Concerns
Source:
Discipline Committee
Active Date: May 7, 2003
Expiry Date:
Summary:
The College of Physicians and Surgeons of Ontario agrees to withdraw the allegations of
professional misconduct set out against Dr. Gabriel Alexander Miceli in the notice of hearing of
April 23, 2003, in exchange for the following undertaking from Dr. Miceli:
I, DR. GABRIEL ALEXANDER MICELI, undertake to resign from the College of Physicians
and Surgeons of Ontario, no later than September 6, 2006, and in the interim agree to continue to
comply with the undertaking entered into with the College of Physicians and Surgeons of
Ontario on May 7, 2003.
2. I, DR. GABRIEL ALEXANDER MICELI, hereby undertake not to apply or re-apply for
registration as a physician or for a licence to practise medicine in any jurisdiction.
3. I, DR. GABRIEL ALEXANDER MICELI, consent to the terms of this undertaking being
entered on the register as information that is available to the public.
4. I, DR. GABRIEL ALEXANDER MICELI, acknowledge that, in exchange for this
undertaking, the College of Physicians and Surgeons of Ontario agrees to withdraw the referral
to the Discipline Committee for sexual impropriety and sexual abuse, disgraceful, dishonourable
or unprofessional conduct and incompetence (in particular, the allegation that, Dr. Miceli
engaged in sexual impropriety and disgraceful, dishonourable or unprofessional conduct by
stroking the clitoris of a female patient, Patient A, during the course of three different pelvic
examinations and kissing Patient A on the lips during another occasion, engaged in boundary
violations and sexual abuse by touching the clitoris of a female patient, Patient B, in a circular
manner during an assessment regarding painful intercourse and continuing to do so even after
Patient B asked him to stop, engaged in boundary violations and sexual abuse by touching the
clitoris of a female patient, Patient C, for a lengthy period of time and by making inappropriate
and sexual comments at the same time during a visit for a renewal of birth control medication,
and displayed, in his professional care of Patients A, B and C, a lack of knowledge, skill or
judgment and/or disregard for the welfare of his patients, of a nature or to an extent that
demonstrates that he is unfit to continue to practise) as alleged in the Notice of Hearing dated
April 21, 2003.
5. I, DR. GABRIEL ALEXANDER MICELI, agree that, in the event that the College of
Physicians and Surgeons of Ontario should become aware that I have either applied, re-applied
or attempted to apply or re-apply for registration as a physician or for a licence to practise
medicine in any jurisdiction, the College of Physicians and Surgeons of Ontario shall, in its sole
discretion, have the right to proceed with a disciplinary proceeding on the basis of a breach of
this undertaking and, if successful, shall have the right to proceed with the prosecution of the
allegations contained in the Notice of Hearing dated April 21, 2003.
6. I, DR. GABRIEL ALEXANDER MICELI, hereby agree to bear the risk of any prejudice
that the passage of time might cause to my ability to make full answer and defence, and waive
the right to seek any remedy on the basis of the passage of time, should the College of Physicians
and Surgeons of Ontario proceed with the prosecution of the allegations contained in the Notice
of Hearing dated April 21, 2003 pursuant to paragraph 4 of this undertaking.
7. I, DR. GABRIEL ALEXANDER MICELI, by entering into this undertaking, do not
agree with any of the allegations contained in the Notice of Hearing dated April 21, 2003.
8. I, DR. GABRIEL ALEXANDER MICELI, acknowledge that I have obtained
independent legal advice before giving this undertaking.