Reporting sexual misconduct

We recognize that coming forward with a complaint about sexual misconduct can be very difficult. Our Public Support Advisor is here to help: 902-406-8401. When you leave a message on this confidential line, your call will be returned as soon as possible. If you prefer, you can email publicinquiries@cpsns.ns.ca. 

The Public Support Advisor is a trained social worker and will listen to your concerns and answer any questions you have. They will explain the College’s complaint process so that you know what to expect. You can then decide if you would like to file a complaint.

If you decide to file a complaint, the Public Support Advisor will be your consistent, personalized point of contact throughout the process, directly supporting you through all the steps.

The College investigates all complaints of alleged sexual misconduct against physicians, physician assistants, and podiatrists.

Professional standard regarding sexual misconduct

The College has a professional standard regarding sexual misconduct by physicians. It describes what type of behaviour constitutes sexual misconduct and outlines how the College responds to allegations of sexual misconduct.

What is sexual misconduct?

Sexual misconduct can include:

• threatened or attempted sexual contact
• sexual touching of any kind
• intimate examinations or procedures that are not medically needed or are performed in a sexualized manner
• sexualized comments or questions, including those about a patient’s body, clothing, or sexual history
• discriminatory comments on the basis of sex and gender, including those about a person’s appearance, manner of dress, gender identity, sexual orientation, or sexual preferences
• sexual abuse (see description below)

Sexual misconduct does not include medically relevant questions, discussions, examinations, or procedures performed in an appropriate manner. 

Sexual misconduct by a health professional could involve the following individuals:

• a current or former patient
• family members or support persons of patients or former patients
• other health professionals, employees, or learners

What is sexual abuse?

Sexual abuse is a form of sexual misconduct and includes the following acts:

• sexual intercourse including genital to genital, genital to anal, oral to genital, or oral to anal contact
• masturbation of the patient by the health professional 
• masturbation by the health professional in the presence of the patient
• a health professional who encourages a patient to masturbate

Privacy and confidentiality

Concerns about privacy may be a worry for you. You can contact us anonymously to make general inquiries about a sexual misconduct concern. Our Public Support Advisor is here to listen and give information and can do this without knowing your identity or the identity of the health professional.

If you choose to proceed, you will need to file a formal written complaint with the College. We are obligated to provide your name to the respondent named in your complaint, but otherwise will keep all your information, including your name, confidential during the investigation and resolution process. Your name, or the names of patients involved in the complaint, will never be made public. 

Who else would know that I have filed a sexual misconduct complaint?

 In addition to the health professional named in your complaint, the following people will be aware:

• the health professional’s lawyer, if they seek legal advice and assistance
• the Registrar of the College
• the professional conduct staff who handle the complaint
• the members of the Investigation Committee if the file is referred to them

Why report a concern about sexual misconduct

Reporting a sexually inappropriate encounter with a health provider might feel emotional or difficult. However, when you tell us what happened to you, it ultimately helps others. Your information means the College can address and investigate the inappropriate behaviour of its members. This can help us to keep other people safe from experiencing sexual misconduct, assault, or abuse.

What happens after you file a sexual misconduct complaint

Our Public Support Advisor contacts you

After you file a sexual misconduct complaint, our Public Support Advisor will get in touch with you. They will be your main point of contact with the College throughout the investigation. They will explain next steps, answer your questions, and provide support throughout the whole process.

We notify the physician about the complaint

The physician is provided a copy of the complaint and is required to respond within a given time period.

An Investigator gathers information related to your complaint

An Investigator is a physician trained to conduct investigations. They are responsible for gathering information such as copies of relevant medical records kept by the health professional, clinic, or hospital. 

If appropriate, they may also contact other people to learn more about what happened (e.g.,nursing staff or any witnesses you named in your complaint).

Measures may be taken to protect the public when a complaint is being investigated. In some cases, the complaint will be referred to an Investigation Committee, made up of physicians and members of the public. The Investigation Committee may determine it is necessary to place restrictions on a health professional’s practice, or even suspend their licence.

You may be asked to provide more information in an interview

The Investigator or an Investigation Committee may decide that they would like to hear from you about your encounter, and may invite you to meet with them for an interview. This may be done virtually.

You will have the opportunity to have a support person with you, or the Public Support Advisor can provide support for you. Your interview will be recorded. The health professional named in your complaint will not be present.

The health professional will receive a recording of your interview. They may also be required to attend a separate interview with the Investigator or Investigation Committee. 

Outcomes

The Registrar or Investigation Committee consider all the evidence and decides if your complaint requires a disciplinary hearing. If this is the case, this means that charges are filed against the health professional and the case is referred to a Hearing Committee.