Previous Hearings
Committee: Discipline
Decision Date: 12 Apr 2018
Summary:
On April 10, 2018, the Discipline Committee found that Dr. Farooq Ali Khan committed
an act of professional misconduct, in that he has been found guilty of an offence that
is relevant to his suitability to practice.
Dr. Khan is an emergency physician who practises at the Hospital in Toronto. He
received his certificate of independent practice from the College in June 2014.
Criminal Finding
On August 13, 2015, Dr. Khan pled guilty to and was found guilty of sexual
assault under s. 271(b) the Criminal Code. Dr. Khan was granted an absolute
discharge on the basis of a joint submission on penalty.
Facts Underlying Criminal Finding
In August 2009, Dr. Khan slept over at the house of AB. At the time, Dr. Khan was
in his mid-twenties, having recently graduated from medical school and started his
residency program, and AB was a teenager. Dr. Khan and AB were sleeping in bunk
beds in the same room. Dr. Khan was on the top bunk and AB was on the lower
bunk. During the night, Dr. Khan climbed down and fondled AB’s penis while he
believed that AB was sleeping. Dr. Khan masturbated while fondling AB. At one
point, AB moved, and Dr. Khan stopped for a few minutes. When AB was still again
and Dr. Khan believed him to be still asleep, he started fondling him again, while
masturbating. When AB made a noise, Dr. Khan withdrew his hand and went back to
the top bunk. Shortly after that, AB got up, ran out of the room, and told his parents
what had happened.
On April 12, 2018, the Committee reserved its decision on penalty and costs.
Further Procedural History
The hearing resumed on July 20, 2018, at which time the Committee further reserved
its decision on penalty to consider the issue of retrospectivity of Ontario Regulation
262/18 (“O. Reg. 262/18”) which had come into force on May 1, 2018.
In July 2019, the Divisional Court released its decision in Ontario (College of Physicians
and Surgeons of Ontario) v. Kunynetz, 2019 ONSC 4300, holding that the amendments
to the RHPA made under the Protecting Patients Act should not be treated as
retrospective.
On August 20, 2019, the Committee held a further penalty hearing at which time the
parties presented a joint submission on penalty and costs to the Committee. The
Committee reserved decision.
On May 29, 2020, the Committee released its penalty decision in which it ordered and
directed on the matter of penalty and costs that there shall be no penalty imposed on
Dr. Khan in this matter, and no order that he pay costs to the College.
On June 24, 2020 the College received notification of the College’s appeal from the Discipline
Committee’s Order to the Divisional Court.
Decision: Download Full Decision (PDF)
Hearing Date(s): April 9-12, 2018 and July 20, 2018