CTCMPAO 2025

The Member brought a motion in a disciplinary proceeding seeking to dismiss a notice of hearing, exclude evidence obtained during an undercover investigation, and obtain disclosure of an investigative file concerning another member.

The Member argued he had no obligation to cooperate with an investigation into another member.

The Discipline Committee dismissed the motion, finding that the duty to cooperate under the Health Professions Procedural Code applies even when the member is not the subject of the investigation.

The Committee also found the College had reasonable and probable grounds to commence the investigation and declined to exclude evidence or order further disclosure at the preliminary stage.

The College alleged that the Member, an instructor at a traditional Chinese medicine school, committed professional misconduct involving three complainants.

The Discipline Committee found that the Member touched Complainant C's buttocks without consent, sent inappropriate and sexually suggestive messages to Complainant A (a former and current student), and touched Complainant B's buttocks without consent during a class demonstration.

The Committee rejected the Member's denials and his theory that the complaints were fabricated due to the influence of another student.

The Committee concluded that the Member's actions constituted disgraceful, dishonourable, and unprofessional conduct, as well as conduct unbecoming a practitioner.

A penalty hearing was ordered to be scheduled.