The impugned conduct occurred in 2014. The hearing before the Discipline Committee on the merits took place in April 2018 and the Discipline Committee released its Decision in November 2018. The penalty portion of the hearing was held in February 2019 and the Discipline Committee released its Penalty Decision in March 2019.
The Discipline Committee found Mr. Schoelly had committed professional misconduct by committing sexual abuse in touching a patient’s genitals and by breaching a draping procedure that exposed the patient’s breasts during a twisting stretch. The Discipline Committee revoked the Member’s license
The Member appealed both the finding of misconduct with respect to sexual abuse and the penalty, as well as the costs ordered.
Under section 70 of the Health Professions Procedural Code (“Code”), under which registered massage therapy is covered, an appeal from a decision of a discipline committee lies to the Divisional Court (the “Court”) on a question of law or fact or both.
The appeal was heard by the Court on February 13, 2020, and its decision released March 2, 2020, making it one of the first post- Vavilov decisions in the professional discipline context to apply the appellate standard of review.