DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and -

Transcription

1 B E T W E E N: DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO - and - RODION ANDREW KUNYNETZ NOTICE OF HEARING THE INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO has referred to the Discipline Committee of the College the allegation that Dr. Rodion Andrew Kunynetz ( Dr. Kunynetz ), a member of the College, has committed an act of professional misconduct: 1. under clause 51(1)(b.1) of the Health Professions Procedural Code which is schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18 (the Code ) in that he engaged in sexual abuse of patients; 2. under paragraph of Regulation 448 of the Revised Regulations of Ontario 1980 made under the Health Disciplines Act ( O. Reg. 448/80 ) and paragraph of Regulation 548 of the Revised Regulations of Ontario 1990 made under the Health Disciplines Act ( O. Reg. 548/90 ), in that he engaged in sexual impropriety with patients; and 3. under paragraph of O. Reg. 448/80, paragraph of O. Reg. 548/90 and under paragraph 1(1)33 of Ontario Regulation 856/93 made under the Medicine Act, 1991( O. Reg. 856/93 ), in that he has engaged in conduct or an act or omission relevant to the

2 2 practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. hearing. Further information about the allegations is contained in Schedule A to this notice of A PANEL OF THE DISCIPLINE COMMITTEE WILL HOLD A HEARING under the authority of sections 38 to 56 of the Code for the purposes of deciding whether Dr. Kunynetz has committed an act or acts of professional misconduct. The hearing will be held at the College of Physicians and Surgeons of Ontario, 80 College Street, Toronto, Ontario or such other venue as the College may advise, on a date to be determined after consultation between College counsel and Dr. Kunynetz or his counsel, and fixed by the Hearings Office. IF DR. KUNYNETZ DOES NOT ATTEND AT THE HEARING, the discipline panel may proceed in his absence and he will not be entitled to any further notice in the proceeding. IF THE PANEL FINDS that Dr. Kunynetz has committed an act or acts of professional misconduct the panel may make one or more of the following orders authorized under subsection 61(5) of the Health Disciplines Act and subsections 51(2) and 51(5) of the Code. Subsection 61(5) of the Health Disciplines Act 61(5) Where the Discipline Committee finds a member guilty of professional misconduct or incompetence it may by order, (a) revoke the licence of the member, or withdraw recognition of his or her specialist status, or both; (b) suspend the licence of the member or recognition of his or her specialist status, or both, for a stated period; (c) impose such restrictions on the licence of the member for such a period and subject to such conditions as the Committee designates; (d) reprimand the member and, if deemed warranted, direct that the fact of such reprimand be recorded on the register; (e) impose such fine as the Committee considers appropriate to a maximum of $10,000 to be paid by the member to the Treasurer of Ontario for payment into the Consolidated Revenue Fund; (f) direct that the imposition of a penalty be suspended or postponed for such period and upon such terms as the Committee designates,

3 3 or any combination thereof. R.S.O. 1980, c. 196, s. 60 (5); 1989, c. 72, s. 40, part. Subsection 51(2) of the Code (2) If a panel finds a member has committed an act of professional misconduct, it may make an order doing any one or more of the following: 1. Directing the Registrar to revoke the member s certificate of registration. 2. Directing the Registrar to suspend the member s certificate of registration for a specified period of time. 3. Directing the Registrar to impose specified terms, conditions and limitations on the member s certificate of registration for a specified or indefinite period of time. 4. Requiring the member to appear before the panel to be reprimanded. 5. Requiring the member to pay a fine of not more than $35,000 to the Minister of Finance. 5.1 If the act of professional misconduct was the sexual abuse of a patient, requiring the member to reimburse the College for funding provided for that patient under the program required under section If the panel makes an order under paragraph 5.1, requiring the member to post security acceptable to the College to guarantee the payment of any amounts the member may be required to reimburse under the order under paragraph , c. 18, Sched. 2, s. 51 (2); 1993, c. 37, s. 14 (2). Subsection 51(5) of the Code (5) If a panel finds member has committed an act of professional misconduct by sexually abusing a patient, the panel shall do the following in addition to anything else the panel may do under subsection (2): 1. Reprimand the member. 2. Revoke the member s certificate of registration if the sexual abuse considered of, or included, any of the following, i. sexual intercourse, ii. iii. iv. genital to genital, genital to anal, oral to genital, or oral to anal contact, masturbation of the member by, or in the presence of, the patient, masturbation of the patient by the member, v. encouragement of the patient by the member to masturbate in the presence of the member. IF THE PANEL FINDS that Dr. Kunynetz has committed an act or acts of professional misconduct, the panel may make one or more of the following orders authorized under subsections 51(2), (4.1), (4.2) and (5.2): 51(2) If a panel finds a member has committed an act of professional misconduct, it may make an order doing any one or more of the following: 1. Directing the Registrar to revoke the member s certificate of registration.

4 4 2. Directing the Registrar to suspend the member s certificate of registration for a specified period of time. 3. Directing the Registrar to impose specified terms, conditions and limitations on the member s certificate of registration for a specified or indefinite period of time. 4. Requiring the member to appear before the panel to be reprimanded. 5. Requiring the member to pay a fine of not more than $35,000 to the Minister of Finance. 5.3 If the act of professional misconduct was the sexual abuse of a patient, requiring the member to reimburse the College for funding provided for that patient under the program required under section If the panel makes an order under paragraph 5.1, requiring the member to post security acceptable to the College to guarantee the payment of any amounts the member may be required to reimburse under the order under paragraph 5.1. No gender-based terms, conditions, limitations (4.1) In making an order under paragraph 3 of subsection (2), a panel shall not make any order directing the Registrar to impose any gender-based terms, conditions or limitations on a member s certificate of registration. Interim suspension of certificate (4.2) The panel shall immediately make an interim order suspending a member`s certificate of registration until such time as the panel makes an order under subsection (5) or (5.2) if the panel finds that the member has committed an act of professional misconduct, (a) under clause (1)(a) and the offence is prescribed for the purposes of clause (5.2)(a) in a regulation made under clause 43(1)(v) of the Regulated Health Professions Act, 1991; (b) under clause (1)(b) and the misconduct includes or consists of any of the conduct listed in paragraph 3 of subsection (5); or (c) by sexually abusing a patient and the sexual abuse involves conduct listed under subparagraphs 3 i to vii of subsection (5). Mandatory revocation (5.2) The panel shall, in addition to anything else the panel may do under subsection (2), reprimand the member and revoke the member s certificate of registration if, (a) the member has been found guilty of professional misconduct under clause (1) (a) and the offence is prescribed in a regulation made under clause 43(1)(v) of the Regulated Health Professions Act, 1991; or (b) the member has been found guilty of professional misconduct under clause (1)(b) and the misconduct includes or consists of any of the conduct listed in paragraph 3 of subsection (5). THE DISCIPLINE PANEL MAY, under subsection 53.1 of the Code, make an order requiring Dr. Kunynetz to pay all or part of the College s costs and expenses. THE COLLEGE INTENDS TO INTRODUCE as business records, under section 35 of the Evidence Act, any writings or records that were made in the usual and ordinary course of

5 5 business. Without limiting the generality of the foregoing, the College intends to introduce as business records the medical and hospital charts related to the patient care that is the subject of the allegations. Dr. Kunynetz is entitled to disclosure of the evidence against him and of other information in the College s knowledge or possession. To obtain disclosure, Dr. Kunynetz or his counsel or agent should contact the Legal Office of the College of Physicians and Surgeons, 80 College Street, Toronto, Ontario, M5G 2E2, telephone (416) or Dr. Kunynetz must also make disclosure in accordance with Rule 7.02 of the Rules of the Discipline Committee of the College of Physicians and Surgeons of Ontario, which states as follows: 7.02(1) Each party to a hearing shall disclose to the other party the existence of every document and thing that the party, or a witness called by or on behalf of the party, may seek to adduce in evidence or put to any witness at a hearing. 7.02(2) Disclosure by the member shall be made in advance of the pre-hearing conference, not later than sixty (60) days following disclosure by the College or such other time as a case management chair or the pre-hearing conference chair orders, and in any case, for materials other than expert reports, at least thirty (30) days before the commencement of the hearing. 7.02(3) Where a party, after making disclosure, comes into possession or control of or obtains power over another document or thing that the party may seek to adduce in evidence or put to any witness at a hearing, the party shall forthwith disclose to the party opposite the existence of the document or thing, and shall produce a copy of it, if requested, under rule 7.03 below. 7.02(4) If a party fails to comply with the provisions of Rule 7.02(1), (2) or (3), the party may not seek to adduce the document or thing in evidence, or put the document or thing to any witness, without the consent of the other party or leave of the Discipline Committee, which may be given on such terms and conditions as the Discipline Committee considers just. Date: April 28, 2017 Chair, Inquiries, Complaints and Reports Committee Date: December 18, 2017 Chair, Inquiries, Complaints and Reports Committee TO: Dr. Rodion Andrew Kunynetz

6 6 SCHEDULE A Patient A 1. Patient A, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment(s), Dr. Kunynetz sexually abused Patient A and engaged a. rubbing/pressing himself against the patient; and b. proceeding with the patient encounter, including moving/removing her clothing, without proper warning, explanation or consent. Patient B 3. Patient B, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2010 and During a medical appointment(s), Dr. Kunynetz sexually abused Patient B and engaged a. rubbing/pressing himself against the patient; b. touching her in an inappropriate and sexual manner; c. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter; and d. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent. Patient C 5. Patient C, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment, Dr. Kunynetz sexually abused Patient C and engaged in disgraceful, dishonourable or unprofessional conduct, including by:

7 7 a. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent, and conducting it in an inappropriate manner and setting; b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter; and c. touching her in an inappropriate and sexual manner. Patient D 7. Patient D, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2010 to During a medical appointment(s), Dr. Kunynetz sexually abused Patient D and engaged a. proceeding with the patient encounter, including moving/removing her clothing, without proper warning, explanation or consent; and b. rubbing/pressing himself against the patient. Patient E 9. Patient E, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2004 to During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient E, including by: a. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent; and b. leaning/pressing himself against the patient. Patient F 11. Patient F, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2014.

8 8 12. During a medical appointment, Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient F, including by: a. proceeding with the patient encounter, including moving/removing her clothing, without proper warning, explanation or consent; and b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter. Patient G 13. Patient G, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment, Dr. Kunynetz engaged in sexual impropriety with Patient G and engaged a. touching her in an inappropriate and sexual manner; and b. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent. Patient H 15. Patient H, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment(s), Dr. Kunynetz sexually abused Patient H and engaged Patient I 17. Patient I, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2011.

9 9 18. During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient I, including by: a. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter; and b. proceeding with the patient encounter, including touching her and having her move/remove her clothing, without proper warning, explanation or consent. Patient J 19. Patient J, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2010 to During medical appointments, Dr. Kunynetz sexually abused Patient J and engaged in disgraceful, dishonourable or unprofessional conduct, including by: Patient K 21. Patient K, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment, Dr. Kunynetz sexually abused Patient K and engaged in disgraceful, dishonourable or unprofessional conduct, including by: Patient L 23. Patient L, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During medical appointment, Dr. Kunynetz sexually abused Patient L and engaged in disgraceful, dishonourable or unprofessional conduct, including by:

10 10 Patient M 25. Patient M, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient M, including by: a. leaning/pressing himself against the patient. Patient N 27. Patient N, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around the early 1980s. 28. During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient N, including by: a. proceeding with the patient encounter, including touching her, without proper warning, explanation or consent. Patient O 29. Patient O, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment, Dr. Kunynetz sexually abused Patient O and engaged in disgraceful, dishonourable or unprofessional conduct, including by: Patient P 31. Patient P, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment, Dr. Kunynetz sexually abused Patient P and engaged in disgraceful, dishonourable or unprofessional conduct, including by:

11 11 Patient Q 33. Patient Q, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment(s), Dr. Kunynetz sexually abused Patient Q and engaged a. rubbing/pressing himself against the patient; and b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter. Patient R 35. Patient R, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2008 to During a medical appointment(s), Dr. Kunynetz sexually abused Patient R and engaged Patient S 37. Patient S, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 1996 to During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient S, including by: a. proceeding with the patient encounter, including moving/removing her clothing, without proper warning, explanation or consent; and b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter.

12 12 Patient T 39. Patient T, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2012 to During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient T, including by: a. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent. Patient U 41. Patient U, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2007 and/or During a medical appointment(s), Dr. Kunynetz sexually abused Patient U and engaged Patient V 43. Patient V, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment, Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient W, including by: a. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent. Patient W 45. Patient W, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 1998.

13 During a medical appointment(s), Dr. Kunynetz sexually abused Patient W and engaged a. touching her in an inappropriate and sexual manner; and b. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent. Patient X 47. Patient X, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment(s), Dr. Kunynetz sexually abused Patient X and engaged a. rubbing/pressing himself against the patient; and b. proceeding with the patient encounter, including moving/removing her clothing, without proper warning, explanation or consent. Patient Y 49. Patient Y, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2010 to During a medical appointment(s), Dr. Kunynetz sexually abused Patient Y and engaged a. rubbing/pressing himself against the patient; b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter; and c. proceeding with the patient encounter including touching her without proper warning, explanation or consent. Patient Z 51. Patient Z, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around 2012 to 2015.

14 In or around 2012 to 2015, during a medical appointment(s), Dr. Kunynetz sexually abused Patient Z and engaged in disgraceful, dishonourable or unprofessional conduct, including by: Patient AA 53. Patient AA, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment, Dr. Kunynetz sexually abused Patient AA and engaged in disgraceful, dishonourable or unprofessional conduct, including by: Patient BB 55. Patient BB, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around the 1990s. 56. During a medical appointment(s), Dr. Kunynetz engaged in sexual impropriety with and/or sexual abuse of Patient BB and engaged in disgraceful, dishonourable or unprofessional conduct, including by: a. touching her in an inappropriate and sexual manner; and b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter. Patient CC 57. Patient CC, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient CC, including by:

15 15 a. proceeding with the patient encounter, including touching her, without proper warning, explanation or consent; and b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter. Failing to Disclose Investigations 59. In or around 2015, Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct by failing to disclose, on an application for reappointment to University Health Network and on a clinical faculty annual activity report and/or reappointment application to University of Toronto that he was the subject of a College investigation. Patient DD 60. Patient DD, whose identity has been disclosed under separate cover, was a patient of Dr. Kunynetz in or around the 1990s to During a medical appointment(s), Dr. Kunynetz engaged in disgraceful, dishonourable or unprofessional conduct in respect of Patient DD, including by: a. proceeding with the patient encounter, including touching her and moving/removing her clothing, without proper warning, explanation or consent; and b. failing to provide her with appropriate privacy or a proper gown/covering during the patient encounter. ADDITIONAL INFORMATION ABOUT THE ALLEGATIONS AGAINST DR. KUNYNETZ WILL BE PROVIDED IN ADVANCE OF THE HEARING.

16 COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO -and- RODION ANDREW KUNYNETZ DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO NOTICE OF HEARING COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO Legal Office 80 College Street Toronto, ON M5G 2E2 Carolyn Silver Tel: (416) , Ext. 239 Sayran Sulevani Tel: (416) , Ext. 317 Fax: (416) Counsel for the College of Physicians and Surgeons of Ontario