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Phil Towsley
This matter came before a Panel of the Discipline Committee on March 7, 2007.
Background
From March 2003 through September2006 Mr. Towsley was involved in various aspects of the College’s Quality Assurance Program. From February 2005 through September 2006, Mr. Towsley consistently failed to provide information and documents pursuant to the remediation program in a timely manner or at all. The Deputy Registrar of the College brought this issue to the Registrar’s attention for her consideration.
After an investigation of the concerns cited by the Deputy Registrar, the Executive Committee (a screening committee of the College) referred the matter to the Discipline Committee for a hearing.
Prior to the hearing date, counsel for the College and counsel for the member discussed the case on several occasions. During the discussions, Mr. Towsley agreed that his actions in the above noted matter constituted professional misconduct. The College and Mr. Towsley were able to negotiate a penalty which was confirmed as being appropriate by the College’s Executive Committee. The parties agreed that the penalty recognized the mitigating factors in the case, the need to address the issue of deterrence and provide for rehabilitation.
The Member’s Plea
Mr. Towsley admitted the allegations and the fact that his conduct constituted professional misconduct.
A Summary of the Allegations and Agreed Facts
- On or about March 23, 1999, Mr. Towsley entered into an undertaking with the College of Occupational Therapist of Ontario (the “College”). Mr. Towsley did this pursuant to a complaint made against him on or about April 14, 1998. The purpose of the undertaking was to create a learning opportunity with regard to the format of reports.
- In the undertaking Mr. Towsley agreed to provide copies of invoices to the College for a purpose specifically related to the undertaking. Mr. Towsley was consistently late in providing to the College copies of the client invoices that he had undertaken to provide however all requested invoices were eventually submitted.
- In early 2001, Mr. Towsley failed to provide to the College proof of professional liability insurance in a timely manner. As soon as this oversight was pointed out to Mr. Towsley, he completed the missing portion of the form and demonstrated that there had been no lapse in insurance coverage.
- In or about June 2002, Mr. Towsley refused to sign the Quality Assurance Declaration on his annual registration form. He explains that he did not sign it at that time because it would have been untruthful to declare that he fully understood all of the Quality Assurance standards. As such he was required by the Quality Assurance Committee in or about March 2003 to undergo a Competency Review, which is a component of the College’s Quality Assurance Program.
- Mr. Towsley’s Competency Review submission was due on October 3, 2003, but he failed to provide it to the College until on or about October 22, 2003, and then it was still incomplete.
- Based on his response to the Competency Review process, Mr. Towsley was required by the Quality Assurance Committee in or about January 2004 to undergo a Competency Evaluation, which is a more detailed process than the Competency Review and involves an indepth formal assessment by peer assessors.
- The Competency Evaluation was conducted on or about May 14, 2004.
- As a result of the Competency Evaluation Mr. Towsley was required in or about February 2005 to participate in a remediation program supervised by the Manager, Quality Programs. The remediation program entailed submitting various learning modules, self-assessment tools and learning contracts.
- From on or about February 2005 to September 2006, Mr. Towsley consistently failed to provide information and documents pursuant to this remediation program in a timely manner or at all.
Decision
The Panel agreed that Mr. Towsley’s conduct constituted professional misconduct. This finding was made in accordance with paragraph 25 and 28 of O.Reg.800/93, as amended under the Occupational Therapy Act, 1991.
| paragraph 25 |
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Contravening the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts |
| paragraph 28 |
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Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. |
The Panel of the Discipline Committee agreed that the proposed penalty. Counsel for the parties suggested that the penalty was reasonable and that it fulfilled the five Principles on Order namely:
- Protection of the Public,
- Maintaining the reputation of the profession and its ability to govern itself,
- General deterrence for the profession,
- Specific deterrence to the member, and
- Rehabilitation of the member
In addition, the panel acknowledged the following mitigating factors:
- This was Mr. Towsley’s first finding of professional misconduct
- Mr. Towsley admitted responsibility and avoided the expenses which would otherwise have been incurred had a contested hearing been required.
Penalty and Costs
Counsel for the College advised the Panel that a Joint Submission on Order had been agreed upon. The Joint Submission on Order was accepted by the Panel. The order of the Panel is as follows:
- Mr. Towsley will receive a reprimand on a date to be set by the Registrar, the fact of which shall be recorded on the College register.
- The Registrar is directed to suspend Mr. Towsley’s certificate of registration for two weeks, to be served on a date to be set by the Registrar.
- One week of the suspension referred to in paragraph 2 herein will be suspended if Mr. Towsley complies with the terms, conditions and limitations of this order and pays in full the costs described in section 9 herein. That second week of the suspension will be served if Mr. Towsley fails to pay the costs described in section 9 within the deadline set out therein.
- The Registrar is directed to impose a term, condition and limitation on Mr. Towsley’s certificate of registration that requires him to successfully complete a course on professional regulation/conduct approved by the Registrar at his cost at his earliest opportunity but in any event no later than 9 months after the Discipline panel’s order becomes final.
- The Registrar is directed to impose a term, condition and limitation on Mr. Towsley’s certificate of registration that requires him to write a letter of apology to the Quality Assurance Committee acceptable to the Registrar, which demonstrates appropriate reflection upon his behaviour, to be done within 30 days of the Discipline panel’s order becoming final.
- The Registrar is directed to impose a term, condition and limitation on Mr. Towsley’s certificate of registration that requires him to comply with all currently outstanding Quality Assurance requirements within 60 days.
- The Registrar is directed to impose a term, condition and limitation on Mr. Towsley’s certificate of registration that requires him to comply with the requirements of the Quality Assurance Program in a timely manner in the future.
- The Registrar is directed to impose a term, condition and limitation on Mr. Towsley’s certificate of registration that requires him to respond to the College appropriately and within the timeline given by the College to any written inquiry made by the College that requests a response.
- Mr. Towsley will pay to the College costs in the amount of $2250.00, to be paid by way of 18 equal monthly instalments of $125.00, the first payment of which shall be made no later than the 15th day of the first month after the Discipline panel’s order becomes final. Post-dated cheques for the entire amount will be provided to the College the day of the hearing.
In addition to appearing on the website, this summary will be available in the annual report. Please feel free to contact the Manager of Investigations & Resolutions should you require additional information.
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