Dillon J Richards

Dillon J Richards
Registration Number: 20382
Case Number: 2022-0057

On November 2, 2022, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Dillon J Richards to the Discipline Committee for a hearing.

Overview of the Allegations

1. At all material times Dillon J. Richards was a registrant of the College of Physiotherapists of Ontario holding a Provisional Practice Certificate of Registration.

2. It was alleged that between January 1, 2022 and March 1, 2022, D. Richards engaged in professional misconduct within the meaning of the following paragraphs of section 1 of the Professional Misconduct Regulation, O. Reg. 388/08:

• paragraph 1 (failing to maintain the standards of practice of the profession);
• paragraph 10 (sexual abuse of a patient);
• paragraph 18 (engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional);
• paragraph 26 (failing to keep records in accordance with the standards of practice of the profession); and
•  paragraph 27 (falsifying a record).

3. Further, during the period of  January 1, 2022 to February 23, 2022, D. Richards committed acts of professional misconduct under ss. 1(3), 1(4) and s.51(1)(b.1) of the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18 (the “Code”) in that he engaged in sexual abuse of a patient. The details of the allegations can be found in the notice of hearing.

Hearing Outcome
The hearing started on December 14, 2022 and it adjourned indefinitely (adjourned sine die). The Panel of the Discipline Committee agreed to adjourn the hearing sine die given that  the Registrant  signed an Acknowledgement and Undertaking to resign their  certificate of registration with the College and to never apply or reapply to practice as a physiotherapist in Ontario. The undertaking reads as follows:
 

I, Dillon J. Richards (Reg No. 20382), acknowledge and undertake as follows:

1. In November 2022, a panel of the Inquiries Complaints and Reports Committee referred allegations involving my conduct, including sexual abuse of a patient, to the Discipline Committee for a hearing (College File Number 2022-0057). The allegations included that in the period January and February 2022, I engaged in sexual communications with a patient by social media including the exchange of nude photographs; engaged in verbal sexual communications with a patient during appointments; and engaged in sexual acts, including oral sex and sexual intercourse, with the patient during the patient’s appointments at the Clinic. The allegations further include that I falsified the patient’s clinical record following the patient reporting to the Clinic, and that in March 2022, I contacted the patient and made efforts to discourage the patient from reporting to the College or continuing with her report to the College.
2. This acknowledgment and undertaking does not constitute an admission of any professional misconduct, including sexual abuse.
3. I undertake to resign my membership and certificate of registration with the College effective December 14, 2022.
4. I acknowledge and agree that, in exchange for providing an original copy of this Undertaking executed by me to the College, the College will ask the panel of the Discipline Committee to adjourn the hearing in College File Number 2022-0057, sine die.  
5. I acknowledge that after I resign my membership with the College, I will not be entitled to use the title “physiotherapist”, “physical therapist” or any abbreviation thereof or equivalent in another language. I will not be entitled to hold myself out as a person who is qualified to practice in Ontario as a physiotherapist/physical therapist and I will not be entitled to imply that I am a physiotherapist/physical therapist in Ontario.
6. I hereby undertake never to apply or re-apply for membership, registration, licensure or similar status with the College as a physiotherapist or for a license to practice physiotherapy in Ontario.
7. I acknowledge that if I ever apply or re-apply, or attempt to apply or re-apply for membership, registration, licensure or similar status with the College in the future, the College will be entitled to rely upon this undertaking in any registration or other similar proceeding as reason to deny my application.
8. I acknowledge that if I attempt to register as a physiotherapist in another jurisdiction and that regulatory body asks for information about this matter, the College will be entitled to disclose the content of its investigation files with the other jurisdiction.
9. I acknowledge that if I ever apply or re-apply for membership, registration, licensure or similar status as a physiotherapist for a license to practice physiotherapy in Ontario after December 14, 2022, the College shall, in its sole discretion, have the right to proceed with a disciplinary proceeding on the basis of a breach of this undertaking and, if I am successful in being registered, the College shall also be entitled to proceed with the discipline hearing in case numbers 2022-0057.
10. In the event of a breach of this undertaking and the College proceeding with discipline hearing in College File Numbers 2022-0057, I hereby agree to bear the risk of any prejudice that the passage of time might cause to my ability to make full answer and defence, and waive the right to seek any remedy on the basis of the passage of time, should the College proceed with the investigation, the discipline hearing, and any allegations that may arise as a result of any future breach of this Undertaking by me.
11. I acknowledge that under section 23 of the Health Professions Procedural Code which is Schedule 2 of the Regulated Health Professions Act, the College is required to publish the fact of my resignation and this Undertaking on the College’s public register. This publication is indefinite.
12. I acknowledge that I have been advised of my right to obtain legal advice prior to entering into this Undertaking and have either availed myself of that right or chosen not to avail myself of that right.
13. I acknowledge that I am entering into this undertaking freely, voluntarily and without duress.

Decisions of the Discipline Committee of the College of Physiotherapists of Ontario are made available on CanLii (www.canlii.org).