Dialogue Volume 15, Issue 2 2019 - Page 50

DISCIPLINE SUMMARIES hearing costs of $15, 680.00. For complete details of the Order, please see the full decision at www.cpso.on.ca. Select Find a Doctor and enter the doctor’s name. APPEAL On April 26, 2019, Dr. Horri appealed the penalty decision to the Superior Court of Justice (Divisional Court). The appeal operates to stay the penalty deci- sion pending the outcome of the appeal. DR. HARVEY CHRISTOPHER HYSON PRACTICE LOCATION: London AREA OF PRACTICE: Neurology HEARING INFORMATION: Statement of Uncontested Facts on Liability; Uncontested Penalty On January 23, 2019, the Discipline Committee found that Dr. Hyson committed an act of profes- sional misconduct, in that he has been found guilty of an offence that is relevant to his suitability to practise and he has engaged in conduct unbecoming a physician. At all relevant times, Dr. Hyson practised at the London Health Sciences Centre as a neurologist and held a position as an assistant professor in neurology at Western University. Dr. Hyson communicated with an individual who he believed to be a 16-year-old girl for the purpose of procuring sexual services. Dr. Hyson was imme- diately made aware at the time of initial contact of the age of the individual, and the detective posing as the 16-year-old girl continued to indicate to Dr. Hyson that Dr. Hyson was communicating with a 16-year old. Dr. Hyson persisted in his attempts to communicate with and requested photographs of this fictitious teenager, “Janice.” Dr. Hyson not only requested a sexual encounter, he also made all the arrangements to carry out the sexual encounter, including making arrangements with respect to the location, date, and time and bringing funds for the transaction. His actions were intentional and planned, involving ongoing corre- 50 DIALOGUE ISSUE 2, 2019 spondence. On April 12th, 2012, shortly after 3:00 p.m., police observed Dr. Hyson approach the agreed- upon location in his vehicle. Police initiated a stop and Dr. Hyson was arrested. On arrest, $300 in cash was seized from Dr. Hyson’s front pocket and a cell phone from his car. This amount was the price agreed on by Dr. Hyson and the detective posing as the 16-year-old girl, for the anticipated sexual services that Dr. Hyson would receive. Police conducted an investigation into the Internet Protocol Addresses (“IP address”) associated with the e-mails exchanged between Dr. Hyson and the detec- tive. Dr. Hyson sent the emails from his personal IP addresses and also from an IP address belonging to Western University, and other IP addresses associated with London Health Sciences Centre. On December 20th, 2016, Dr. Hyson pleaded guilty before Justice Gorman in the Superior Court of Justice in London Ontario, to one count of at- tempting to stop a motor vehicle for the purposes of obtaining the sexual services of a prostitute. The Crown Attorney and Dr. Hyson’s counsel made a joint submission on sentence for a suspended sentence and an order of six months’ probation. The joint submission was accepted by Justice Gorman. Breach of Undertaking On January 14, 2018, Dr. Hyson entered into a vol- untary undertaking to restrict his practice. The Janu- ary 2018 undertaking provides that Dr. Hyson was to notify staff at his Practice Locations of his practice restriction by providing a copy of the undertaking to management. Further, the undertaking provides that Dr. Hyson was to ensure that the manager in charge during each of his shifts at his Practice Locations was aware of his practice restriction. Dr. Hyson breached his undertaking by not in- forming management or staff at McCormick Nursing Home of his practice restrictions. ORDER The Discipline Committee ordered: revocation of Dr. Hyson's certificate of registration; a reprimand; and payment of hearing costs to the College in the amount of $6000.00.