Discipline Case Summary

The following is a summary of a matter placed before a five-member panel of the Discipline Committee of the College of Physiotherapists of Ontario on Monday September 17th, 2007. 

The Allegations and Finding

It was alleged that the registrant committed an act of professional misconduct in respect of two patients and in respect of his conduct regarding an online dating service. Details of the allegations can be found below. 

The panel considered and accepted an Agreed Statement of Facts filed by the College and Mr. Mathews, and found the registrant guilty of professional misconduct.

Summary of Agreed Upon Facts

Darren (Darrin) Mathews, a duly registered physiotherapist in the province of Ontario, at all material times worked at Moore Muscle Therapy & Rehabilitation (MMTR) in Guelph, Ontario. 

Facts pertaining to patient "A"

On or about April 18, 2006, patient "A" was assessed by the registrant and subsequently treated by him on April 19, 2006 for back pain. During the course of providing treatment to patient "A", the registrant made inappropriate comments to her. These comments included calling her a beautiful girl and telling her she had nice eyes and hair. The registrant also asked patient "A" about her boyfriends. 

During the treatment on or about April 19, 2006, the registrant gave a note to patient "A" inviting her to return to the clinic after hours. When patient "A" returned to the clinic on that same day, the registrant kissed her and touched her arms and upper chest. Following this meeting, the registrant and patient "A" went out for coffee and the registrant told patient "A" about his personal problems and kissed her. 

Facts pertaining to patient "B"

From on or about April 25, 2006 to on or about June 1, 2006, the registrant treated patient "B". In or about May 2006, the registrant engaged in an inappropriate relationship with patient B as evidenced by e-mail correspondence between them. 

The registrant went out for coffee on more than one occasion with patient "B" during which times they both discussed their personal problems. The registrant kissed patient "B". 

Facts pertaining to online dating service

In or about May 2006, the registrant accessed an online dating service using a computer at MMTR. Women he met online often came to the clinic to meet him at the end of his work day. 

The Decision

The Discipline Panel found that the conduct alleged in the agreed statement of facts and joint submission on finding constitutes professional misconduct as defined in paragraphs 25 (disgraceful, dishonourable or unprofessional conduct) of section 1 of Regulation 861/93, as amended under the Physiotherapy Act, 1991 in respect of two patients and with respect to the registrant's use of an online dating service using his employer's computer. 

Penalty

The panel made the following order regarding penalty: 

1. Mr. Mathews will appear before the Discipline panel to be reprimanded.
2. Mr. Mathews' certificate of registration will be suspended for four months, on a date set by the Registrar.
3. There will be a term, condition and limitation imposed on Mr. Mathews' certificate of registration requiring him to provide to the Registrar a report from a registered psychologist or a psychiatrist approved by the Registrar stating that he or she supports Mr. Mathews continuing to practice physiotherapy; the report to be submitted within 60 days of the date of the Discipline panel's order.
4. There will be a term, condition and limitation imposed on Mr. Mathews' certificate of registration requiring him to attend at least once every three months, at his expense, a registered psychologist or a psychiatrist approved by the Registrar for counseling on professional boundaries for a period of two years from the date of the Discipline panel's order. In addition, Mr. Mathews will be required to arrange for a report, acceptable to the Registrar, to be sent directly from the psychologist or psychiatrist to the Registrar at least once every three months over the two year period, in which the psychologist or psychiatrist states that he or she continues to support Mr. Mathews practicing physiotherapy.
5. There will be a term, condition and limitation imposed on Mr. Mathews' certificate of registration requiring him to successfully complete, at his expense, a course in boundaries acceptable to the Registrar to be completed within six months of the date of the Discipline panel's order.
6. Mr. Mathews will pay to the College $2,500 to be paid in 11 equal monthly installments, to be paid within 12 months of the date of the Discipline panel's order.

In addition, Mr. Mathews undertook to the College to pay for therapy or counseling for the 2 patients in this matter. 

The Panel's Reasons

The panel concluded that the above penalty is reasonable and serves to protect the public interest. 

The order meets the objective of general deterrence in that its severity ensures that there is a message to the profession that this conduct is unacceptable. It meets the objective of specific deterrence to the registrant by imposing significant professional and financial obligations. The order is intended to remediate and rehabilitate the registrant as it requires him to attend regular therapy with a psychologist or psychiatrist for a period of two years and to attend a boundaries course. 

The order protects the public by encouraging the registrant's rehabilitation, and by requiring regular communication from Mr. Mathews' treating mental health professional for a period of two years indicating that he or she continues to support Mr. Mathews practicing physiotherapy. 

Mr. Mathews has cooperated fully with the College and has accepted responsibility for his actions. This is his first time before the Discipline Committee, he has expressed remorse and he self-referred to therapy. Mr. Mathews has been successfully working in another setting for 18 months prior to the hearing with no performance issues or misconduct.