Acknowledgement & Undertaking, as signed by Joseph Trambulo on November 2, 2024.
I, Joseph Trambulo, acknowledge and undertake as follows:
- I acknowledge that in January 2024, a panel of the Inquiries Complaints and Reports Committee of the College (“ICRC”) referred allegations involving my conduct to the Discipline Committee for a hearing. The allegations included that I failed to maintain the standards of practice of the profession, engaged in sexual abuse of a patient, failed to maintain records in accordance with the practice of the profession, and falsified clinical notes. (College File Number 2023-0205)
- I undertake to resign my membership and certificate of registration with the College effective December 31, 2024. Between December 15, 2024 and December 31, 2024 I will be unable to deliver patient care and this will be reflected as a term, condition and limitation on my certificate of registration.
- I acknowledge and agree that, in exchange for providing an original copy of this Undertaking executed by me to the College, the College will withdraw the allegations against me as set out in the Notice of Hearing dated January 22, 2024 (College File Number 2023-0205).
- This acknowledgment and undertaking does not constitute an admission of any liability or professional misconduct.
- I acknowledge that after I resign my membership with the College, I will not be entitled to use the titles, “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. I will be able to refer to my academic qualifications.
- 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.
- I acknowledge that if I 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.
- I acknowledge that if I attempt to register as a physiotherapist in another jurisdiction and that regulatory body asks for information about this matter, the College will be entitled to disclose the content of its investigation files with the other jurisdiction.
- I acknowledge that if I ever apply or re-apply for membership, registration, licensure or similar status as a physiotherapist, for a license to practice physiotherapy in Ontario after December 31, 2024 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, peremptorily to me, to rescind the withdrawal of the allegations set out in the Notice of Hearing, re-initiate and re-open the Notice of Hearing in College file number 2023-0205, and to proceed to prosecute the allegations set out in the Notice of Hearing before the Discipline Committee.
- In the event of a breach of this undertaking and the College proceeding with discipline hearing in College File Number 2023-0205, 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 discipline hearing, and any allegations that may arise as a result of any future breach of this Undertaking by me.
- I acknowledge that under section 23 of the Health Professions Procedural Code which is Schedule 2 of the Regulated Health Professions Act, the College is required to publish the fact of my resignation and this Undertaking on the College’s public register. This information will also appear on the College’s website. This publication is indefinite.
- 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.
- I acknowledge that I am entering into this undertaking freely, voluntarily and without duress.