Duncan McWaters 06292460
Allegations and Plea
The College alleged that the Member was found guilty of a criminal offence which is relevant to his suitability to practise, namely assault. The College also alleged that the Member falsely described the nature of the offence to the College.
The Member admitted to the allegations, and the College and the Member jointly submitted an agreement to the following facts.
The Member’s step-child and two friends (A and B) were drinking at the Member’s home. The Member eventually joined in and they all played drinking games. A retired to a guestroom to sleep and the other two left. When the two returned, they found the Member in bed with A. She got up, realized there was touching to which she did not consent, left the home and reported the incident to her parents, friends and the police.
In December 2012, the Member pled guilty to a reduced charge of assault. He was given a suspended sentence and three years’ probation.
In his Self-Reporting Form completed in January 2013, the Member described the offence as follows: “I was found guilty of assault – my lawyer described it as a bar fight.” The Member admits that this mischaracterizes the nature of the offence and was intended to mislead the College.
The Member has a history with the College’s Discipline Committee. In October 2012, he was found to have committed acts of professional misconduct when he falsified bail documents related to a charge of sexual assault in an attempt to deceive his employer.
The Panel found that the evidence supported findings of professional misconduct as alleged.
Submissions on Order
The College and the Member jointly sought an oral reprimand and a nine-month suspension. The Member would be required to complete specified remediation activities in preparation for a series of meetings with a nursing expert. For 24 months after the suspension ends, the Member would be required to advise the College of his employers, provide employers with a copy of the Panel’s decision and reasons, and only practise for an employer who agreed to advise the College if the Member breached the standards of practice of the profession.
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 penalty satisfies the principles of specific and general deterrence, rehabilitation and remediation, and protection of the public interest.