Panel hearing summary 2020.0893

Decision of the Nursing and Midwifery Board of Australia

Performance and professional standards panel 

Jurisdiction: Victoria
Date of Decision: 28 October 2020

Classification of Notification

Boundary violation - Inappropriate sexual contact

Summary

The Board referred allegations that the Practitioner breached professional boundaries by behaving inappropriately towards a female colleague. This included inappropriately touching the colleague without her consent. The Panel considered that the behaviour was sexual harassment. Such behaviour was heightened having regard to the fact that the Practitioner was acting in a position of authority and further, had previously been cautioned by his employer for unwelcome physical contact towards a female colleague in the workplace.

The Panel found that the Practitioner had behaved in a way that constitutes unprofessional conduct. The Panel cautioned the Practitioner. In determining sanction, the Panel considered that a caution will ensure that the Practitioner appreciates the seriousness of his conduct and the need to maintain professional integrity at all times including in respect of maintaining professional boundaries in the workplace, fostering a safe work environment for colleagues and refraining from behaviour which amounts to sexual harassment.