Sexual Misconduct Complaints: Independent Review
Nasha Nijhawan, HBSc, LLB
Chair of the Independent Review Panel
Allegations of sexual misconduct pose unique challenges for a regulator, who must investigate in a manner that is fair and sensitive to both the physician accused and the individual reporting sexual harm. With the increased social awareness brought in part by the #MeToo movement, the number of sexual misconduct complaints has risen dramatically in the past three years. These cases require a specialized approach, infused with a trauma-informed sensitivity and in keeping with the best and current practices.
In early 2019, the College engaged the Canadian Centre for Legal Innovation in Sexual Assault Response (CCLISAR) to conduct an independent review of the College’s policies, practices, and procedures in response to allegations of physician sexual misconduct. This review was led by an independent three-member panel with experience in sexual assault law and professional regulation (the “Panel”). Its mandate was to offer recommendations on any aspect of the College’s management of complaints involving sexual misconduct so as to better meet its obligations to both members and the public.
The Panel engaged in an interactive and consultative process with College professional conduct staff, committee members, legal counsel, Canadian Medical Protective Association (CMPA) and Doctors Nova Scotia representatives, patients, and physicians with past experience in sexual misconduct complaints, academic experts, and patient advocates. We considered the views and experiences of all of these stakeholders in formulating our final recommendations.
Key highlights of the Panel’s findings and recommendations included:
- increasing the accessibility of the College’s complaint process in order to improve public understanding of the College and its complaint process and reduce barriers to reporting;
- revising the substantive standard prohibiting sexual misconduct, in order to bring more clarity to physicians, patients, and the regulatory process;
- reviewing the use of interim measures against physicians accused of professional misconduct in order to mitigate the professional and personal impact on the member before a complaint is substantiated;
- providing trauma-informed training to College staff and adjudicators in order to ensure competence in the specialized area of sexual misconduct;
- implementing adaptations to the investigation and hearing process in order to better meet the specific needs of sexual misconduct complainants while maintaining procedural fairness to respondents;
- providing legal and counselling supports to sexual misconduct complainants in order to mitigate the potential secondary harms of participating in the professional conduct process; and
- considering the appropriate use of alterative resolution processes, in order to meet the needs of both complainants and respondent physicians, while preserving the public interest mandate of the College.
The Panel’s work culminated in a final report which set out its detailed findings and recommendations, which is available to the public. The College has since accepted and largely implemented the recommendations of the Panel, as part of its continued effort to improve and adapt its response to sexual misconduct allegations.