Daine Kuiken-Rogers JI740854
Allegations and Plea
The College alleged that the Member failed to maintain appropriate boundaries and sexually abused a client. The College alleged that this conduct would be regarded as disgraceful, dishonourable or unprofessional.
The Member admitted to the allegations, and the College and the Member jointly submitted an agreement to the following facts.
The Member worked in a rehabilitation and psychiatric care facility. Each client was assigned a primary nurse and an associate nurse, but all nurses and clients typically had ongoing interactions with each other during the course of any shift.
The Client was admitted to the facility as an in-patient for approximately 10 weeks. The Member was assigned as the Client’s primary or associate nurse on the night shifts in question.
The Client approached the Member with a note which included the Client’s phone number. The Member initiated contact with the Client the next day via e-mail. Several sexually explicit e-mail messages were exchanged between the Member and the Client over the next week, during and after the time the Client was an inpatient at the facility.
The Member and the Client had sexual intercourse on at least one occasion while the Client was still an inpatient. The sexual relationship continued for three days after the Client’s discharge. The Member was aware that this personal and sexual relationship was inappropriate. In one of his e-mail messages to the Client, he wrote, “It have to be kept very quiet cuz I could lose my job n licence”.
The Panel found that the evidence supported findings of professional misconduct as alleged. The Member failed to maintain therapeutic boundaries, failed to protect the Client from abuse, and sexually abused the Client. The Member’s conduct was disgraceful, dishonourable and unprofessional in that he intentionally disregarded his professional obligations and demonstrated an aspect of moral failing by engaging in a sexual relationship with the Client.
Submissions on Order
The College and the Member jointly sought an oral reprimand, immediate revocation of the Member’s certificate of registration, and reimbursement by the College of funds up to $5,000 for therapy related to sexual abuse if this funding is accessed by the Client.
The Panel accepted the joint submission as reasonable and in the public interest. The Member accepted responsibility for his actions and cooperated with the College by agreeing to the facts and proposed penalty.
The reprimand and revocation were mandatory penalties. They found that the reimbursement requirement was reasonable and in the public interest in light of the Member’s misconduct.