discipline summaries
videos and images of women other than Patient A that were obtained from Dr . Dobrowolski ’ s computer devices .
Criminal Conviction of Dr . Dobrowolski After allegations against Dr . Dobrowolski were referred to discipline , Dr . Dobrowolski was arrested in November 2012 , and charged with sexual assault of Patient A . On May 14 , 2014 , Dr . Dobrowolski was found guilty in the Ontario Court of Justice of the following offences relevant to his suitability to practise :
( i ) having sexually assaulted 16 persons , contrary to section 271 , subsection ( 1 ) of the Criminal Code of Canada ( “ sexual assault ”);
( ii ) having without lawful excuse disobeyed a lawful Order by conducting physical examinations on 12 persons , contrary to section 127 , subsection ( 1 ) of the Criminal Code of Canada (“ breach of a court order ”); and
( iii ) having without lawful excuse , surreptitiously made visual recordings of nine persons , who were in circumstances that gave rise to a reasonable expectation of privacy when those persons were in a place in which they could reasonably be expected to be nude , to be exposing their genital organs or anal region or exposing their breasts or be engaged in explicit sexual activity , namely Dr . Dobrowolski ’ s office , and thereby having committed an offence under section 162 , subsection ( 1 ), clause ( a ) of the Criminal Code , contrary to section 162 , subsection ( 5 ) of the Criminal Code of Canada (“ voyeurism ”).
In total , the criminal findings related to Dr . Dobrowolski ’ s conduct towards 22 female patients , including Patient A . The Discipline Committee had before it and considered the Agreed Statement of Facts that was filed in the criminal proceedings , which provided the factual underpinnings for the criminal court conviction . It detailed Dr . Dobrowolski ’ s conduct towards the female patients in question , which included purporting to perform physical , gynecological and dermatological examinations that had no legitimate connection to any psychiatric care being provided by Dr . Dobrowolski to his victims . Dr . Dobrowolski unlawfully violated the sexual integrity of each of the victims of sexual assault , and was found to have made surreptitious visual recordings of nine patients without their consent .
Misconduct towards Other Patients The College ’ s and police investigative processes led to the discovery of misconduct by Dr . Dobrowolski towards other patients who were not the subject of his criminal conviction :
( i ) Regarding Patient B , when College investigators attended at Dr . Dobrowolski ’ s office in October 2012 to serve him with notice of his suspension and of the new investigation , she was present at his office . Investigators identified her as the subject of one of the videos recovered in the forensic analysis . The video shows Dr . Dobrowolski placing a concealed video camera in the area of his desk before Patient B enters the room . It then shows Dr . Dobrowolski touching Patient B ’ s breasts and vaginal area , including inserting his fingers into her vagina . College investigators advised Patient B of the video that the College had discovered . They learned from her that on numerous occasions during medical appointments Dr . Dobrowolski had conducted what Patient B believed at the time to be physical examinations on her , consisting of Dr . Dobrowolski touching her breasts and her genitals , including inside her vagina . Dr . Dobrowolski had videotaped Patient B without her knowledge , while touching her breasts and her genitals for his own sexual purposes .
( ii ) Regarding Patient C , in approximately 2011 or 2012 , Dr . Dobrowolski purported to examine a mole at a medical appointment . She removed her top but not her bra for the examination . In doing so , Dr . Dobrowolski breached the terms , conditions or limitations on his certificate of registration and the Divisional Court Order prohibiting him from conducting physical examinations , and engaged in inappropriate touching of a sexual nature .
( iii ) Regarding Patient D , she was Dr . Dobrowolski ’ s patient intermittently between 2000 and
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Dialogue Issue 4 , 2016