2018-02-21 from thestar.com

Ontario’s medical regulator has revoked the licence of a Barrie dermatologist who argued there was no way he could have rubbed his penis against his female patients because of his large belly.

The majority of a panel of the College of Physicians and Surgeons of Ontario’s discipline committee found in a decision released Tuesday that the penalty of revocation was mandatory, given that Dr. Rodion Kunynetz had been found guilty by the panel last year of sexual abuse by groping one patient’s breasts.

The panel had been unable to conclude — after expert examinations — whether Kunynetz’s penis had actually made contact with patients.

But what the panel did find was that it was not impossible, and that there was contact between the patients “and that part of Dr. Kunynetz’s lower abdomen at the level of his pelvis, and that the patients were distressed by this.” That part is known as an abdominal panniculus, or “abdominal fat pad.”

Professional misconduct findings were levelled against Kunynetz for failing to give a warning or excuse for that contact.

In addition to having his licence revoked, Kunynetz was ordered to post credit for $16,000 to cover potential therapy costs for patients, as well as pay the college $145,000 in costs for the discipline proceedings.

A lawyer for Kunynetz said they filed a notice of appeal in Divisional Court last year of the discipline committee’s decision finding the doctor guilty of sexual abuse and professional misconduct, and that they are reviewing Tuesday’s penalty decision.

“Dr. Kunynetz may amend his notice of appeal to address errors in the penalty decision,” said lawyer Matthew Sammon. “Given the extant notice of appeal, we are not in a position to make any further comment at this time.”

A number of patients had testified at Kunynetz’s discipline hearing that he rubbed his penis against their legs during examinations, an allegation that Kunynetz argued was physically impossible.

Urological experts were hired by both the college and the doctor’s defence team to chemically induce erections in Kunynetz and then simulate patient examinations to determine if indeed his penis could be felt against a patient’s leg.

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