Nurse pleads guilty to sexual harassment

Professional misconduct leads to $10K fine, six-month suspension

A nurse accused of professional misconduct, including sexually harassing a number of colleagues while working at the Balcarres Integrated Care Centre, has pleaded guilty to the allegations against him.

Marlon Gonzales appeared before a Saskatchewan Registered Nurses Association (SRNA) tribunal Tuesday and made his plea before final witnesses could be heard.

In a joint submission, legal counsels for Gonzales and the SRNA agreed on a suspension of six months and a fine of $10,000 in costs to the SRNA for the Philippines native, whose hearing had previously broken down in September.

Back then, Gonzales agreed to go ahead without a lawyer and pleaded not guilty, but after four witnesses had already testified against him, he claimed he had only proceeded without a defence team when funding became problematic.

He also complained about a language barrier as he had tried to cross-examine witnesses himself, and his wife Wyndy Nippi, who intervened at the time, claimed that witnesses were lying and asked that a mistrial be called.

During those hearings one victim, 23, said Gonzales asked about her virginity; asked to give her foot massages; left a mango on her windshield along with a note with a heart and an arrow on it; and followed her from work in his car after her last shift, saying he wanted to give her “a proper goodbye.”

“I couldn’t make myself go back,” the victim, who never returned to work at the centre, said.

“I don’t know what I would do if I was back there in those rooms.”

A 31-year-old co-worker described a similar scenario, saying Gonzales opened her passenger door and asked to kiss her, and suggested he would follow her in his car.

Another victim, 25, said she and a colleague were jokingly talking about breast sizes when Gonzales cupped his hands and said he “could tell me what size my boobs were.”

After the hearing on Tuesday, Roger Lepage, counsel for the SRNA investigative committee, praised the four witnesses for their courage and resolve.

He said that in effect the suspension amounted to 18 months; Gonzales had his employment terminated at the Balcarres centre in December 2015, and has been unemployed for the past 12 months.

“We felt that a further six months would drive home the fact that these are serious incidents,” Lepage said.

In his own statement at the hearing, Gonzales apologized for his actions, saying they had badly impacted on his relationship with his wife and kids.

He said he could only pray for a second chance.

“I think that with the passage of time he’s had the opportunity to reflect on his behaviour,” Lepage added.

“He’s asked for a second chance; he’s been given a second chance by his regulatory body. I can only hope that he takes that opportunity.”

Suspended for six months from the date of the hearing, Gonzales will pay $10,000 in instalments starting in 2019.

Before he can return to work, he must complete courses that cover: respectful behaviour with colleagues, respect for professional boundaries and sexual harassment. Should he return to nursing, the first 480 hours of his work must be done under the direct supervision of a registered nurse, with the next 1,520 hours under indirect supervision; he must not himself be in a supervisory role for two years; and he must not practise independent nursing such as home care or community nursing for two years.

Meanwhile, in a written summary of evidence provided by a witness who was due to testify before Gonzales made his guilty plea, the witness — the Balcarres centre’s facility manager — noted that when Gonzales started at the centre, he (the witness) was aware Gonzales had “prior history” with an earlier employer.

This led the manager to print off, and review with Gonzales, their policy on harassment. Postmedia News