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Jody MacDonald, AA805594
The Member was charged with accessing and possessing child pornography contrary to the Criminal Code and he failed to report the charges to the Executive Director of the College of Nurses of Ontario (“CNO”). The Member was subsequently found guilty of possessing child pornography. The Member was also found guilty of failing to comply with an undertaking given to a judge, in which he was not to possess or use a device that has access to the internet, except for work, educational or vocational programs.
The Member was not present or represented by legal counsel at the hearing. The hearing proceeded in his absence.
The Panel found the Member committed professional misconduct in that he:
- was found guilty of an offence relevant to his suitability to practice;
- contravened a term, condition or limitation on his certificate of registration pursuant to section 1.5(1)1.ii of Ontario Regulation 275/94;
- engaged in conduct, relevant to the practice of nursing that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional.
The Panel made an order that included the following:
- an oral reprimand; and
- revocation of the Member’s certificate of registration.
Aggravating factors considered by the Panel included:
- the criminal nature of the conduct - the Member had in his possession a large volume of images and videos related to child pornography;
- the Member continued to engage in criminal acts and breached his probation; and
- the Member’s conduct was severe in nature and brought shame to himself and the profession.
The only mitigating factor considered by the Panel was that the Member had no prior CNO discipline history.