DISCIPLINE DECISIONS
The Alberta College of Optometrists (ACO) has a regulatory obligation under the Health Professions Act (HPA) to make public:
- Decisions of unprofessional conduct including any Sanctions (penalties) or conditions imposed on a regulated member’s Practice Permit.
- Access to decisions of a Hearing Tribunal.
- Publication of decisions relating to sexual abuse or sexual misconduct on the regulatory college’s website.
The ACO supports the mandatory public disclosure provisions of the HPA. This disclosure is grounded in the public interest to increase transparency and public confidence in the decisions of the regulatory college. Any publication of decision summaries, occurring on or after January 1, 2022, will be published on the ACO website for 10 years from the date of the decision; however, as required by the HPA, any findings of sexual abuse or sexual misconduct will be published indefinitely.
Decision Summary - Dr. Morley Bayer
Particulars of the Regulated Member’s unprofessional conduct arise from information received by the College which was treated as a complaint. The complaint was investigated, and the following charges were brought before a hearing tribunal of the College:
- On or about September 2019 the Regulated Member physically assaulted another Regulated Member.
- On or about May 2020 the Regulated Member inappropriately asked an employee at the Regulated Member’s clinic how her jeans felt.
- On or about June 2020 the Regulated Member disclosed inappropriate details to a patient regarding his relationship with another Regulated Member.
- On or about December 2020 the Regulated Member made inappropriate comments with respect to the ethnic background of an employee at the Regulated Member’s clinic.
- On or about December 2020 the Regulated Member inappropriately asked an employee at the Regulated Member’s clinic whether she received a pregnancy test for Christmas.
- On or about January 2021 the Regulated Member made inappropriate comments to an employee at the Regulated Member’s clinic concerning her eating and/or her weight.
- On or about January 2021 the Regulated Member made inappropriate comments to an employee at the Regulated Member’s clinic in regard to her risk of miscarriage and the Regulated Member inappropriately disclosed to the employee another Regulated Member’s history of miscarriage and how the miscarriages affected the other Regulated Member.
The Regulated Member had taken remediation and rehabilitation steps prior to the hearing and has maintained ongoing supports, which was given significant weight by the Hearing Tribunal. The Regulated Member has admitted to the above charges. Pursuant to a joint penalty proposal to a Hearing Tribunal, the Hearing Tribunal ordered that the Regulated Member’s Practice Permit be suspended for 30 consecutive days. The Regulated Member was also ordered to pay $9,500 in fines and $13,000 in costs regarding the investigation and hearing.
Decision Summary - Dr. Daniel Osman
Particulars of the Regulated Member’s unprofessional conduct arise from a complaint to the College which was investigated, and the following charge was brought before a Hearing Tribunal of the College:
- On or about April 2021, while performing a trial lens test on a patient, the front of the Registrant’s body inadvertently, momentarily, and without any sexual connotation touched the back of a patient’s body, all of which constituted unprofessional conduct as defined in the Health Professions Act and breached the College’s Standards of Practice and Code of Ethics.
The Regulated Member admitted to the above charge. Pursuant to a joint penalty proposal to a Hearing Tribunal, the Hearing Tribunal ordered that the Regulated Member’s Practice Permit be suspended for 30 consecutive days and that he participates in a multidisciplinary assessment by the Comprehensive Occupational Assessment Program. The Regulated Member was also ordered to pay a fine of $2000 and also to pay $30,903.20, which represents 75% of the costs regarding the investigation and hearing.
Decision Summary - Dr. Darryl Remus
Particulars of the Regulated Member’s unprofessional conduct arise from two complaints to the College and also information received by the College which was treated as a complaint. The complaints were investigated, and a Hearing Tribunal of the College found the Regulated Member guilty of unprofessional conduct relating to the following charges:
- On or about January 5, 2021 to April 12, 2021 the Regulated Member failed to wear a mask when treating and/or interacting with patients, the Regulated Member failed to have measures in place at the Regulated Member’s clinic in order to maintain compliance with the two metre social distancing requirement, and the Regulated member did not require patients to be masked when treating and/or interacting with them.
- On or about January 5, 2021 to April 12, 2021 one or more staff members of the Regulated Member’s clinic failed to wear a mask when treating and/or interreacting with patients and did not require patients to be masked when treating and/or interacting with them.
- On or about January 5, 2021 to April 12, 2021 the Regulated Member encouraged patients to disregard masking requirements, the Regulated Member offered unsolicited personal views and/or advice about masking, the COVID-19 pandemic and the necessity or efficacy of COVID-19 vaccines, and the Regulated Member sent unsolicited e-mails to patients (including outside of optometric treatment) that expressed the Regulated Member’s personal views in relation to masking, the COVID-19 pandemic, and/or the necessity and/or efficacy of COVID-19 vaccines.
- On or about April 2021 the Regulated Member failed to or refused to comply with a request of or co-operate with an investigator appointed pursuant to Part 4 of the Health Professions Act.
- On or about November 2021 until March 2022 the Regulated Member breached a suspension order issued pursuant to Section 65 of the Health Professions Act by providing professional services of an optometrist when the Regulated Member’s practice permit was suspended, and the Regulated Member also used the protected title “optometrist” while the Regulated Member’s practice permit was suspended.
The Hearing Tribunal ordered the Regulated Member’s registration with the ACO to be permanently cancelled. The Regulated Member was also ordered to pay $42,000 in fines and to pay $96,947.77, which represents 75% of the costs regarding the investigation and hearing. Legal (and other) actions are currently being taken by the College to enforce these orders.
Decision Summary - Dr. Benjamin (Ben) Cahoon
On May 24, 2021, the ACO received a complaint which contained very serious allegations of misconduct against Dr. Benjamin Cahoon while he was practicing in another jurisdiction (California). Dr. Cahoon was also a regulated member of the ACO at that time.
Given the seriousness of the allegations outlined in the complaint received by the ACO, Dr. Cahoon’s ACO Practice Permit was suspended on June 7, 2021 pending the outcome of the investigation into this complaint. Dr. Cahoon’s ACO Practice Permit was effectively cancelled as of January 1, 2022 as it was not renewed.
The ACO investigation into the complaint against Dr. Cahoon confirmed that the complaint was fully adjudicated in California, and the investigation concluded that Dr. Cahoon’s conduct constituted sexual misconduct as outlined in the California State Board of Optometry’s Decision.
Click here for the California State Board of Optometry’s Decision.
Decision Summary - Dr. Keith Jefferies
Particulars of the Regulated Member’s unprofessional conduct arise from a complaint to the College, which was investigated, and the following charges were brought before a hearing tribunal of the College:
- On or about October 2022 through to and including December 2022, and any such dates as may be relevant to the conduct and matters of issue, and with respect to employee A (“Employee A”), who was at all material times a Clinic employee, Dr. Jefferies:
- gave unsolicited gifts to Employee A including:
- giving Employee A vitamins with a contract to sign stating that she would take said vitamins; and
- giving Employee A a Harry Potter sweatshirt.
- gave unsolicited gifts to Employee A including:
and
-
- made sexual or otherwise inappropriate comments to Employee A including but not limited to:
- when giving Employee A the aforementioned vitamins, telling Employee A “I got to keep you in shape to be the bartender at the poker event”, or words to that effect;
- upon giving Employee A the aforementioned sweatshirt, telling Employee A that he “couldn’t wait to see her in it”, or words to that effect;
- telling Employee A that she should wear a certain t-shirt because “it makes her breasts look perky”, or words to that effect; and
- making comments about Employee A’s hair and general appearance.
- made sexual or otherwise inappropriate comments to Employee A including but not limited to:
and
-
- sent sexual or otherwise inappropriate text messages to Employee A including:
- purported quotes from a book she gave him such as:
- “‘It turns out I’m absolutely terrible at staying away from you. It’s a very serious problem’” and
- “‘her bodice gave the appearance she was trying to drown the world with her breasts’”.
- comparing Employee A to her sister employee B (“Employee B”) who was at all material times a Clinic employee, and telling Employee A to teach her sister to treat Dr. Jefferies like Employee A did;
- telling Employee A she has “perfect midnight raven hair” or words to that effect; and
- telling Employee A “when I went to say goodbye you were surrounded by people and I wanted to pepper you with questions about what makes you tick, but they would’ve found that strange, so I’ll just have to wait, which is totally a strength of mine” or words to that effect.
- purported quotes from a book she gave him such as:
- sent sexual or otherwise inappropriate text messages to Employee A including:
and
-
- engaged Employee A, by my actions and/or at my request, in closed door, one-on-one, conversations at the Clinic that were partially or, at times, wholly unrelated to work.
- At a Clinic fundraising poker event on or about October 13, 2022, and any such dates as may be relevant to the conduct and matters of issue, and with respect to Employee A, Dr. Jefferies:
- inappropriately touched Employee A’s arm, shoulder and back; and
- made inappropriate comments to Employee A including:
- commenting on Employee A’s appearance and saying “wow you look amazing” or words to that effect; and
- telling Employee A not to tell anyone that Dr. Jeffries was drinking and asking her to keep this information “our little secret”, or words to that effect.
- At the Clinic on or about October 2022 through to and including December 2022, and any such dates as may be relevant to the conduct and matters of issue, and with respect to employee B (“Employee B”) who was at all material times a clinic employee, Dr. Jefferies:
- inappropriately touched Employee B’s mid to lower back;
- made inappropriate comments to Employee B including:
- telling Employee B that “she should learn how to be a ‘good’ girl” from her sister Employee A, or words to that effect;
- telling Employee B that her clothes were very stylish and on brand since we work in fashion, or words to that effect; and
- making comments about Employee B’s general appearance.
and
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- engaged Employee B, by my actions and/or at my request, in closed door, one-on-one, conversations at the Clinic that were partially or, at times, wholly unrelated to work.
- At the Clinic on or about 2019 to 2020 and any such dates as may be relevant to the conduct and matters of issue, and with respect to employee C (“Employee C”), who was at all material times a Clinic employee, Dr. Jefferies:
- Gave an unsolicited gift to Employee C including a monthly yoga pass; and
- made sexual or otherwise inappropriate comments to Employee C including:
- telling Employee C that she looked “really pretty” or words to that effect;
- telling Employee C that she should wear her hair a certain way because it made her “look prettier”, or words to that effect; and
- made comments about Employee C’s clothing and general appearance.
- At the Clinic on or about December 2018 through to and including March 2019, and any such dates as may be relevant to the conduct and matters of issue, and with respect to employee D (“Employee D”), who was at all material times a Clinic employee, Dr. Jefferies:
- engaged in inappropriate mutual sexual contact with Employee D while at the Clinic including kissing;
and
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- gave inappropriate and unsolicited gifts to Employee D including:
- lingerie; and
- a bottle of wine.
- gave inappropriate and unsolicited gifts to Employee D including:
and
-
- made sexual or otherwise inappropriate comments to Employee D including:
- inviting Employee D to engage in sexual activity;
- engaging in conversations with Employee D about her sex life about her sex life; and
- made sexual or otherwise inappropriate comments to Employee D including:
and
-
- sent and received sexual or otherwise inappropriate direct messages with Employee D including sending Employee D explicit sexual images of himself.
The Regulated Member has admitted to the above charges. Pursuant to a joint penalty proposal to a hearing tribunal, the Hearing Tribunal formally reprimanded the Regulated Member and ordered that the Regulated Member’s practice permit be suspended for three (3) consecutive weeks. The Regulated Member was also ordered to pay $10,000 in fines and $7,500 in costs regarding the investigation and hearing. The Member was also ordered to complete a Comprehensive Occupational Assessment for Professionals (COAP) at his own cost and within six (6) months of the date of the hearing and to provide evidence of successful completion of the COAP. The COAP is a 2–3 day multidisciplinary assessment which provides diagnostic evaluation, treatment recommendations, recommendations about fitness to practice and suggestions for any accommodations, modifications or restrictions to practice. The COAP is performed by a clinical team of experienced psychiatrists and psychologists. Pursuant to the joint penalty proposal, the Hearing Tribunal also ordered that a summary of the Hearing Tribunal’s findings and penalty orders be published on the College’s website with the Regulated Member’s name.