DISCIPLINE SUMMARIES
was with Patient A at the time of her injury, attended
at the hospital with her. Patient A was provided with
a hospital gown and removed her pants, so that her
injury could be assessed by Dr. Baird.
When Patient A asked Dr. Baird when she would
be able to stand on the leg, Dr. Baird responded that
she could stand on the leg at whatever point she was
able to handle the pain.
Patient A then asked Dr. Baird when she would be
able to ride her motorcycle. Dr. Baird looked at Mr.
X and stated words to the effect of: “he looks like a
motorcycle, you could ride him.”
Patient A was shocked and offended by this com-
ment, which she perceived as sexual harassment. She
promptly complained to the hospital.
When Dr. Baird was advised of the complaint, he
expressed regret for his actions and remorse that the
patient had been emotionally injured by the encoun-
ter. Dr. Baird agreed to write a letter of apology to
the patient, including an assurance to the patient
that as a result of this interaction being brought for-
ward, he would change his behaviour.
The letter of apology was not sent to Patient A.
Instead, the hospital attempted to arrange a meeting
between Patient A and Dr. Baird. However, Patient A
rejected the invitation to meet with Dr. Baird.
Nurse A
During an evening shift on April 29, 2012, Dr. Baird
was the attending emergency room doctor.
Nurse A was standing at the nursing station togeth-
er with her co-workers when Dr. Baird was speaking
What does this mean?
We provide definitions for the legal terminology used in the discipline process
Admission
The physician admits that the facts
alleged amount to professional mis-
conduct and/or incompetence.
Plea of No Contest
The physician does not contest the
facts. The College files a statement of
facts as an exhibit at the hearing. The
Discipline Committee can accept the
facts as correct and make a finding
of professional misconduct and/or
incompetence. The physician does
not admit to the facts or findings for
the purpose of any other proceeding.
Agreed Statement of Facts
A statement of facts that are negoti-
ated and agreed to by the College and
the physician. It is filed as an exhibit
at the hearing.
Joint Submission on Penalty
A penalty that is proposed to the
Committee as an appropriate penalty
by both the College and the physi-
cian. In law, the Discipline Committee
must accept a joint submission on
penalty unless it would be contrary to
the public interest and bring the ad-
ministration of justice into disrepute.
Contested Hearing
The physician denies the allegations.
The College must prove the allega-
tions on a balance of probabilities
(the civil standard of proof) by calling
evidence such as witnesses. If one
or more of the allegations is proved,
a penalty hearing is scheduled. The
College and the physician may agree
and jointly propose a penalty to the
Committee or they may disagree and a
contested penalty hearing takes place.
Aggravating, Mitigating
Circumstances
Aggravating and mitigating circum-
stances may be considered by the
Discipline Committee in determining
an appropriate penalty. Miti gating
and aggravating circumstances are
considered by the Committee, so that
the penalty imposed is proportionate
to the gravity of the physician’s con-
duct, and the degree of responsibility
of the physician. Mitigating circum-
stances tend to reduce penalties,
whereas aggravating circumstances
tend to increase penalties.
Aggravating circumstances could
include: a high degree of vulnerability
of the person(s) affected by the phy-
sician’s conduct; a prior disciplinary
history with the College; and a lack
of insight by the physician into his or
her own misconduct.
Mitigating circumstances could in-
clude: a clean disciplinary record; an
admission to the facts underlying the
allegations in advance of a hearing;
cooperating with the investigation; a
demonstration of remorse or regret
about the effects of the misconduct
on others; taking remedial steps on
the physician’s own initiative prior to
a finding or an order by the College.
ISSUE 3, 2018 DIALOGUE
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