A Barrie dermatologist has been found guilty of professional misconduct involving a number of allegations including sexual abuse of a patient.
The College of Physicians and Surgeons of Ontario convicted Dr. Rodion Kunynetz of touching a woman's breasts under her bra with 'no clinical justification.'
The discipline committee also found that Kunynetz engaged in conduct or 'an act of omission' that would be reasonably regarded as “disgraceful, dishonourable or unprofessional” by failing to give two patients proper warning or explanation for removing some of their clothes.
The panel released its findings Tuesday.
The issue that put the story in national headlines was the doctor's defence against some patients' allegations that he rubbed his penis against their legs during examination.
Dr. Kunynetz argued this was physically impossible because his large belly prevented his penis from making contact.
"After reviewing the totality of the evidence, the committee found that there had been 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. The committee did not find on the evidence that there was intentional touching of Dr. Kunynetz’s genitalia against the body of Patients C and D," the disciplinary panel wrote.
"However, the committee remained concerned that there was contact between a portion of Dr. Kunynetz's body, in the area of his large abdominal panniculus, or abdominal fat pad, and this contact was not accompanied by any form of warning, apology or excuse."
The Committee said it was of the view that a reasonable physician would make every attempt to ensure that this did not occur, and that failure to make such attempts or to apologize if it occurred accidentally, or incidentally, represented an unacceptable level of insensitivity on the part of Dr. Kunynetz, without care or concern for the patients.
"Therefore, the Committee found that the contact which occurred between Dr. Kunynetz’s lower abdomen at the level of his pelvis and Patients C and D was conduct that, having regard to all the circumstances, would be reasonably regarded by members as disgraceful, dishonourable or unprofessional," according to the College's ruling.
The doctor was also found guilty of contravening a condition placed on him by the college to not see female patients without a chaperone on two separate occasions.
"Dr. Kunynetz’s point that he adhered to the undertaking in some 700 patients was given as mitigation; however it can equally be viewed as evidence that Dr. Kunynetz was very aware of the conditions expected by the College," the committee found.
Kunynetz has 30 days in which he can give notice to the college to appeal its ruling to divisional court.
He faces a number of possible penalties, according to Kathryn Clarke, the College's Senior Communications Coordinator.
"There a range of options available to the discipline panel from revoking Dr. Kunynetz's license to suspending it for a period of time and or imposing practice restrictions, public reprimand. He can be ordered to reimburse the college for funding for the one patient where the sexual abuse allegations were proven. We administer a fund for therapy and counselling so he could be ordered to reimburse the college for funding for that patient."
Kunynetz still faces criminal sexual assault charges but his lawyer David Humphrey says no trial dates have been set.
"A trial is still a long way off," said Humphrey in an email. "Dr. Kunynetz will be pleading not guilty and will vigorously defend himself against the allegations."
