The College alleged that Dr. Islam engaged in sexual abuse of and/or disgraceful, dishonourable or unprofessional conduct towards Patient A, during a September 2017 echocardiogram appointment, including by:
- hugging and/or kissing Patient A, including while she was partially clad;
- making remarks of a sexual and/or inappropriate nature to Patient A;
- touching, moving, and/or lifting an item of Patient A’s clothing without clinical indication and/or consent; and
- touching Patient A’s breasts without clinical indication and/or consent.
The College also alleged that Dr Islam engaged in disgraceful, dishonourable or unprofessional conduct in that he sent an inaccurate consultation letter regarding Patient A to a colleague.
In September 2019, the Discipline Committee heard submissions and testimony from the parties and witnesses, and reserved its decision. On February 4, 2020, the Discipline Committee found that Dr. Islam engaged in an act of professional misconduct, in that he 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.
The Committee found that the allegation of sexual abuse is not proven.
The full text of the Committee’s decision is available on the College’s website.
Below is a brief summary of the findings.
With respect to an allegation of hugging, the Committee concluded that Dr. Islam hugged Patient A but found the two hugs did not constitute touching of a sexual nature, but did constitute disgraceful, dishonourable or unprofessional conduct.
With respect to an allegation of kissing, the Committee could not conclude on a balance of probabilities that Dr. Islam kissed Patient A.
With respect to a comment which Dr. Islam acknowledged making about Patient A’s breasts, the Committee found that it does not rise to the level of sexual misconduct. However, in the context of performing an echocardiogram, the comment was not clinically warranted and therefore was disgraceful, dishonourable and unprofessional.
Dr. Islam acknowledged making a comment about Patient A’s “granny panties”, and the Committee found that this comment constitutes disgraceful, dishonourable and unprofessional conduct.
With respect to an allegation that Dr. Islam touched Patient A’s jogging pants, the Committee found there was no clinical indication for Dr. Islam to do so, and that Dr. Islam’s conduct in this regard was unprofessional.
With respect to a discussion of Patient A’s sex life and other sexual content, the Committee found that Dr. Islam’s engaging with Patient A in that conversation was unprofessional. Considering the test set out in R. v. Chase, the Committee did not find his comments to constitute sexual abuse. Although the discussion was of sexually related topics, it was not of a sexualized character or nature.
With respect to an allegation that Dr. Islam touched Patient A’s breast(s), the Committee found that the allegation of sexual abuse on the basis that Dr. Islam engaged in touching of a sexual nature of Patient A’s breast or breasts is not proven.
The letter which Dr. Islam sent to Patient A’s family physician was a narrative of Dr. Islam's version of his communication with Patient A and the chain of events The letter was inappropriate and self-serving. Dr. Islam’s conduct in sending that letter to Patient A’s family physician was disgraceful, dishonourable and unprofessional.
Penalty
The Committee held a penalty hearing on May 27, 2020, via Skype. In its Order regarding penalty and costs, dated May 27, 2020, the Committee:
- Ordered Dr. Islam to attend before the panel to be reprimanded
- Directed the Registrar to suspend Dr. Islam’s certificate of registration for a period of four (4) months, commencing from May 28, 2020 at 12:01 a.m.
- Directed the Registrar to place the following terms, conditions and limitations on Dr. Islam’s certificate of registration effective immediately:
(i) Until the end of the suspension of Dr. Islam’s certificate of registration as set forth in paragraph 2, Dr. Islam shall comply with the College Policy “Closing a Medical Practice”
(ii) Dr. Islam shall participate in the PROBE Ethics & Boundaries Program offered by the Centre for Personalized Education for Professionals, by receiving a passing evaluation or grade, without any condition or qualification. Dr. Islam shall complete the PROBE program within seven (7) months of the date of this Order, and will provide proof to the College of his completion, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it.
- Ordered Dr. Islam to pay costs to the College in the amount of $31,110.00 within sixty (60) days of the date of the Order.
Decision and Reasons
On February 4, 2020, the Committee released its full Decision and Reasons on finding. On July 17, 2020, the Committee released its full Decision and Reasons on penalty. The two decisions (combined) are available for review on the College’s website.
Terms and conditions imposed on certificate by: Discipline Committee
