Thread by @robyndoolittle

A female medical resident who reported an accusation of sexual misconduct against a male supervisor –& then filed a lawsuit against the hospital & her university for failing to investigate that complaint– is now being sued by the supervisor for defamation. theglobeandmail.com/canada/article…

This is a story that highlights the risks that people face in raising accusations of wrongdoing in the workplace, but it also gets at the complicated employment relationship between hospitals, universities, physicians and medical residents.

It’s been nearly a year since Sophia Duong filed a complaint against Benedict Glover, but no findings have been released, and the matter is still unresolved. (She has been on stress leave. He was placed on leave pending the results of an investigation.)

Dr. Duong alleged in her claim that Dr. Glover, a prominent cardiologist at Sunnybrook, had coerced her into a sexual encounter by leveraging the position of power he had over her career. He has denied the allegations against him, including having any sexual contact with her.

The hospital and University of Toronto have said that the College of Physicians and Surgeons of Ontario is investigating the allegation, and they are awaiting the result. (The CPSO would not confirm the existence of an investigation.)

Sunnybrook has said Dr. Glover is not an employee (because doctors in Canada operate as independent contractors.) Dr. Glover was also an associate prof at U of T, but the university also says his role as a clinical academic appointee doesn't constitute an employment relationship.

Where Dr. Duong is concerned, as a medical resident she reported to Sunnybrook each day for work, but was part of the U of T's internal medicine program. The question is: who is responsible for her? Who is responsible for him?

“I am taking the legal position – which is the correct position – that my client was owed every single employment protection that any other employee in this province has,” said Dr. Duong's lawyer, Kathryn Marshall.

For example, @Lawsome_ said, both institutions were required to investigate Dr. Duong's complaint and take action regardless of what the College of Physicians and Surgeons of Ontario may have been doing.

Of note, in Sunnybrook's statement of defence, it said it was investigating another allegation of impropriety against Dr. Glover. The hospital had received a complaint from a departing employee that he had been having a consensual relationship with someone in his lab.

In filing his defence, Dr. Glover launched a counterclaim saying Dr. Duong has defamed him, and alleging she “invented these allegations for the improper purpose of coercing settlement monies.” He resigned both positions in March and is trying to move home to Ireland.

So in summary, if the CPSO were to substantiate Dr. Duong's allegation, the college only has authority inside Ontario, where he is no longer practising.