She said the college, an "Anglo-Saxon old boys' club" that favours men, should create an independent body to hear complaints about misconduct and demonstrate that complainants will be listened to and protected. Surgeon Caroline Tan has spoken out over sexual harassment in hospitals. Credit:Eddie Jim "This is not going away. They need to face the music. I'm sure that's going to be uncomfortable for them, but it's going to be for the better," said Dr Tan. Five days after Sydney surgeon Dr McMullin said Dr Tan's career had been ruined by a sexual harassment case she won against a fellow neurosurgeon in 2008, and that "realistically" she would have been better off giving him "a blow job", Dr Tan said Dr McMullin had exposed a genuine dilemma for female doctors who regularly endure sexist behaviour. But Dr Tan said while it would have arguably been safer for her career not to speak up about her sexual assault, she did not regret rejecting her colleague Chris Xenos' sexual advance and taking him to a tribunal for the abuse of his power.

"I don't think anyone should give into such blatant sexual harassment because your career depends on it," she said. Dr Tan said after reporting Mr Xenos had sexually assaulted her one night in 2006 by kissing her, feeling her breast and propositioning her for sex, she faced a concerted campaign by him and his peers to undermine her credibility. The college also delayed awarding her a fellowship for nearly a year while it investigated complaints made about her paperwork. While she cannot prove it, Dr Tan said her decision to take him to the Victorian Civil and Administrative Tribunal in 2008 contributed to her being shunned by other surgeons who have repeatedly overlooked her for positions in at least eight public and private hospitals. She has a record of performing well in most examinations and excellent references. "They can always say you weren't good enough. They can say your abilities were not as good as the next candidate's," she said. During a 15-day long VCAT hearing in 2008, Mr Xenos emphatically denied the allegations against him and accused Dr Tan of fabricating the story so she could excuse poor performance if it jeopardised her position in the surgical training program.

VCAT heard that when she first reported the allegation to the head of neurosurgery at Monash Medical Centre Andrew Danks, he said words to the effect of: "What do you expect when you dress the way you do?" He did not deny this during the hearing. Mr Xenos was also supported by Dr Helen Maroulis who told the hearing that Dr Tan wore provocative clothing and had "set the cause of feminism back fifty years" by levelling such a complaint against her male colleague. But Judge Marilyn Harbison said Mr Xenos, a surgeon who had great influence over Dr Tan's qualification and future career, deliberately and falsely denied the harassment by exaggerating the time her work was substandard and "completely smeared" her character in the process. Judge Harbison also ruled that Mr Danks had been a partial witness which was "inconsistent" with his position of power and responsibility to deal with complaints of sexual harassment. While Mr Xenos was ordered to pay Dr Tan $100,000 in damages, he continued to work at Monash Medical Centre where he is still working.

On Wednesday, a spokesman for Monash Health said after carefully reviewing the VCAT decision and its own earlier investigation into Dr Tan's allegations, it decided not to suspend or terminate Mr Xenos' employment. The spokesman said after taking into account his "exemplary record as an employee", he was given a formal warning that any future, significant misconduct would have serious consequences for him and was not allowed to continue supervising trainees. Mr Xenos and Mr Danks were both approached for comment. Neither responded. President of the Royal Australasian College of Surgeons Michael Grigg would not comment on Dr Tan's specific calls for an inquiry or whether the college took any action against Mr Xenos or Mr Danks after the case. But in a written statement, he said hospitals were ultimately responsible for such complaints and that the college was working to improve the diversity of trainees who should feel safe to speak up about inappropriate behaviour.