Sexual Abuse Complaints and Reports

Definition of Sexual Abuse

Under the Regulated Health Professions Act, 1991, sexual abuse includes:

• sexual intercourse or other forms of physical sexual relations between a dietitian and a client
• touching of a sexual nature of a client by the dietitian
• behaviour or remarks of a sexual nature by a dietitian towards a client
• sexualized banter
• ​sexualized physical activities or other non-touching sexualized behaviours

​However, the law clarifies that “sexual nature” does not include touching, behaviour or remarks of a clinical nature that would be appropriate to the service provided.

Consent is irrelevant, even if a client initiates or willingly participates in the sexual activity.

An individual remains the dietitian’s client for an entire year after the therapeutic dietitian-client relationship has ended. Having romantic or sexual relationships with a client during that time is considered sexual abuse.

There are no exceptions for spouses.

How to Make a Complaint

If you are a member of the public and wish to make a complaint that a dietitian has sexually abused you, a member of your family or someone you know, click here for more information.

If you have more questions about the process for making a complaint or need help to file your complaint, please contact the College’s Registrar & Executive Director via complaints@collegeofdietitians.org.

Zero Tolerance for Sexual Abuse of Clients

All regulated health professionals, employers and facility operators must report a dietitian if they have reasonable grounds, obtained in the course of delivering or administering health services, to believe that the dietitian has sexually abused a client.

How to File a Mandatory Report of Sexual Abuse

If you are a health professional, dietitian, employer or a facility operator, click here to find how to file a mandatory report about sexual abuse of a client by a dietitian.

Funding for Therapy and Counselling

Anyone alleging that they were sexual abused by a dietitian can apply for funding for therapy and counselling. Applications can be made at any time during the investigation process and funding is not dependent on a criminal conviction or on the Discipline Committee finding the dietitian guilty of sexual abuse. The College’s Patient Relations Committee reviews applications and determines whether the applicant is eligible for funding and how much funding to provide.  The applicants eligibility for funding is not considered as part of the investigation.

Contact the Registrar & Executive Director via email for information on how to apply for funding for therapy and counselling.

Supporting Clients

When clients disclose allegations of sexual abuse, it is important to be sensitive,  empathetic and not cause further harm. Clients should be encouraged to contact the College if they have any questions about the investigation process and resources available.

New Definition of ‘Client’ Within the Context of Sexual Abuse

On May 1, 2018, new sections of the Protecting Patients Act, 2017, which amended the Regulated Health Professions Act, 1991 (RHPA), came into force. One of the new provisions which directly affects dietitians is the expanded definition of a patient specifically within the context of sexual abuse.

With regards to sexual abuse, the RHPA now stipulates that an individual remains a patient or a client for an entire year after the therapeutic dietitian-client relationship has ended. Having romantic or sexual relationships with a client during that time is strictly forbidden. It is considered sexual abuse, even if the client consents.

Criteria for determining who is a client

The amendments have also created a definition of “client” under Subsection 1 (6) of the Health Professions Procedural Code. Note that this definition only applies within the context of sexual abuse. for the purposes of sexual abuse. It states:

1. An individual is a client if there is a direct interaction between the [dietitian] and the individual, and any of the following apply:

1. 1. The [dietitian] has, in respect of [dietetic] service provided by the [dietitian] to the individual, charged or received payment from the individual or a third party on behalf of the individual.
   2. The [dietitian] has contributed to a health record or file for the individual.
   3. The individual has consented to the health care service recommended by the [dietitian].
   4. The [dietitian] prescribed a drug (under a delegation) for which a prescription is needed for the individual.

2. Despite paragraph 1, an individual is not a [client] of a [dietitian] if all of the following conditions are satisfied:

1. 1. There is, at the time the [dietitian] provides the health care services, a sexual relationship between the individual and the member.
   2. The [dietitian] provided the health care service to the individual in emergency circumstances or in circumstances where the service is minor in nature.
   3. The [dietitian] has taken reasonable steps to transfer the care of the individual to another member or there is no reasonable opportunity to transfer care to another member.

All the conditions listed in criteria 2 have to be true for an individual to be considered “not a client.”

Please note that a romantic or sexual relationship with a former client beyond the one-year period may still be inappropriate and considered professional misconduct depending on the circumstances and vulnerability of the client. For more information, refer to the College’s Boundary Guidelines for Professional Therapeutic RD-Client Relationships (2017)

Penalties for Sexual Abuse

If the Discipline Committee of the College finds a dietitian has sexually abused a client, at minimum, the dietitian will receive a reprimand and a suspension. If the abuse involves specific sexual acts listed in the legislation (e.g., sexual intercourse), the dietitian’s registration is revoked for a minimum of five (5) years.