On February 8-10, 2021, the Discipline Committee of the College heard, via videoconference, an allegation of Dr. Ghaly’s professional misconduct. The hearing proceeded in the presence of Dr. Ghaly and his counsel, and counsel for the College.
Dr. Ghaly used a cellphone to surreptitiously record video of two clinic employees, without their knowledge or consent, when they were using the staff washroom. In a subsequent criminal trial, Dr. Ghaly pleaded guilty to the offence of mischief. In the Discipline proceedings, Dr. Ghaly admitted the facts and that they constituted professional misconduct. The Committee found that Dr. Ghaly committed an act of professional misconduct, in that he:
a. engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional (under paragraph 1(1)33 of Ontario Regulation 856/93); and
b. has been found guilty of an offence that is relevant to his suitability to practise (under clause 51(1)(a) of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18).
Disposition
The parties disagreed as to what the penalty should be and, at the conclusion of the hearing, the Committee reserved decision. In its order and reasons released on June 23, 2021, the Committee directed and ordered, with respect to penalty, that:
• Dr. Ghaly attend before the Committee to be reprimanded;
• The Registrar suspend Dr. Ghaly’s certificate of registration for a period of 14 months, commencing at 12.01 a.m. on July 8, 2021;
• The Registrar place terms, conditions and limitations on Dr. Ghaly’s certificate of registration;
• Dr. Ghaly to inform the College of a change in his treating therapists
• Dr. Ghaly to inform the College of all his practice locations
• Costs to be agreed, or if not, to be determined by the Committee.
Costs
After considering written submissions, the Committee released its decision on costs dated July 13, 2021. The Committee ordered Dr. Ghaly to pay costs to the College in the amount of $15,555 by no later than August 6, 2021.
Terms and conditions imposed on certificate by: Discipline Committee