(The Star) A Toronto doctor who pleaded guilty to sexually assaulting a 16-year-old boy was “struggling to express his identity” as a gay man, said a discipline panel in deciding to impose no punishment.
A discipline panel at the College of Physicians and Surgeons of Ontario ruled in a rare split decision last month that Dr. Farooq Khan should receive no penalty and not have to pay any costs for his discipline proceedings.
In doing so, the majority of the panel rejected a joint submission from both the college’s and Khan’s lawyers that said the doctor should receive a 12-month suspension and pay $20,550 in costs.
Khan had admitted before the panel to an allegation of “having been found guilty of an offense that is relevant to his suitability to practice” — related to the fact that he pleaded guilty in court in 2015 to a criminal charge of sexual assault.
He received an absolute discharge in court, meaning he didn’t get a criminal record as a result of the guilty plea and didn’t have to serve a sentence.
The charge related to a 2009 incident in which a then-24-year-old Khan, who was a medical resident at the time, was sleeping over at the home of a 16-year-old boy identified as AB in the discipline panel’s decision.
The two were sharing a bunk bed, and one night Khan went down to the bottom bunk and fondled AB while masturbating, believing him to be asleep, according to the panel’s decision.
In the discipline proceedings, three of the panel’s five members — two doctors and one community member — rejected the proposed punishment of a 12-month suspension submitted by both sides.
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Editors note. This article was written by Jacques Gallant and posted at The Star. Titled changed by Pulpit & Pen
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