A former massage therapist from Kelowna has petitioned the Supreme Court of B.C. to have his misconduct hearing made public.
In 2015 and 2017, Robert Morgan was accused of professional misconduct during employment as an RMT in Kelowna. Two complaints were filed to the B.C. College of Massage Therapists (CMTBC) accusing Morgan of non-therapeutic touching, failed consent and failure to provide adequate drapings.
Prior to Morgan’s hearing on Dec. 8, 2019, the college requested that the hearing be done in private, which was then approved by the discipline committee.
According to the Health Professions Act, hearings of the discipline committee must be made in public unless “the complainant, respondent or a witness requests the discipline committee to hold all or any part if the hearing in private.”
On Dec. 9, Morgan’s legal counsel filed a petition to the Supreme Court of B.C. to have the hearing held in public. At the time of the petition, the committee provided no reason behind the decision to have the hearing held behind closed doors.
The decision to change the hearing to private was called “unreasonable” and “should be overturned” in court documents.
The hearing will be delayed until Morgan’s petition request is reviewed.
On Dec. 16, the CMTBC released a report stating that the two complainants accusing Morgan had made requests for private hearings.
For more information on the case, visit cmtbc.ca.
Morgan is no longer a practicing RMT and the professional misconduct allegations will be reviewed in the hearing which has not yet been rescheduled.
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