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This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario on March 27, 2017 in Toronto, Ontario.
A. THE DISCIPLINE PANEL MADE THE FOLLOWING FINDINGS of professional misconduct in relation to the following allegations set out in Appendix “A” of the Notice of Hearing:
1. that Dr. Spear sexually abused the Patient on or about July 15, 2015 when he engaged in behaviour and made remarks of a sexual nature towards her as set out in the order of the Discipline Panel.
2. that Dr. Spear engaged in conduct or performed acts that, having regard to all the circumstances would reasonably be regarded by members as dishonourable and unprofessional as set out in the order of the Discipline Panel.
B. THE DISCIPLINE PANEL MADE AN ORDER:
1. Requiring the Member to appear before the Panel to be reprimanded at the conclusion of the hearing on March 27, 2017.
2. Directing the Registrar to suspend the Member’s certificate of registration for five (5) weeks, uninterrupted, commencing on May 1, 2017.
3. Directing the Registrar to impose the following terms, conditions and limitations on the Member’s certificate of registration:
a) that the Member successfully complete, at his own expense, with an unconditional pass, and within two (2) years of the date that this Order becomes final, both the ProBe Program on professional/problem-based ethics offered in Ontario and the ProBe Plus follow-up module; and
b) that the Member shall, within ninety (90) days of the date of this Order, provide proof, acceptable to the Registrar, that he has paid the sum of $16,060 to the law firm of his lawyer, Greenspan Humphrey Weinstein (”the Firm”), in trust, and instructed his lawyer that the funds shall remain in the Firm’s trust account and shall not be disbursed until:
i. the College has requested the funds, or a portion thereof, for the purpose of funding provided for the patient under the program required by s. 85.7 of the Health Professions Procedural Code; or
ii. the expiration of the 5-year time frame within which funding may be provided for a person in respect of a case of sexual abuse, as set out in O.Reg 599/94 under the Regulated Health Professions Act, 2001. S.O. 1991, c. 18, at which time the funds shall be released to the Member whichever occurs sooner.
4. Directing the Member to partially reimburse the College for its costs in relation to this proceeding in the amount of $68,000 to be paid according to the following schedule:
a) one cheque dated March 27, 2017 in the amount of 5,666.74; and
b) (11) post-dated cheques, dated for the 27th of each month, commencing April 27, 2017, each in the amount of $5,666.66.