On December 9, 2020, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Bahram Bararian to the Discipline Committee for a hearing.

This hearing commenced on May 30, 2022, and was scheduled to resume on October 17th, 2022. On October 13th, 2022, the Panel of the Discipline Committee granted a motion to adjourn the hearing indefinitely (an adjournment sine die).

The Panel of the Discipline Committee agreed to adjourn the hearing sine die due to the Registrant having signed an Acknowledgement and Undertaking to resign their membership and certificate of registration with the College and never apply or reapply to practice physiotherapy in Ontario. 

The Acknowledgement & Undertaking was signed by Bahram Bararian on October 10, 2022, and stated:

I, Bahram Bararian (Reg No. 14703), acknowledge and undertake as follows:

1. In December 2020, a panel of the Inquiries Complaints and Reports Committee referred allegations involving my conduct to the Discipline Committee for a hearing (College File Numbers 2018-0029; 2019-0240; 2020-0081).

2.The allegations set out in the Notice of Hearing included that in or about September and October 2016, Patient A attended at the Strolf Clinic for an assessment and treatment with Mr. Bararian. In the appointment on October 13, 2016, Mr. Bararian: i. Touched Patient A on and/or near her vagina; ii. Touched Patient A on and/or near her perineum and/or anus; iii. Made a remark to Patient A of a sexual nature; iv. Failed to drape Patient A in accordance with the standards of practice of the profession; and v. Failed to obtain informed consent from Patient A including in respect of treatment to her quadricep, inner thigh, adductor muscles, hamstring, and sexually sensitive areas. 

3. The Notice of Hearing further alleged that Mr. Bararian was criminally charged with sexual assault of Patient A on October 16, 2016, but did not disclose the criminal charge to the College until April of 2018 and that Mr. Bararian’s clinical records in respect of his assessment and treatment of Patient A in September and October 2016 failed to meet the standards of practice of the profession for record keeping, including in that: a. Chart entries were not legible; b. Assessment results, clinical impressions and treatment plan were absent from the chart; c. Clinical notes failed to record areas treated and modalities used; d. Clinical notes lacked detail. The Discipline Hearing is pending and is scheduled to commence on October 17, 2022.

4. The allegations related to a single appointment with a patient on October 13, 2016.

5. This acknowledgment and undertaking does not constitute an admission of any professional misconduct, including sexual abuse.

6. I undertake to resign my membership and certificate of registration with the College effective October 17, 2022.

7. I acknowledge and agree that, in exchange for providing an original copy of this Undertaking executed by me to the College, the College will ask the panel of the Discipline Committee to adjourn the hearing in College File Numbers (College File Numbers 2018-0029; 2019-0240; 2020-0081) sine die.

8. I acknowledge that after I resign my membership with the College, I will not be entitled to use the title “physiotherapist”, “physical therapist” or any abbreviation thereof or equivalent in another language. I will not be entitled to hold myself out as a person who is qualified to practice in Ontario as a physiotherapist/physical therapist and I will not be entitled to imply that I am a physiotherapist/physical therapist in Ontario.

9. I hereby undertake never to apply or re-apply for membership, registration, licensure or similar status with the College as a physiotherapist or for a license to practice physiotherapy in Ontario.

10. I acknowledge that if I ever apply or re-apply, or attempt to apply or re-apply for membership, registration, licensure or similar status with the College in the future, the College will be entitled to rely upon this undertaking in any registration or other similar proceeding as reason to deny my application.

11. I acknowledge that if I attempt to register as a physiotherapist in another jurisdiction and that regulatory body asks for information about this matter, the College will be entitled to disclose the content of its investigation files with the other jurisdiction.

12.I acknowledge that if I ever apply or re-apply for membership, registration, licensure or similar status as a physiotherapist for a license to practice physiotherapy in Ontario after October 17, 2022, the College shall, in its sole discretion, have the right to proceed with a disciplinary proceeding on the basis of a breach of this undertaking and, if I am successful in being registered, the College shall also be entitled to proceed with the discipline hearing in case numbers 2018-0029; 2019-0240; 2020-0081.

13. In the event of a breach of this undertaking and the College proceeding with discipline hearing in College File Numbers 2018-0029; 2019-0240; 2020-00812020-0134, I hereby agree to bear the risk of any prejudice that the passage of time might cause to my ability to make full answer and defence, and waive the right to seek any remedy on the basis of the passage of time, should the College proceed with the investigation, the discipline hearing, and any allegations that may arise as a result of any future breach of this Undertaking by me.

14. I acknowledge that under section 23 of the Health Professions Procedural Code which is Schedule 2 of the Regulated Health Professions Act, the College is required to publish the fact of my resignation and this Undertaking on the College’s public register. This publication is indefinite.

15. I acknowledge that I have been advised of my right to obtain legal advice prior to entering into this Undertaking and have either availed myself of that right or chosen not to avail myself of that right.

16. I acknowledge that I am entering into this undertaking freely, voluntarily and without duress. 

You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario. The panel’s decision will be made available on CanLII www.canlii.ca