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Ralph Tugade, AA780682
The Member was alleged to have engaged in professional misconduct by providing an employer with a Criminal Records Check which did not list an outstanding charge of assault. A Criminal Record Check with a satisfactory result was a condition of the offer of employment with the employer. The Member was hired by the employer and did not disclose the pending criminal charge.
The Member was not present or represented by legal counsel at the hearing. The hearing proceeded in his absence.
The Panel found the Member committed the alleged professional misconduct, and in particular, that he:
- signed or issued, in his professional capacity, a document that he knew or ought to have known contained a false or misleading statement; 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.
The Panel made an order that included the following:
- an oral reprimand;
- an 8-month suspension;
- terms, conditions and limitations, including:
- attending 2 meetings with a Regulatory Expert; and
- employer notification for 24 months.
Aggravating factors considered by the Panel included:
- the Member issued the Criminal Record Check which was misleading and did so intentionally in order for him to retain a nursing position;
- the Member’s actions were very serious and for his own personal gain; and
- the Member’s actions bring discredit to the profession.
As the Member did not attend the hearing or take part in the process, the Panel was left with no information regarding mitigating factors or circumstances it may have considered if the Member had participated in the hearing.