A Prince George RMT is once again under investigation by the College of Massage Therapists of British Columbia.
The college says in a release dated April 17, 2019, Trevor Scott is under investigation after a patient has alleged he engaged in a conduct of a sexual nature while providing her with massage therapy.
As a result, Scott has been ordered to certain conditions including he has a chaperone approved in advance by the college present at all times during the consultation, assessment, examination as well as treatment of female patients while the alleged incident is investigated.
In the release, the inquiry committee for the college says they believe there was a prima facie (which means complaints are accepted as correct until proven otherwise) case of sexual misconduct as a real risk to the public in this alleged matter which requires the public to be protected by an interim order during the investigation.
This isn't the first time Scott has been accused of engaging in conduct of sexual nature.
According to court documents, In 2014, a female patient sent in a complaint against Scott on Oct. 8, 2014, where she says he allegedly was touching himself during their Oct. 3, 2014. She informed police right away after the session.
In the report to police, she says Scott was allegedly touching himself while massaging her with his other hand. After 10 minutes, she says he allegedly started massaging her with both hands.
She also said the alleged touching of himself took place twice for and the first incident lasting for close to 20 minutes.
The unnamed alleged victim said at the time to police that she did not want to lay charges or Scott be spoken to. No actions were taken by the police.
The inquiry committee for the college assigned an investigator to interview the woman in regards to the alleged incident. The woman described multiple situations to the interviewer.
On Oct. 10, 2014, the inquiry committee received the police report. On Oct. 15, 2014, the committee then received the summary of the interview conducted with the woman by the investigator.
Trevor Scott, a Prince George RMT, is under investigation for alleged sexual misconduct. (via Synergy Health and Wellness)If the committee believes the actions are necessary to protect the public, they are allowed to use certain actions during the investigation of a registrant or pending a hearing of the discipline committee including:
(a) Impose limits or conditions on the practice of the designated health profession by the registrant, or
(b) Suspend the registration of the registrant
(2) An order of the inquiry committee under subsection (1) must
(a) Be in writing
(b) Include reasons for the order
(c) Be delivered to the complainant, if any, and to the registrant, and
(d) Advise the registrant of the registrant's right to appeal the order to the Supreme Court
Oct. 16, 2014, the inquiry committee deemed the alleged conduct to be "extremely serious." The committee also said there was a lack of measures to protect the public while seeing no evidence showing that Scott would not present a risk to other female patients.
He was required to have a chaperone approved in advance by the college present at all times during the consultation, assessment, examination as well as treatment of the female patient.
Scott was served with the decision on Oct. 17, 2014.
He denied the accusations to the college, where they said Scott did not provide clear case law which supported a decision that a prima face case only exists where the registrant admits of the complaints, has been criminally convicted of sexual assault, has more than one complaint before the college, or has a history of complaints with the college.
Scott then took his case to the Supreme Court to have the inquiry committee's decision and orders overturned.
The judge took ruled in his favor, saying the committee relied on what she (the alleged victim) heard and felt and not what she saw.
"The complainant could easily have opened her eyes or looked to see whether her suspicions as to what the petitioner was doing (were) correct," Justice Laura Gerowsaid said.
She also added, “the inquiry committee accepted the complainant’s allegations without any assessment of the plausibility of her account, or the fact she gave different versions of what took place to the police and the interviewer."
Gerowsaid ruled the orders be overturned.
But the college then took the case to the Court of Appeal for British Columbia, arguing the judge erred by saying sexual misconduct can't be sustained, for purposes of an interim action if alleged conduct was detected by senses other than sight.
"The appellant college submits that the judge erred by failing to apply a reasonableness standard of review, by embarking on her own evaluation of the evidence, and by finding that the decision was not reasonable," the appeal ruling reads.
The college ended up winning the appeal with the Honourable Chief Justice Baumanruling ruling that the committee is allowed to take interim actions when they are immediate and necessary to protect the public.
But in Oct. of 2016, the discipline committee of the college of massage therapists said they were left uncertain whether the events happened or not. and the case against Scott was dropped.
"The panel is left with a situation where it is uncertain what happened in the treatment room on Oct. 3, 2014."
