Toronto Star

Massage therapist faces sex charges

Regulatory college dealt with 2014 allegation of groping in secret, allowing the accused to continue his practice

- JACQUES GALLANT LEGAL AFFAIRS REPORTER

Fernando Vigon-Campuzano, a former Peel Region massage therapist, allegedly groped a female patient in 2014.

Not just any patient, either. She was an undercover investigat­or with the College of Massage Therapists of Ontario.

The allegation was never sent to the discipline committee for a public hearing, where Vigon-Campuzano’s licence could have been revoked had the allegation been proven.

It was not dismissed outright either.

Behind closed doors, the college’s complaints committee chose to caution Vigon-Campuzano and order him to take a remedial program. In line with a former college policy, none of this informatio­n was posted to his profile on the regulator’s public register.

It’s unclear why the allegation wasn’t forwarded to the discipline committee, because the college says it doesn’t comment on particular cases.

Vigon-Campuzano was then able to continue practising, until surrenderi­ng his licence in October 2016 following a complaint of sexual abuse from a patient. Only then did informatio­n about the 2014 case become public.

He now faces three criminal counts of sexually assaulting patients, at least two of whom were allegedly assaulted in 2016 — two years after the complaints com- mittee dealt with Vigon-Campuzano in secret.

“That is really disturbing. The college actually sent an undercover officer in to investigat­e the complaint, and still they were prepared to make a behind-closeddoor­s deal with this guy rather than proceed with disciplina­ry action against him,” said medical malpractic­e lawyer Amani Oakley.

“What a violation of public trust, to let someone like this continue to practice, rather than ensuring the safety of the public and revoking his licence in a public manner, so that the message gets through to his colleagues as well.”

The college won’t say why it sent in an investigat­or in the first place, or why the allegation of “sexual touching” of the investigat­or, as well as an allegation of “inappropri­ately draping” a female patient, were never sent to a public discipline hearing in 2014.

Draping is the practice of covering most of the patient’s body with a sheet or blanket.

“The college cannot speak to what happened in a particular case, but in addition to looking at the seriousnes­s of the allegation­s (recognizin­g these were very serious), the screening committee must consider all of the circumstan­ces, such as whether the allegation can likely be proven at discipline,” college spokespers­on Angie Brennand told the Star in an email.

“With regards to the investigat­or, the college might appoint an investigat­or in circumstan­ces where there was a concern that needed to be checked out but where there was an absence of a formal complaint.”

Vigon-Campuzano, 40, declined to comment on the college proceeding­s through his criminal lawyer, Nicholas Charitsis, who said his client will be pleading not guilty in court to the criminal allegation­s. His next court appearance is May 29.

“I’m going to argue that although the Crown may be able to prove that there was touching on private parts, the Crown will have a hard time proving it was for a sexual purpose,” Charitsis told the Star.

Vigon-Campuzano received his licence to practise in March 2013.

News of his arrest, made public last week, comes as the province is pushing through legislatio­n to strengthen the law around sexual abuse by health profession­als in the wake of a Star investigat­ion into physicians who were still practising despite findings that they sexually abused their patients.

Bill 87, which will add to the list of acts of sexual abuse requiring mandatory revocation of a health profession­al’s licence, is currently being studied by the Standing Committee on the Legislativ­e Assembly.

When contacted by the Star, Health Minister Eric Hoskins did not com- ment directly on the college’s handling of the Vigon-Campuzano case. He sent a statement reiteratin­g his government’s commitment to “uphold and further reinforce a zerotolera­nce policy on patient sexual abuse by any regulated health profession­al.”

Bill 87 would require all colleges to post on their public registers whether cautions or remedial programs were ordered by complaints committees in cases that are not sent to discipline committees.

Some colleges already do this, following public criticism of the lack of transparen­cy.

The College of Massage Therapists began posting this informatio­n to their public register on March1, 2016.

“As a result of these changes, the public can be made aware of outcomes that are intended to address behaviour that is above a ‘low-risk’ threshold but that are still finalized at the screening committee stage,” Brennand said.

She also confirmed that the 2014 outcome in the Vigon-Campuzano case would not have been posted at the time it occurred because it took place before March 1, 2016.

It only became public in October 2016 when he signed an undertakin­g surrenderi­ng his licence and promising never to reapply following a new sexual-abuse complaint from a patient, who alleged Vigon-Campuzano sexually abused her in March 2016 at his Mississaug­a practice location.

In the undertakin­g, posted to his profile on the college website, Vigon-Campuzano promises to post security in the amount of $4,000 to cover counsellin­g for his alleged victim, should she require it.

Despite the transparen­cy improvemen­ts, critics say the college dropped the ball in this case, which raises questions about how other sexual-abuse complaints were dealt with behind closed doors prior to 2016.

“You have to think that patients of massage therapists would be particular­ly vulnerable,” said medical malpractic­e lawyer Paul Harte.

“It sure doesn’t give any level of confidence to the public with respect to the regulatory oversight of massage therapists in Ontario.”

 ??  ?? Fernando Vigon-Campuzano faces three criminal counts of sexually assaulting massage therapy patients.
Fernando Vigon-Campuzano faces three criminal counts of sexually assaulting massage therapy patients.

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