Sexual misconduct charge upheld against therapist

A disciplinary committee has upheld a finding that a Kelowna massage therapist sexually touched a female client in 2015.

The College of Massage Therapists’ had determined Robert Morgan committed professional misconduct.

A patient seeking therapy after a car accident accused Morgan of touching her breasts and buttocks “for non-therapeutic purposes” and also ordered her to undress without proper coverings.

The committee held its hearing in December and its June 8 ruling was recently posted. Morgan did not attend the hearing.

After her second appointment with Morgan, “(name redacted) complained to the receptionist that she had an ‘uncomfortable massage’ from the Respondent, that she had a ‘really bad experience,’ and she requested to speak to a manager about it,” the committee’s report said.

The complainant “stated that she ‘never thought’ to complain to the College until after she spoke to a friend about her experience,” the report continued.

The “friend told her to ‘look up’ the Respondent.” She “searched the internet and found an article about a complaint regarding the Respondent which she found to be very similar to her own experience … On Sept. 8, 2017, she filed her complaint with the College.”

The panel concluded: “the Respondent failed to comply with the Code of Ethics by engaging in ‘sexual misconduct.’ In particular, the Respondent engaged in ‘touching, of a sexual nature,’ of a patient … There was no therapeutic reason for touching buttocks or breasts, particularly her nipples. The touching was not accidental. It was objectively of a sexual nature.”

The panel found the complainant to be credible: “The Panel accepts the evidence of (name redacted). Her evidence was clear, specific, and without exaggeration. It was detailed. It was internally consistent. The sequence of events, disclosures to third parties and filing of a College complaint are reasonable.”