DISCIPLINE SUMMARIES
DR. ASHRAF FEKRY ZAKI MOURCOS
PRACTICE LOCATION: Kitchener
AREA OF PRACTICE: General Practice
HEARING INFORMATION: Plea of No Contest; Statement
of Uncontested Facts; Joint Submission on Penalty
On January 15, 2018, the Discipline Committee
found that Dr. Mourcos committed an act of profes-
sional misconduct in that he engaged in conduct or
an act or omission relevant to the practice of medi-
cine that, having regard to all the circumstances,
would reasonably be regarded by members as dis-
graceful, dishonourable or unprofessional.
Dr. Mourcos is a general practitioner who received
his certificate of registration authorizing independent
practice in Ontario in 2001. At the relevant time, Dr.
Mourcos practised family medicine in his clinic in
Kitchener.
DISGRACEFUL DISHONOURABLE OR
UNPROFESSIONAL CONDUCT
In or around March 2013, Ms. A commenced em-
ployment for Dr. Mourcos as a medical receptionist.
In June 2013, after the last patient for the day had
left, Ms. A and Dr. Mourcos were alone in the office
and engaged in conversation. Ms. A commented that
it had been a busy day. Dr. Mourcos offered to give
her a massage. He had offered massages on earlier oc-
casions, and had massaged the back of her neck while
she sat at her desk working. On those occasions, Ms.
A agreed to the massage and when she asked Dr.
Mourcos to stop, he stopped. On that day, Ms. A
declined Dr. Mourcos’ offer. When Dr. Mourcos per-
sisted, telling her that this would be a good practice
for him as he was taking classes in massage therapy,
Ms. A gave in and agreed to the massage.
Dr. Mourcos told Ms. A that he could give her a
better massage if she lay down on the examination
table. Ms. A lay on the examination table face down
and Dr. Mourcos commenced massaging her back
over top of her shirt. She was wearing scrubs at the
time. Dr. Mourcos then inserted his hands under-
neath her shirt. Ms. A did not object to this touching
as she felt it was like a regular massage. Ms. A felt
Dr. Mourcos slip his hand underneath the waistband
of her pants and move his hand towards her right
hip. He asked if he could massage under her pants
and she said “no”. Dr. Mourcos then moved his hand
upwards and continued to massage Ms. A’s back un-
der her shirt for about a minute. He then moved his
hands towards Ms. A’s mid-back and unclasped her
bra, without Ms. A realizing it. Without warning or
consent, Dr. Mourcos moved his right hand toward
her right breast, placing his fingers on the side and
upper part of her right breast for a couple of seconds.
Ms. A sat up quickly, and ended the massage. At that
point, Ms. A realized that her bra was undone. Dr.
Mourcos asked Ms. A to kiss him. Ms. A refused. He
leaned in to kiss her, but Ms. A turned her head and
he ended up kissing her on the cheek.
Ms. A left the examining room and returned to
her desk in the reception area. Shortly thereafter, Dr.
Mourcos engaged her in conversation in the recep-
tion area, asking her about her marriage and whether
she had engaged in sexual relations with other
people. The conversation ended when the phone rang
and Ms. A attended to the call. Ms. A finished her
duties for the day and left the office. She was upset
about what had occurred. She told her mother what
happened and then contacted police that evening.
She did not return to work.
ORDER
The Committee ordered: a six-month suspension of
Dr. Mourcos’ certificate of registration; a reprimand;
terms, conditions and limitations on Dr. Mourcos’
certificate of registration, such that he shall be sub-
ject to workplace monitoring in all practice locations
by a regulated health professional, approved by the
College, for a minimum of two years. The Commit-
tee also ordered that Dr. Mourcos to pay costs of a
one day hearing at the rate of $5,500.00.
For complete details, please see the full decision at
www.cpso.on.ca. Select Find a Doctor and enter the
doctor’s name.
At the conclusion of the hearing, Dr. Mourcos waived
his right to an appeal and the Committee administered
the public reprimand.
ISSUE 4, 2018 DIALOGUE
71