CPTNB File #21-01B
IN THE MATTER OF A COMPLAINT AGAINST ROBERT LANDERS, Physiotherapist
AND IN THE MATTER OF THE PHYSIOTHERAPY ACT, SNB 2010, C. 7
SUMMARY OF DECISION OF THE DISCIPLINE COMMITTEE
The Registrar of the New Brunswick College of Physiotherapists hereby gives public notice of the revocation of the membership of Robert Landers, PT, as a result of a proceeding before the Discipline Committee.
FINDINGS
On March 31, 2023, the Discipline Committee conducted a hearing into a complaint against Robert Landers, PT. The Panel made two findings of Professional Misconduct:
i. Mr. Landers is guilty of professional misconduct as a result of his breach of section 38(1) of the Physiotherapy Act, SNB 2010, c. 7 (hereinafter the “Act”), as he engaged in an intimate relationship with the Complainant while she was a client.
ii. Mr. Landers is guilty of professional misconduct as a result of his breach of sections 1.3, 1.4, and 1.55 of the Code of Ethics of the College of Physiotherapists of New Brunswick, in effect from 2001 to February 2018 (the “Code of Ethics”), sections A(4), A(18), and B(1) of the College of Physiotherapists of New Brunswick Code of Ethical Conduct, effective March 1, 2018 (“Code of Conduct”), and Standards 13 and 15 of the Professional Boundaries of Core Standards of Practice for Physiotherapists in Canada (“Professional Boundaries and Core Standards of Practice”), effective May 2016.
BRIEF DESCRIPTION OF THE NATURE OF THE PROFESSIONAL MISCONDUCT
Mr. Landers’ professional misconduct includes sexual abuse, as defined in the Act, on multiple occasions through sexual relations, touching of a sexual nature, and his behaviour or remarks of a sexual nature towards his client. Further, his sanctionable conduct arises from the failure to maintain professional boundaries with the Complainant, failing to conduct himself in an ethical manner, failing to end the therapeutic relationship when appropriate boundaries could not be maintained, and failing to conduct himself in a manner that promotes respect for the profession.
PENALTY
In its decision dated April 6, 2023, and delivered on April 10, 2023, the Committee ordered as follows:
a. The Registrar is directed to revoke Mr. Landers’ Certificate of Registration, effective immediately.
b. Landers may not apply for reinstatement of his license until five (5) years from the date of service of this Order.
c. The Respondent is ordered to pay to the College the sum of $54,600.00 for the College’s legal costs on a solicitor and client basis and expenses, including the costs and expenses incurred in investigating the matter and conducting the hearing.
d. The Act also allows the Committee to impose a fine of up to $20,000. While the Panel considered imposing a fine, given the seriousness of the license revocation and the order as to costs on a solicitor-client basis, the Committee determined that a fine will not be imposed in this particular circumstance.
e. Public notice of revocation shall be made by the Registrar in accordance with the Act.
Ellen Snider, Registrar
College of Physiotherapists of New Brunswick