Dermatologist’s licence revoked
Claimed size of his belly made allegations of abuse impossible
Ontario’s medical regulator has revoked the licence of a Barrie dermatologist who argued there was no way he could have rubbed his penis against his female patients because of his large belly.
The majority of a panel of the College of Physicians and Surgeons of Ontario’s discipline committee found in a decision released Tuesday that the penalty of revocation was mandatory, given that Dr. Rodion Kunynetz had been found guilty by the panel last year of sexual abuse by groping one patient’s breasts.
The panel had been unable to conclude — after expert examinations — whether Kunynetz’s penis had actually made contact with patients.
But what the panel did find was that it was not impossible, and that there was contact between the patients “and that part of Dr. Kunynetz’s lower abdomen at the level of his pelvis, and that the patients were distressed by this.” That part is known as an abdominal panniculus, or “abdominal fat pad.”
Professional misconduct findings were levelled against Kunynetz for failing to give a warning or excuse for that contact.
In addition to having his licence revoked, Kunynetz was ordered to post credit for $16,000 to cover potential therapy costs for patients, as well as pay the college $145,000 in costs for the discipline proceedings.
A lawyer for Kunynetz said he filed a notice of appeal in Divisional Court last year, of the discipline committee’s decision finding the doctor guilty of sexual abuse and professional misconduct, and that Tuesday’s penalty decision is being reviewed.
“Dr. Kunynetz may amend his notice of appeal to address errors in the penalty decision,” Matthew Sammon said.
“Given the extant notice of appeal, we are not in a position to make any further comment at this time.”
A number of patients had testified at Kunynetz’s discipline hearing that he rubbed his penis against their legs during examinations, an allegation that Kunynetz argued was physically impossible.
Urological experts were hired by both the college and the doctor’s defence team to chemically induce erections in Kunynetz and then simulate patient examinations to determine if indeed his penis could be felt against a patient’s leg.
After conflicting results from the two experts and after consulting photographic evidence from one of the procedures, the discipline panel could only conclude “that the impossibility of contact between the doctor’s penis and a patient’s skin (through clothing) was not established.”
In its penalty decision released Tuesday, the panel acknowledged that the Kunynetz case had attracted much publicity that could be described as “extremely unpleasant, stressful and even salacious,” but it was largely a consequence of Kunynetz’s chosen defence.
“The cumulative effect of Dr. Kunynetz’s misconduct, including both sexual abuse and disgraceful, dishonourable and unprofessional conduct, is to undermine public trust in the integrity of the profession of medicine,” the panel said.
“When the committee viewed Dr. Kunynetz’s misconduct in light of changes in public and professional values, the multiplicity of findings and Dr. Kunynetz’s lack of acknowledgement of the consequences of his actions, the committee concluded that the penalty of revocation was appropriate and necessary.”
Kunynetz still faces a separate discipline hearing later this year for professional misconduct allegations involving 30 patients, 18 of whose claims also include sexual abuse allegations.
Changes to provincial legislation that came into effect last May— after Kunynetz had been found guilty by the panel at his first discipline hearing of sexual abuse and professional misconduct — required that healthcare professionals found guilty of groping their patients have their licences automatically revoked.
The majority of the discipline panel found that the changes are retroactive and applied them to Kunynetz’s case, although they concluded that they would have revoked his licence even if the amendments did not apply. A dissenting member of the panel, Peter Pielsticker, disagreed that the changes are retroactive, but nonetheless concluded that revocation was necessary in this case “given the seriousness of the sexual abuse finding.”
Kunynetz already had been suspended by the college since October 2015, pending the outcome of the discipline proceedings.
The doctor is set to stand trial in criminal court in Barrie beginning March 19 on two counts of sexual assault, according to courthouse staff.
He faces a further trial in December on another sexual assault charge. Those allegations have not yet been proven in court.
A number of patients had testified at Kunynetz’s discipline hearing that he rubbed his penis against their legs during examinations