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Graham Barrow, AD080077
The Member admitted that he engaged in professional misconduct when he was found guilty of an offence relevant to his suitability to practice and, in particular, that he touched a person under the age of 16 directly with a part of his body for a sexual purpose contrary to section 151(a) of the Criminal Code of Canada. The Member also failed to report criminal charges and findings of guilt to the College of Nurses of Ontario (“CNO”).
Based on the Member’s admissions, the Panel found the Member:
- guilty of an offence relevant to his suitability to practice;
- contravened a term, condition or limitation on his certificate of registration by failing to report charges relating to any offence and findings of guilt to the Executive Director of CNO;
- contravened a provision of the Nursing Act, 1991, the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, or the regulations under either of those Acts by failing to report findings of guilt to the Registrar (being the Executive Director) of CNO; and
- engaged 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.
CNO and the Member presented the Panel with a Joint Submission on Order requesting that the Panel make an order that included the following:
- an oral reprimand; and
- revocation of the Member’s certificate of registration.
The Panel accepted the Joint Submission on Order, concluding that the proposed penalty was reasonable and in the public interest.
Aggravating factors considered by the Panel included:
- the serious nature of the criminal conviction;
- the victim was a minor who was in a position of vulnerability and who trusted the Member;
- the criminal finding discredits the profession and constitutes a serious breach of trust; and
- the Member’s failure to report both the charges and the finding of guilt, until approximately three years after the criminal trial, demonstrates a serious disregard for his professional obligations over a significant period of time.
Mitigating factors considered by the Panel included:
- the Member has no prior discipline history; and
- the Member was cooperative with CNO.