Judge asked to reinstate restrictions
ALLEGED MISCONDUCT: College of Massage Therapists wants court to reverse appeal
The B.C. College of Massage Therapists is asking the B.C. Court of Appeal to reinstate restrictions placed on a Prince George massage therapist who is facing a disciplinary hearing for alleged sexual misconduct.
Trevor Scott, who is listed as a registered massage therapist at Synergy Health and Wellness, was initially under an order from the college to have a chaperon when giving massages to women after an October 2014 complaint that alleges he masturbated during a 50-minute therapy session.
Scott denied the allegations and instead claimed he was massaging the client with one hand because his other hand was shielding his face from the woman’s body odour.
He appealed the restriction placed upon him by the college and B.C. Supreme Court Justice Laura Gerow threw it out. Gerow reasoned that there was “insufficient evidence” because the victim was lying face down on the table.
After Gerow’s decision, Scott was able to practise without a chaperon, pending a disciplinary hearing. But in a Vancouver courtroom Monday, the college argued that Gerow erred in her judgment.
“There are many reasons why a female patient alone in a treatment room with a male practitioner may choose to act exactly as the complainant claims she did in this case,” said college lawyer Angela Westmacott. “She was in a state of disbelief.”
Westmacott further added that it was not Gerow’s role or the role of the college’s inquiry committee conducting the investigation to assess whether the allegations are true.
“The inquiry committee’s role is to focus on whether there is a … risk of harm (to the public), not on whether the allegations can be proven,” said Westmacott. “The inquiry committee determined that interim action (the restriction) was needed to protect the public.”
The College of Physicians and Surgeons of B.C. and women’s equality group West Coast LEAF also intervened in the hearing.
According to Nitya Iyer, representing the College of Physicians and Surgeons, sexual misconduct allegations are a “very difficult area” for the regulating bodies because it’s often a case of “he said, she said.”
The provincial health regulators are asking the B.C. Court of Appeal to offer direction on how they can better protect the public when it comes to these kinds of allegations.
“This case will have significant impact for all health-care professionals that are regulated by the Health Care Professionals Act,” said Westmacott.
The disciplinary hearing for Scott, who was at the hearing on Monday, begins March 1.
The allegations have not been proven in court and Scott is not facing any criminal charges.
“This case will have significant impact for all health-care professionals ... regulated by the Health Care Professionals Act.”
— Angela Westmacott