Case: 2015 0094

Various dates in 2016 and 2017

On October 20, 2015 the Inquiries, Complaints and Reports Committee referred a matter involving Neil Boon to the Discipline Committee for a hearing. The panel’s decision will be made available on CanLII (www.canlii.org). The dates for the hearing were:

• June 7, 8, 2016, and
• October 6, 7, 17, 18, 2016
• April 20, 2017

Current Status:
Decision on Finding, Penalty and Costs: Were Appealed by the Member
Matter heard in Divisional Court: May 29, 2018
Decision issued: June 8, 2018
Decision of the Discipline Committee was upheld: http://canlii.ca/t/h5rst

Overview of the Allegations:
On or about April 2, 2015, Mr. Boon touched a patient in a sexual manner. More specifically that Mr. Boon:

• placed, rubbed or otherwise touched his hand on the patient's thigh and inner thigh
• inappropriately leaned his body or otherwise touched his body against the patient
• grabbed, squeezed or otherwise touched the patient's breast
• placed the patient's foot against or on his crotch and/or thigh, and
• rubbed the patient's back

The hearing took place on June 7, 8 and October 6, 7, 17 and 18, 2016. In December 2016, the parties were advised that the Panel had completed its deliberations on the allegations and had made the following findings.

Findings
That Mr. Boon, on or about April 2, 2015, engaged in acts of professional misconduct within the meaning of:

• paragraph 1 (Failing to maintain the standards of practice of the profession),
• paragraph 7 (Performing a professional service for which consent is required by law without such consent),
• paragraph 18 (Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional) and
• paragraph 19 (Conduct unbecoming a physiotherapist) as defined by section 1 of the College’s Professional Misconduct Regulation, being Ontario Regulation 388/08 made under the Physiotherapy Act, 1991.

The Panel was not satisfied that the touching was of a sexual nature as that term is defined by subsections 1(3) and (4) of the Health Professions Procedural Code of the Regulated Health Professions Act, 1991.

More specifically, the Panel found that Mr. Boon:

a) Touched the patient on her thighs while demonstrating her injuries in a manner that was not clinically appropriate, for which he did not have consent and that was a violation of the patient’s personal boundaries.

b) Leaned his body against the patient and violated her personal boundaries without her consent.

c) Touched the side of her breast under her arm as she was leaving the room and did not acknowledge, apologize or otherwise explain the touch to the patient.

d) Initially placed part of the patient's foot against his crotch area during a clinically indicated calf stretch resulting in the patient feeling that his genitals were beneath her foot. Then repositioned her foot appropriately against his thigh for the balance of the stretch; however did not acknowledge, apologize or otherwise explain the contact with his crotch/genitals to the patient.

e) Rubbed the patient's back in a manner that was not appreciated by the patient and for which he did not have her consent.

Penalty:

The penalty hearing was held on April 20, 2017 and at the conclusion of the penalty hearing, the panel reserved their decision. On April 24, 2017 the panel released the penalty order with reasons to follow. The issue of costs were addressed by written submissions.

The panel ordered the following:

1. The Registrar is directed to suspend Mr. Boon’s Certificate of Registration for a period of three (3) months, commencing on the date of this Order becomes final.
   
   
2. Mr. Boon shall be required to appear before the Panel to be reprimanded, on a date to be determined by the Registrar.
   
   
3. The Registrar is directed to impose the following terms, conditions and limitations on Mr. Boon’s Certificate of Registration, namely:
   
   (i) Mr. Boon shall, at his own expense, and for a period of two (2) years, participate in a practice monitoring program approved by the Registrar, which program shall be overseen by the College, involve the use of a coach, approved by the Registrar, and include up to eight (8) practice monitoring visits by the coach.
   
   (ii) Mr. Boon shall, at his own expense, and within eighteen (18) months of the completion of the suspension referred to in paragraph 1 above, successfully complete a boundaries education course approved by the Registrar, which course shall consist of not more than eight (8) sessions.
   
   (iii) In the event that Mr. Boon provides physiotherapy services (as a physiotherapist assistant) during the suspension imposed under paragraph 1 above, he shall do so under the supervision of another member of the College (“Supervising Physiotherapist”) and shall, prior to providing any physiotherapy services (as a physiotherapist assistant).
   
   a) advise the Registrar, in writing, of the name of the Supervising Physiotherapist;
   
   b) deliver to the Supervising Physiotherapist a copy of the Reasons for Decision of the Panel both in respect of its Findings of Professional Misconduct and its Penalty (“Reasons”); and
   
   c) deliver to the Registrar a letter signed by the Supervising Physiotherapist confirming that s/he has received and reviewed the Reasons.
   
   (iv) Mr. Boon shall not supervise physiotherapy students or physiotherapy assistant (PTA) students until he has completed the practice monitoring program of referred to in subparagraph 3(i) above.
   
   In addition Mr. Boon agreed to pay the College costs in the amount of $30,000.