ONTARIO MASSAGE THERAPISTS DISCIPLINE TRIBUNAL

Date: May 6, 2025

Tribunal File No.: PC-10774

BETWEEN:

College of Massage Therapists of Ontario

College

• and -

Geoffrey Tiller

Registrant

REASONS FOR DECISION

Heard: April 14, 2025, by videoconference

Panel:

Jennifer Scott (panel chair)

Allie Bisset (massage therapist)

Matthew Gordon (public)

Robyn Libby (massage therapist)

Carolyn Watt (public)

Appearances:

Fiona Wang, for the College

No one appearing for the Registrant

RESTRICTION ON PUBLICATION

The Ontario Massage Therapists Discipline Tribunal ordered, under s. 45(3) of the Health Professions Procedural Code, that no one may publish or broadcast the name of the client and/or any information that would disclose the identity of the client referred to during the hearing or in any documents filed at the hearing. There may be significant fines for breaching this order.

The Ontario Massage Therapists Discipline Tribunal is the Discipline Committee established under the Health Professions Procedural Code.

Introduction

1The College alleges Mr. Tiller sexually abused a client (Client) during a massage therapy session. Mr. Tiller was charged criminally for the same conduct that is before us and was convicted of sexual assault.

2The College and Mr. Tiller agreed to present a joint submission to the Tribunal. As part of that agreement, Mr. Tiller signed an Agreed Statement of Facts (ASF) and a Joint Submission on Penalty (JSP). It appeared from these documents that Mr. Tiller would be attending the hearing.

3The Tribunal hearing took place on April 14, 2025. Mr. Tiller did not attend. After reviewing the correspondence between the College and Mr. Tiller and between Mr. Tiller and the Tribunal, we were satisfied that Mr. Tiller had received proper notice of the hearing, and we proceeded in his absence.

4Given Mr. Tiller’s failure to attend the hearing, we held a hearing on the merits. Mr. Tiller was deemed to deny the allegations and we admitted documents from the criminal proceeding. We did not admit the ASF because it was unclear to us whether Mr. Tiller was withdrawing from the agreement. This decision was based on the facts of this case and does not bind future cases.

5That said, it may be helpful in joint submission cases to have a written statement from a registrant that they have authorized the College to present the ASF and JSP in their absence or to include a provision in the ASF and JSP, signed by a registrant, that the hearing will proceed as a joint submission even if the registrant does not attend the hearing.

The Facts

6Geoffrey Tiller was a registered massage therapist. He obtained his certificate of registration on January 5, 2017. He practised at a private clinic.

7On January 20, 2023, he provided massage therapy to the Client. He was subsequently charged under s. 271 of the Criminal Code, RSC 1985, c. C-46 (Criminal Code) with sexual assault against the Client in relation to his conduct during the massage therapy session.

8On February 15, 2023, Mr. Tiller resigned from the College.

9On November 16, 2023, Mr. Tiller pled guilty to a single charge of sexual assault. On March 18, 2024, he received a conditional sentence of 12 months and 18 months’ probation.

10Following the criminal proceeding, the College referred allegations of misconduct against Mr. Tiller to the Tribunal. The College alleged Mr. Tiller had been found guilty of an offence that is relevant to his suitability to practise, had committed sexual and physical abuse of a client, had engaged in conduct that is disgraceful, dishonourable or unprofessional conduct, and had contravened published standards of practice of the profession.

Sexual Assault

11The Court’s findings in the criminal proceeding are set out in the transcripts.

12In January 2023, the Client scheduled a massage therapy treatment with Mr. Tiller and requested a full body massage. With ten minutes remaining in the massage, Mr. Tiller asked the Client to turn over onto her back. The draping fell, exposing the Client’s breasts. Mr. Tiller placed his hands down the centre of the Client’s chest area between her breasts. He rubbed the Client’s right breast and sucked on her right nipple. He fondled her left breast and sucked on her left nipple. He then leaned down and kissed the Client on the lips.

13The Court found Mr. Tiller was guilty of sexual assault under s. 271 of the Criminal Code.

Professional Misconduct

14Mr. Tiller has engaged in professional misconduct in the following ways.

15Under s. 51(1)(a) of the Health Professions Procedural Code (Code), which is Schedule 2 to the Regulated Health Professions Act, 1991, c. 18 (RHPA), the Tribunal shall find a registrant has committed an act of professional misconduct if the registrant has been found guilty of an offence that is relevant to the registrant’s suitability to practise. Mr. Tiller has been found guilty of sexual assault. It is obvious that the sexual assault of the Client during a massage therapy appointment is relevant to Mr. Tiller’s suitability to practise.

16Mr. Tiller’s sexual assault also constitutes sexual and physical abuse. He rubbed the Client’s breasts, sucked on her nipples and kissed her on the lips – touch that is clearly sexual in nature – and constitutes sexual abuse under s. 51(1)(b.1) of the Code. It is also physical abuse because it violated the Client’s physical integrity. See Carruthers v. College of Nurses of Ontario, 1996 CanLII 11803.

17Mr. Tiller’s sexual assault breached the College’s standards of practice. He contravened the Professional Boundaries and the Prevention of Sexual Abuse standards when he sexually assaulted the Client and contravened the Draping Standard when he failed to secure proper draping resulting in the exposure of the Client’s breasts.

18Finally, sexual assault is the most serious boundary violation that can occur and is regarded by the profession as disgraceful, dishonourable, or unprofessional conduct.

19Given our findings that Mr. Tiller has committed an offence that is relevant to his suitability to practise and prescribed in Ontario Regulation 262/18, and his sexual abuse consisted of touching of a sexual nature of the Client’s breasts (misconduct included in s. 51(5)3 of the Code), we must make an interim order suspending his certificate of registration until a penalty order is made. See s. 51(4.2) of the Code.

20We make this interim order noting that Mr. Tiller has resigned his Certificate of Registration.

Next Steps

21A hearing on penalty and costs will take place in writing. The College must provide its evidence and submissions within two weeks of the date of this decision. Mr. Tiller may respond with his evidence and submissions within four weeks of the date of the decision and the College may reply within five weeks of the date of the decision. If Mr. Tiller does not respond, the penalty and costs decision will be made without his evidence and submissions.