Fernando Vigon-Campuzano, a former Peel Region massage therapist, allegedly groped a female patient in 2014.

Not just any patient, either. She was an undercover investigator with the College of Massage Therapists of Ontario.

The allegation was never sent to the discipline committee for a public hearing, where Vigon-Campuzano’s licence could have been revoked had the allegation been proven. It was not dismissed outright either.

Behind closed doors, the college’s complaints committee chose to caution Vigon-Campuzano and order him to take a remedial program. In line with a former college policy, none of this information was posted to his profile on the regulator’s public register.

It’s unclear why the allegation wasn’t forwarded to the discipline committee, because the college says it doesn’t comment on particular cases.

Vigon-Campuzano was then able to continue practising, until surrendering his licence in October 2016 following a complaint of sexual abuse from a patient. Only then did information about the 2014 case become public.

He now faces three criminal counts of sexually assaulting patients, at least two of whom were allegedly assaulted in 2016 — two years after the complaints committee dealt with Vigon-Campuzano in secret.

“That is really disturbing. The college actually sent an undercover officer in to investigate the complaint, and still they were prepared to make a behind-closed-doors deal with this guy rather than proceed with disciplinary action against him,” said medical malpractice lawyer Amani Oakley.

“What a violation of public trust, to let someone like this continue to practice, rather than ensuring the safety of the public and revoking his licence in a public manner, so that the message gets through to his colleagues as well.”

The college won’t say why they sent in an investigator in the first place, or why the allegation of “sexual touching” of the investigator, as well as an allegation of “inappropriately draping” a female patient, were never sent to a public discipline hearing in 2014. Draping is the practice of covering most of the patient's body with a sheet or blanket.

“The college cannot speak to what happened in a particular case, but in addition to looking at the seriousness of the allegations (recognizing these were very serious), the screening committee must consider all of the circumstances, such as whether the allegation can likely be proven at discipline,” college spokesperson Angie Brennand told the Star in an email.

“With regards to the investigator, the college might appoint an investigator in circumstances where there was a concern that needed to be checked out but where there was an absence of a formal complaint.”

Vigon-Campuzano, 40, declined to comment on the college proceedings through his criminal lawyer, Nicholas Charitsis, who said his client will be pleading not guilty in court to the criminal allegations. His next court appearance is May 29.

“I’m going to argue that although the Crown may be able to prove that there was touching on private parts, the Crown will have a hard time proving it was for a sexual purpose,” Charitsis told the Star.

Vigon-Campuzano received his licence to practise in March 2013.

News of his arrest, made public last week, comes as the province is pushing through legislation to strengthen the law around sexual abuse by health professionals in the wake of a Star investigation into physicians who were still practising despite findings that they sexually abused their patients.

Bill 87, which will add to the list of acts of sexual abuse requiring mandatory revocation of a health professional’s licence, is currently being studied by the Standing Committee on the Legislative Assembly.

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When contacted by the Star, Health Minister Eric Hoskins did not comment directly on the college’s handling of the Vigon-Campuzano case. He sent a statement reiterating his government’s commitment to “uphold and further reinforce a zero tolerance policy on patient sexual abuse by any regulated health professional.”

Bill 87 would require all colleges to post on their public registers whether cautions or remedial programs were ordered by complaints committees in cases that are not sent to discipline committees.

Some colleges already do this, following public criticism of the lack of transparency. The College of Massage Therapists began posting this information to their public register on March 1, 2016.

“As a result of these changes, the public can be made aware of outcomes that are intended to address behaviour that is above a ‘low risk,’ threshold but that are still finalized at the screening committee stage,” Brennand, the college spokesperson, said.

She also confirmed that the 2014 outcome in the Vigon-Campuzano case would not have been posted at the time it occurred because it took place before March 1, 2016.

It only became public in October 2016 when he signed an undertaking surrendering his licence and promising never to reapply following a new sexual abuse complaint from a patient, who alleged Vigon-Campuzano sexually abused her in March 2016 at his Mississauga practice location.

In the undertaking, posted to his profile on the college website, Vigon-Campuzano promises to post security in the amount of $4,000 to cover counselling for his alleged victim, should she require it.

Despite the transparency improvements, critics say the college dropped the ball in this case, which raises questions about how other sexual abuse complaints were dealt with behind closed doors prior to 2016.

“You have to think that patients of massage therapists would be particularly vulnerable,” said medical malpractice lawyer Paul Harte.

“It sure doesn’t give any level of confidence to the public with respect to the regulatory oversight of massage therapists in Ontario.”

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