Gallant, J. (2016). Alleged sex abuse victim's fight for justice turns into bureaucratic nightmare. Toronto Star. 2 Dec, 2016. Retrieved online: https://www.thestar.com/news/gta/2016/12/02/alleged-sex-abuse-victims-fight-for-justice-turns-into-bureaucratic-nightmare.htmlIn this article, Gallant (2016) describes the ongoing legal battle between Sveta Kholi and her former neurologist, Paul O'Connor. Kholi has accused O'Connor of sexual abuse. After the complaint was lodged formally, a complex bureaucratic process ensued whereby the entire case appears to have been stalemated. The College of Physicians and Surgeons of Ontario has a committee that formally handles complaints, and the Health Professions Appeal and Review Board (HPARB) is a civilian body that hears appeals specifically from that very same College of Physicians and Surgeons of Ontario.
However, the bureaucratic complications become even trickier. According to the journalist, the College of Physicians and Surgeons also has an Inquiries, Complaints and Reports Committee. The HPARB has ordered on two separate occasions for the Inquiries, Complaints, and Reports Committee to keep Kholi's case open and launch a full investigation. The Committee has failed to comply, and admits that it "failed to adequately review her allegations from when she was his patient." The Committee also admits that it had only reviewed the facts of the case after the doctor-patient relationship had been terminated. Doctor O'Connor of course denies the allegations, but last year he officially resigned from his position and has agreed to not reapply for any physician license in any other jurisdiction. According to Gallant (2016), the Committee "took into account" the doctor's resignation and his agreement not to practice medicine any longer.
Recently, the Inquiries, Complaints, and Reports Committee agreed to take another look into the case but refused to send it on to the College's discipline committee. The discipline committee would have allowed for a public hearing. Moreover, the Committee claims that too much time has passed since the initial allegation and that the doctor does not have sufficient ability to mount his defense. Kohli's attorney cites numerous other instances of potential College of Physicians and Surgeons of Ontario misbehavior, as, for example, the College initially failed to pass on the complaint to the Inquiries, Complaints, and Reports Committee in 2006 when Kohli launched the first official complaint. Ten years of "back and forth" has stagnated the case, led to a situation where Kohli's mental health has deteriorated as a result.
The College of Physicians and Surgeons of Ontario also claims that, "there has been a considerable societal shift in attitude towards allegations of sexual abuse since the complaints committee first considered this case," without offering any specifics as to what those changes might have been. The College claims that if Kohli had filed her first...
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