Doc hit with $700k civil court fines, costs for sexually assaulting fellow doctor found guilty: tribunal

An Ontario doctor found guilty in a civil trial and fined with almost $700,000 in damages and hearing costs for sexually assaulting a fellow physician has now been condemned for the same offence by the Ontario Physicians and Surgeons Discipline Tribunal. Dr. Syed Nasir Ali, a cardiologist in Sarnia, Ont., will continue to practice until the tribunal decides on sanctions in the case, which stems from an incident that took place in June 1999 and in which he was found guilty by an Ontario Superior Court Judge in April 2017. A spokesperson for the College of Physicians and Surgeons of Ontario could not confirm if any restrictions will be placed on Dr. Ali's practice. A penalty hearing has not been scheduled at this point. “I would also note that under the Regulated Health Professions Act, there are very limited circumstances in which an Ontario health regulatory college could place restrictions on a member’s license in advance of a decision by their independent tribunal, and those decisions would be appealable to the provincial court should they not meet the high bar set out in legislation,” the spokesperson wrote in an email to The Medical Post. Read: Ob-gyn arrested and charged with two counts of sexual assault In its discipline decision written on Dec. 9, the tribunal concluded that Dr. Ali raped a female doctor who worked in the same hospital where he was medical director, and also engaged in disgraceful, dishonourable and unprofessional conduct by participating in discussions concerning a dispute the complainant had filed over her hospital privileges. “Following the assault, (the complainant) had to return to a work environment in which he held power and authority over her professionally,” wrote the tribunal. “She had difficulties at the hospital, including the completion of patient records, extended absences, poor meeting attendance and at times (whether founded or not), concerns regarding collegiality and clinical practice. This brought her into conflict with Dr. Ali in his role as a medical director.” While the tribunal was not persuaded by the complainant’s submission that, after the assault, Dr. Ali persecuted her in the workplace in effort to drive her out, it did take issue with Dr. Ali making a response to the complainant’s fight to reinstate her hospital privileges. The tribunal wrote, "he had a conflict of interest arising from the fact he had sexually assaulted the complainant. We find his very presence during these discussions to have been unprofessional and it understandably would have been very distressing for the complainant.” Read: REVOKED: Toronto doctor sexually assaulted patient and invited her to 'arousal sessions' The tribunal agreed with a 2017 Ontario Superior Court finding that in June 1999 Dr. Ali went to the home of the complainant—with whom he and his wife had a friendly relationship outside of work—under the pretext of needing her to complete a life insurance form. The rape occurred not long after his arrival. Dr. Ali had also claimed initially that he never had sexual contact with the complainant but, on the eve of the trial, changed his story and said the two of them had carried on a consensual extramarital affair, which they had both kept from their spouses. The court did not believe Dr. Ali’s story about the affair or his claim that the complainant made up the sexual assault as leverage in her privileges dispute, which she put forward in 2000, one year after the assault. The court heard during the trial that the complainant had reported the sexual assault to a number of people the day after it happened. Dr. Ali was ordered by the court to pay $200,000 in general and punitive damages, $155,700 in prejudgement interest, and $325,000 in court costs. After losing an appeal to reduce the damages to no more than $50,000, Dr. Ali was slapped with an additional $15,000 for costs related to his appeal. Read: College now investigating doctor for alleged sexual assault in 1999

Doc hit with $700k civil court fines, costs for sexually assaulting fellow doctor found guilty: tribunal

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