Conditions Placed on Mentor Pharmacist for Inappropriate and Threatening Conduct Toward Trainee Dispenser

Date of Decision: May 23, 2019

Registrant's Role: Pharmacist

Allegations:

• Inappropriate physical and verbal conduct towards a colleague (Person 9) over an extended period while acting as her mentor.
• Comments of a sexual and threatening nature, including suggestions of kidnapping and aggressive behavior.
• Repeated boundary violations including physical contact, suggestive gestures, and intimidation.
• Failure to maintain appropriate professional conduct and respect within the pharmacy workplace.

Outcome: Conditions on registration for 12 months

GPhC Standards Breached:

• Standard 2 – Must work in partnership with others: Demonstrate effective team working and adapt communication for effective partnership.
• Standard 6 – Must behave in a professional manner: Maintain appropriate personal and professional boundaries.
• Standard 9 – Must demonstrate leadership: Lead by example and support the training and development of team members.

Case Summary

Allegations
This case concerns a pharmacist (the registrant) who faced multiple allegations of inappropriate behavior towards a female colleague (Person 9) while employed between February 2016 and March 2017. The registrant, serving as Person 9’s mentor, engaged in conduct that was described as intimidating, unprofessional, and in some cases, overtly threatening and sexual in nature. The allegations included inappropriate physical contact (e.g., putting an arm around her shoulder, pulling her hair, touching her lower back), inappropriate and threatening comments (e.g., threats of kidnapping involving “a big black van with four big men”), and suggestive behaviors (e.g., asking her to sit on his knee, placing a pen between the buttons of her tunic).

The panel found that this behavior occurred over a protracted period and created a workplace environment that was emotionally and psychologically distressing for Person 9, leading her to consider leaving a job she otherwise enjoyed.

Findings
The Fitness to Practise Committee considered testimony from several witnesses, including Person 9, colleagues, and the registrant. They found many of the allegations to be credible and corroborated by consistent testimony. Although the registrant admitted to a limited subset of the allegations, he denied the majority.

The panel noted that the registrant’s explanations often lacked plausibility or context, and some were inconsistent with earlier statements. His claim that workplace interactions included similar “banter” from others did not excuse his conduct, especially given his position of authority. Person 9 was described as credible and emotionally impacted, both during the incidents and while testifying. Witnesses confirmed that she reported events promptly and showed signs of emotional distress, including crying and experiencing sleepless nights.

GPhC Determination on Impairment
The panel determined that the registrant’s behavior constituted serious misconduct. They emphasized that his actions breached core professional standards, particularly those concerning maintaining appropriate boundaries, respecting colleagues, and leading by example. The behavior brought the profession into disrepute and breached fundamental tenets expected of a pharmacy professional.

The registrant provided a reflective statement and character references; however, the panel found that he had only begun to engage in remediation recently—over two years after the incidents occurred. His insight was found to be limited and incomplete. While the panel acknowledged a low risk of repetition, they highlighted that until full insight was achieved, the risk remained more than minimal.

The panel concluded that public confidence in the pharmacy profession would be undermined if a finding of current impairment were not made, given the gravity of the misconduct and its prolonged nature.

Sanction
The Fitness to Practise Committee imposed a conditions of practice order for 12 months, rather than a suspension. The panel carefully considered both aggravating and mitigating factors in reaching this decision.

The specific conditions imposed are comprehensive and focus on rehabilitation, supervision, and the development of professional awareness:

1. Notification to the GPhC: The registrant must inform the GPhC before taking on any role requiring registration, including details of hours, duties, and employer contact information.
2. Disclosure to Employers and Supervisors: Within two weeks, the registrant must notify all relevant employers, agents, managers, and accountable officers of the conditions, and send confirmation to the GPhC.
3. Disclosure of Overseas Applications: If applying to work outside Great Britain, the registrant must notify the GPhC.
4. Mentorship Requirement: The registrant must appoint two mentors—one being a named pharmacist and another from the RPS approved list—and maintain regular contact to discuss professional boundaries.
5. Mentor Reporting: Mentors must submit quarterly updates and a report 14 days before the order’s review, commenting on the registrant’s progress.
6. Personal Development Plan (PDP): The registrant must collaborate with a mentor to create a PDP focused on professional boundaries and submit it to the GPhC within four weeks.
7. Mandatory Training: The registrant must complete face-to-face training in professional boundaries at personal cost, and submit certificates or official confirmations to the GPhC.
8. Restriction on Roles: The registrant is prohibited from working as a supervisor or mentor during the period of the order.
9. Reflective Statement: At least 14 days before the review, the registrant must submit a reflective statement on the panel’s findings and the impact of their misconduct on Person 9.

The panel determined that a suspension would be disproportionate for several reasons. They noted the registrant had not repeated the misconduct since 2017, had taken steps toward remediation (albeit late), and had received positive testimonials from colleagues. Furthermore, the panel accepted that the registrant had experienced personal and professional stressors at the time of the events.

Ultimately, the panel believed that public confidence in the profession could be maintained with a less severe sanction, stating:

“The Committee concluded that conditions of practice were appropriate and proportionate to address the fitness to practise concerns… A suspension was not necessary to protect the public or to uphold public confidence in the profession.”

The conditions aim to support safe practice while ensuring close supervision and accountability. The panel considered this a measured response that allowed the registrant to continue working, while still addressing the professional failings identified.

Key Learning Points for Pharmacy Professionals

• Maintaining Professional Boundaries: Even informal or light-hearted interactions must respect workplace decorum and boundaries, especially when a power dynamic exists, such as between a mentor and mentee.
• Recognizing the Impact of Behavior: Comments or actions perceived as jokes can have significant psychological impact and may be interpreted as harassment or threats, particularly if repeated.
• Responsibility of Mentors: Professionals in mentorship roles must exercise heightened awareness of their conduct and its influence on trainees. Training and development must occur in a safe, respectful environment.
• Remediation and Insight: Remediation efforts must be timely, sincere, and demonstrate a clear understanding of the misconduct’s impact. Late or superficial efforts are insufficient in mitigating sanctions.
• Public Confidence and Conduct: The pharmacy profession demands a high standard of personal and professional behavior. Disregarding these can result in sanctions that prioritize public trust and the profession’s integrity.

This case serves as a cautionary tale emphasizing the importance of sustained professionalism, especially when entrusted with a position of leadership or mentorship.

Original Case Document

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