A disciplinary hearing before the B.C. College of Massage Therapists begins Tuesday for a Prince George massage therapist accused of sexual misconduct.
According to a complaint filed in October 2014, Trevor James Scott, listed as a registered massage therapist at Synergy Health and Wellness, masturbated himself during a 50-minute therapy session.
Scott has denied the allegations and instead claimed he was massaging the client with one hand because his other hand was shielding his face from the woman's body odour.
After receiving the complaint, the college had ordered that he have a chaperon with him when giving massages to women.
In turn, Scott appealed to the B.C. Supreme Court where Justice Laura Gerow reasoned that there was "insufficient evidence" because the victim was lying face down on the table and threw out the order.
The college has since asked the B.C. Court of Appeal to reinstate the restriction and a hearing was held in January. The Court of Appeal has not yet rendered a decision.
Before the Court of Appeal, the college argued that Gerow erred in judgment.
"There are many reasons why a female patient alone in a treatment room with a male practitioner may choose to act exactly as the complainant claims she did in this case," said college lawyer Angela Westmacott. "She was in a state of disbelief."
Westmacott further added that it was not Gerow's role, or the role of the college's inquiry committee conducting the investigation, to assess whether the allegations are true.
"The inquiry committee's role is to focus on whether there is a ... risk of harm (to the public), not on whether the allegations can be proven," said Westmacott. "The inquiry committee determined that interim action (the restriction) was needed toprotect the public."
The College of Physicians and Surgeons of B.C. and women's equality group West Coast LEAF also intervened in the hearing.
According to Nitya Iyer, representing the College of Physicians and Surgeons, sexual misconduct allegations are a "very difficult area" for the regulating bodies, because it's often a case of "he said, she said."
The provincial health regulators are asking the B.C. Court of Appeal to offer direction on how they can better protect the public when it comes to these kinds of allegations.
"This case will have significant impact for all health-care professionals that are regulated by the Health Care Professionals Act," said Westmacott.
The hearing before the college is scheduled for three days this week and a further two in late April. Scott is not facing any criminal charges.
- with files from Mark Nielsen, The Citizen
