A penalty hearing for a Barrie dermatologist has been scheduled for July 11 at the Ontario College of Physicians and Surgeons.
A discipline committee will hear arguments about the punishment Dr. Rodion Kunynetz should receive after he was found guilty on March 21 of committing an act of professional misconduct by engaging in the sexual abuse of a patient.
The College of Physicians and Surgeons of Ontario convicted 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 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.
He faces a number of possible penalties, Kathryn Clarke, the College's Senior Communications Coordinator, explained previously.
"There is 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 counseling 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 has said the doctor will be pleading not guilty and 'will vigorously defend himself against the allegations.'
Kunynetz has not practiced since the fall of 2015 after the College of Physicians and Surgeons suspended his licence.
The disciplinary committee is scheduled to hear an unspecified motion on the matter July 10.
The penalty hearing is scheduled for one day the following day.
