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Jainarine Deonarain 0194035
The Member admitted that he engaged in professional misconduct by sexually harassing a co-worker when he attempted to and did touch her breasts without her consent; made inappropriate comments about her breasts; and touched her buttocks without her consent.
The Member was found guilty of the following:
- contravening a standard of practice of the profession or failing to meet the standards of practice of the profession; and
- engaging in conduct relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional.
The College of Nurses of Ontario (“CNO”) and the Member presented the Panel with a Joint Submission requesting that the Panel make an order that included the following:
- an oral reprimand;
- a three-month suspension; and
- terms, conditions and limitations, including:
- attending two meetings with a Regulatory Expert; and
- employer notification for 12 months.
Aggravating factors considered by the Panel included:
- The Member’s conduct in a professional setting was serious;
- The harassing comments occurred over several months;
- The Member was a charge nurse in the Facility and was in a position of authority over his co-worker;
- The Member’s conduct was intentional;
- The Member’s actions were self-serving and not in the interests of a respectful and trusting environment; and
- The Member’s conduct did not just constitute harassment, but also included sexual harassment as defined by the Facility’s policy on workplace violence and harassment.
Mitigating factors considered by the Panel included:
- The Member has no prior history of professional misconduct;
- The Member made admissions of misconduct and cooperated with CNO; and
- The Member showed a willingness to be remediated.
The Panel accepted the Joint Submission, concluding that the proposed penalty was reasonable and in the public interest.