The Member committed professional misconduct when she or a person acting on her behalf sent inappropriate Facebook communications to several individuals, which included potential witnesses to her prior discipline hearing. The Member admitted that the messages included information that would only have been known to someone who had reviewed the confidential materials provided by the College of Nurses of Ontario (“CNO”) to the Member, including medical records and information provided to CNO during its investigation into the Member.
Based on the Member’s admissions, the Panel found the Member:
- contravened a standard of practice of the profession or failed to meet the standards of practice of the profession; and
- engaged in conduct, relevant to the practice of nursing, that, having regard to all the circumstances, would reasonably be regarded by members as dishonourable and unprofessional.
CNO and the Member presented the Panel with a Joint Submission on Order that included the following:
- an oral reprimand;
- a 4-month suspension;
- terms, conditions and limitations, including:
- attending a minimum of 2 meetings with a Regulatory Expert; and
- a 12-month employer notification period.
The Panel accepted the Joint Submission on Order, and concluded that the proposed penalty was reasonable and in the public interest.
Aggravating factors considered by the Panel included:
- the seriousness of the misconduct, in that the Member made personal attacks on proposed witnesses immediately following her previous discipline hearing;
- the disclosure of personal information pertaining to her hearing after an Order had been issued by a previous panel prohibiting disclosure; and
- the misconduct took place over an extended period of time and involved a number of people.
Mitigating factors considered by the Panel included:
- the Member accepted responsibility, admitted her misconduct, and cooperated with the CNO by agreeing to an Agreed Statement of Facts and the Joint Submission on Order.