Darren (Darrin) Russell Mathews

Acknowledgement and Undertaking as Signed by Darren (Darrin) Russell Mathews (Registration #12407) on April 29, 2021

I, Darren (Darrin) Mathews, acknowledge and undertake as follows:

1. I acknowledge that allegations about my conduct as they relate to sexual misconduct directed towards Patient A have been raised before the Inquiries, Complaints and Reports Committee (ICRC) of the College of Physiotherapists of Ontario (the “College”). The ICRC referred these allegations to the Discipline Committee on January 19, 2021, in College Case Number 2020-0134. The hearing is pending.
2. I acknowledge that on March 4, 2021, I was advised that Patient B filed a complaint about my conduct as it relates to consent, communication and sexual abuse of a patient. This matter is before the ICRC.
3. This acknowledgement and undertaking does not constitute an admission of any professional misconduct, including sexual abuse.
4. I acknowledge and agree that, in exchange for my providing to the College an original copy of this Undertaking executed by me, the College agrees not to proceed with the current investigation into my conduct.
5. I acknowledge and agree that, in exchange for my providing to the College an original copy of this Undertaking, the College will ask a panel of the Discipline Committee to adjourn the hearing in College file number 2020-0134 sine die. I undertake to resign my membership and certificate of registration with the College effective May 4, 2021.
6. I hereby undertake never to apply or re-apply for membership, registration, licensure or similar status with the College as a physiotherapist or for a license to practice physiotherapy in Ontario.
7. I acknowledge that if l ever apply or re-apply, or attempt to apply or re-apply for membership, registration, licensure or similar status with the College in the future, the College will be entitled to rely upon this undertaking in any registration or other similar proceeding as reason to deny my application.
8. I acknowledge that if l ever apply or re-apply for membership, registration, licensure or similar status as a physiotherapist for a license to practice physiotherapy in Ontario after May 4, 2021, the College shall, in its sole discretion, have the right to proceed with a disciplinary proceeding on the basis of a breach of this undertaking and, if I am successful in being registered, the College shall also be entitled to proceed with the discipline hearing in case number 2020- 0134 and the investigation of my practice based on the complaint made against me.
9. I acknowledge that after I resign my membership with the College, I will not be entitled to use the title “physiotherapist”, “physical therapist” or any abbreviation thereof or equivalent in another language. I will not be entitled to hold myself out as a person who is qualified to practice in Ontario as a physiotherapist/physical therapist and I will not be entitled to imply that I am a physiotherapist/physical therapist in Ontario.
10. I acknowledge that after I resign my membership with the College I will not be entitled to practice as a Physiotherapist Assistant (PTA) or in a similar role supporting the care provided by a registered physiotherapist.
11. I acknowledge that the College is required to include the fact of my resignation and the fact of this Undertaking on the College register and that it will also be published on the College’s website. This publication is indefinite.
12. In the event of a breach of this undertaking and the College proceeding with discipline hearing 2020-0134 and the current investigation( s ), I hereby agree to bear the risk of any prejudice that the passage of time might cause to my ability to make full answer and defence, and waive the right to seek any remedy on the basis of the passage of time, should the College proceed with the investigation and any allegations that may arise as a result of any future breach of this Undertaking by me.
13. I undertake to pay $3,000 to the College to be applied to the College’s fund for therapy and counseling by June 30, 2022, which sum may be paid in instalments.
14. I acknowledge that I have been advised of my right to obtain legal advice prior to entering into this Undertaking and have either availed myself of that right or chosen not to avail myself of that right.