member: Tim Britnell, MT
Hearing Dates: June 1, 2, 3, 28, 29, 30, September 21, 22, and 23, 2004
Charges of Professional Misconduct
- Engaging in conduct in the circumstance that would reasonably be regarded by the profession as disgraceful, dishonourable or unprofessional;
- Failing to maintain records as required.
Brief Synopsis of Facts
- A full evidentiary hearing was commenced in this matter and continued for eight days as the member pleaded not guilty to all charges of professional misconduct;
- On the last day of the hearing an agreed Statement of Facts was submitted which established the guilty plea of the member and included the following facts:
- The member was registered with the College in 1997;
- The member practiced at a clinic located in Cambridge, Ontario;
- The member provided treatment to his client R.V. commencing on April 25, 2001 following injuries sustained in a motor vehicle accident;
- During the period of April 25, 2001 to May 8, 2001 R.V. received Massage Therapy treatments with the member;
- The College received a complaint from R.V, regarding the conduct of the member;
- During the treatments it was alleged the member at various times massaged sexually sensitive areas, including the upper soft tissue of R.V.’s breasts, her upper inner thighs and her buttocks;
- The member acknowledged in the circumstance he did not have sufficient clinical indications to justify engaging in the kind or extent of the massage to the sexually sensitive areas and that he failed to adequately communicate his intentions or justifications for engaging in his massage, there was a language barrier and in the circumstance the treatment provided constituted unprofessional conduct;
- The member acknowledged that he did not maintain records as required by the Record Keeping Regulations; and
- The parties submitted a Joint Submission as to penalty.
The panel accepted the member’s guilty plea and therefore found the member guilty of the charges of professional misconduct.
- 3 month suspension with 45 days to be remitted if the member complies with the terms, conditions and limitations imposed on his Certificate of Registration within 45 days of his suspension;
- Imposition of the following terms, condition or limitation on the member’s Certificate of Registration:
- Completion of the College’s Ethics and Boundaries Workshop;
- Completion of the College’s Standards and Regulations E-Workshop;
- Completion of a Registrar approved Record-Keeping course; and
- Submission to inspections of the member’s practice at his expense.
- Costs of $1000; and
Panel’s Reasons For Decision
The panel found the Agreed Statement of Facts clearly supported the member’s guilty plea and a finding of guilt by the panel. The panel further found the joint submissions regarding penalty sufficiently provided deterrence to the member as well as incorporated a method of remediation to ensure the public is protected and help to improve the members practice. The panel further noted that this matter raised concerns with communication and record keeping issues.