Dialogue Volume 11 Issue 2 2015 | Page 63

discipline summaries DR. JEFFREY STEVEN GALE Practice Location: Kingston Area of Practice: Ophthalmology Hearing Information: Contested Hearing, 10 days On December 13, 2013, the Discipline Committee found that Dr. Gale committed acts of professional misconduct, in that he sexually abused a patient, and he engaged in conduct or 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. Dr. Gale denied the allegations. Dr. Gale participated in the hiring of a young female patient, Ms. X, to work as his family’s live-in nanny. The medical issues for which Ms. X was under the care of Dr. Gale were significant and ongoing. Allegation of Sexual Abuse The Committee found that Dr. Gale had a sexual relationship with Ms. X which included oral sex and sexual intercourse which took place while she was his patient (majority opinion) at the Gale home and in Dr. Gale’s office. The Committee in its analysis considered the credibility of witnesses; the personal relationship between Dr. Gale and Ms. X which laid the groundwork for intimacy; and, a detailed assessment of the evidence relating to sexual allegations. The Committee also considered and rejected counsel for Dr. Gale’s theory of the case. The Committee accepted the evidence of Ms. X as to the intimate relationship as reasonable, logical, detailed and supported by testimony and consideration of all of the evidence. The Committee placed little or no reliability on Dr. Gale’s evidence on the major issue. The Committee noted he sought to minimize his role in crossing boundaries and justify his conduct as immature. He first denied to his lawyer that he had ever seen a valentine card addressed to Ms X’s mother, which depicted his own erect penis and which referred to her as a GILF (“Grandmother I’d Like to F***”). Later in his testimony, he admitted that he had made the card with Ms. X, saying it was an example of the sexualized humour he used. The Committee found his cavalier attitude to boundary issues to be absolutely astounding. The Committee accepted that a personal and flirtatious relationship laid the basis for the intimate relationship which followed. This included a household with few boundaries and where sexual innuendo was part of everyday conversation. Dr. Gale referred to Ms. X as a NILF (“Nanny I’d Like to F***”), smoked marijuana with Ms. X on at least one occasion, watched TV alone with Ms. X, and often hot tubbed with her alone. These events preceded the oral sex and sexual intercourse but provided the context for the sexual relations which began shortly thereafter. The Committee accepted the evidence of Ms. X as to the beginning of the intimate sexual relationship (oral sex and sexual intercourse) in May 2008, when Dr. Gale came to her bed, and when she went to his office the next day. The Committee examined in detail the evidence of a number of witnesses who testified as to the events of June 2 and 3, 2008 when it was alleged that Dr. Gale spent the night in Ms. X’s bed. The Committee found the evidence of Ms. X and her mother to be consistent and unequivocal. The Committee did not find the testimony of Dr. Gale’s wife or Ms. F (another nanny) credible on this issue. Further, the Committee accepted Ms. X’s evidence of a continuing sexual relationship from June 6 to June 12; this occurred while Dr. Gale’s wife was away. Dr. Gale’s wife insisted he fire Ms. X which he did, but he then allowed Ms. X to stay in the home and the Committee accepted that they continued their sexual relationship until her departure. The Committee did not accept Dr. Gale’s suggestion that Ms. X was after money or was motivated by revenge. There was nothing in the period of time following her firing and when the affair is alleged to have ended in mid-August that suggested that Ms. X was considering accusing Dr. Gale of anything including sexual abuse. Indeed, he acted on her behalf medically, sent her a card when she was ill, they corresponded by email, he met her at a book store and in his office and they phoned frequently. The Committee did not believe that Ms. X concocted or confabulated a detailed story of serious sexual abuse to destroy Dr. Gale’s life, home and professional career. Rather, the Committee accepted that her actions in making a complaint to the College were those of a woman scorned at the hands of her doctor and wanting to see justice done. Issue 2, 2015 Dialogue 63