing is ending in this manner. The Member’s Counsel submitted that the Member plans on taking the lessons learned through this process into his private, post-nursing life.

Penalty Decision

The Panel accepts the Joint Submission on 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.

Reasons for Penalty Decision

The Panel understands that the penalty ordered should protect the public and enhance public confidence in the ability of the College to regulate nurses. In the normal course, this is achieved through a penalty that addresses specific deterrence, general deterrence and, where appropriate, rehabilitation and remediation. The Panel also considered the penalty in light of the principle that joint submissions should not be interfered with lightly.

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.

In this case, because the Member has undertaken to permanently resign, the oral reprimand is a sufficient penalty and no other specific deterrence is required.

Furthermore, because of the Member’s resignation, it is not necessary to consider remediation and rehabilitation in determining the appropriate penalty.

General deterrence is also addressed as the Panel concluded that had the Member not undertaken to permanently resign from the College, the Panel would have ordered a suspension, and terms, conditions and limitations on the Member’s certificate of registration, along with the oral reprimand which would have been in line with previous penalties.

Finally, the penalty of an oral reprimand is appropriate because the public is already protected through the permanent resignation and the Undertaking to never apply for registration as a nurse in Ontario again in the future.

The penalty is also in line with what has been ordered in previous cases in similar circumstances.

I, Karen Laforet, 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.