On February 29, 2016, the Discipline Committee of the College of Occupational Therapists of Ontario found that Ms. Sukaina Jagani committed acts of professional misconduct by:

  • Contravening a standard of practice of the profession or failing to maintain a standard of practice of the profession
  • Engaging in misconduct of a sexual nature involving someone, other than a client, with whom the member is in a position of trust
  • Engaging in conduct that would be reasonably regarded by OTs as conduct unbecoming an occupational therapist

In October, 2013 Mr. X. was an inpatient in the Rehab Unit at a hospital in the greater Toronto area where Ms. Jagani worked as an occupational therapist. Ms. Jagani provided occupational therapy services to Mr. X approximately nine times over a two-week period.

On the same day that Mr. X was discharged from the inpatient Rehab Unit and the hospital itself, at Mr. X's request, Ms. Jagani gave her personal email information to him. Shortly thereafter, Ms. Jagani also provided her personal telephone number. From October 25, 2013 until November 20, 2013, Ms. Jagani had a personal relationship with Mr. X that included the following: accepting gifts from him; talking on the telephone; exchanging emails and text messages, some of which were sexual in nature; connecting on Facebook; kissing; hugging; and brief touching of a sexual nature while fully clothed.

In an email on October 27, 2013, Ms. Jagani told Mr. X that she had accessed his medical records after his discharge from the Hospital because she was curious to find out what area he lived in.

When Ms. Jagani attempted to break off the personal relationship, Mr. X threatened to notify her employer and the College about their personal relationship if she did not see him two more times. Ms. Jagani felt afraid and informed her employer that she had been receiving threatening text messages from Mr. X. Ms. Jagani's employer strongly urged Ms. Jagani to report this to the police, which she did.

Ms. Jagani initially withheld information from her employer and from the police with respect to her personal relationship with Mr. X. Ms. Jagani was arrested for public mischief with respect to the information she initially provided to the police about her relationship with Mr. X., but she was unconditionally released the same day, after the police completed their investigation.

On February 29, 2016, the panel of the Discipline Committee ordered:

  • A reprimand for Ms. Jagani.
  • That Ms. Jagani's certificate of registration be suspended for 24 weeks effective immediately. Seven weeks of the suspension are themselves suspended so long as Ms. Jagani complies with the terms, conditions and limitations imposed by the Discipline Committee. Failure to comply will require Ms. Jagani to serve the additional seven weeks of suspension.
  • Ms. Jagani must, at her own expense, successfully complete the Professional/Problem-Based Ethics (ProBE) course in professional ethics, within twelve months of the hearing date.
  • Ms. Jagani must, at her own expense, participate in a practice monitoring program relating to jurisprudence and professional boundaries for nine months.Ms. Jagani shall meet with the practice monitor at least once per month for at least three hours per meeting. The practice monitor shall submit three reports to the Registrar.
  • Ms. Jagani must pay to the College costs in the amount of $4,000.00 over the next two years, commencing September 1, 2016, payable in set installments.