Dialogue Volume 11 Issue 1 2015 | Page 46

discipline summaries Dr. Walid Abawi Practice Location: Toronto/Bowmanville Practice Area: General Surgery Hearing Information: Contested Hearing, Joint Submission on Penalty On September 12, 2013, the Discipline Committee found that Dr. Abawi committed an act of professional misconduct, in that he engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. The Committee found that while working at a hospital, Dr. Abawi led a nurse (Ms A) into a bathroom, made unwanted and inappropriate sexual advances and remarks, trying to hug her and kiss her twice and then resting his body against the closed bathroom door. When the nurse stated she was leaving, Dr. Abawi did not stand in her way. The Committee found that in the context of the encounter, Dr. Abawi briefly confined the nurse without her consent, by his unwanted advances, his physical blocking of the door and the resulting psychological intimidation. Reasons for Findings The complainant, Ms A, a Registered Nurse at Hospital X, alleged that Dr. Abawi, a General Surgeon at the same hospital, made unwanted and inappropriate sexual advances to her on a Saturday in 2006. Ms A claims that Dr. Abawi guided her into a washroom after she assisted him in transferring a patient to the Operating Room (OR). Ms A alleged Dr. Abawi attempted to hug her and kiss her on the lips without her consent, and asked her if she was interested in having an affair. Ms A claimed that Dr. Abawi stood in front of the door blocking her exit. Dr. Abawi denied hugging and kissing Ms A and testified that he invited Ms A into the bathroom and she agreed to join him. Dr. Abawi said he asked Ms A if she was interested in having an affair as he claimed she had been flirtatious with him in the preceding months or years. Ms A had been away on maternity leave for the preceding 13 months, and returned to work for a handful of shifts approximately four or five weeks before the incident. 46 The Committee found Ms A credible because her version of what happened in the bathroom was clear, consistent and unshaken on cross examination. The Committee found any inconsistencies to be of a minor nature or explainable. Furthermore, the scenario that was painted by counsel for Dr. Abawi was implausible. Ms A’s emotional state in the immediate period after the encounter as well as two days later was commensurate with the seriousness of it and augmented her version of what happened. Ms A’s demeanour during her testimony added to her believability. Dr. Abawi wrote a letter to the new Chief of Staff in April 2008 in which he described progressive flirtatious behaviour by Ms A. When Dr. Abawi discovered that Ms A was away from work during the time he alleged this behaviour, he testified about not being able to remember. He had however been quite specific in his 2008 letter and when he spoke to Ms E (an investigator for the hospital) prior to learning of Ms A’s absence. The Committee concluded that Ms A did not engage in any flirtatious or sexually explicit behaviour at any time. Dr. Abawi’s vagueness and inconsistencies about the timeline and about the most explicit sexual acts that he said she had engaged in, “unlike anything he had seen before in the workplace,” led the Committee to find that he was not believable or telling the truth. He admitted that the premise of the letter of 2008, “I was not harassing her, she was harassing me,” was a lie. In summary, Dr. Abawi was inconsistent about the exact nature of Ms A’s flirtatiousness, the timeline involved, and his intentions in talking to Ms A. The Committee concluded that Dr. Abawi was careless with the truth. In coming to this conclusion, the Committee found that Dr. Abawi was not credible. Reasons for Penalty The Committee considered the aggravating and mitigating factors. Dr. Abawi’s actions were highly inappropriate, intimidating, and took place in a hospital setting. Ms A’s testimony summed the incident well: “Never in a million years would I ever have thought that I would be pulled into a bathroom and sexually assaulted at my own place of employment by somebody who I’m supposed to trust.” Ms A testified how shocked and scared she was. In considering the penalty proposed, the Committee considered several issues, including those elucidated above by Ms A, regarding the context of Dr. Dialogue Issue 1, 2015 Issue1_15.indd 46 2015-03-19 11:18 AM