Nurse accused of being ‘sexual predator’ currently working with students

An Auckland nurse who had previously been sexually “harassing” a colleague is now working as a preceptor for student nurses in his new job, a tribunal has heard.

The man, who has interim name suppression, is appearing before the Health Practitioners Disciplinary Tribunal in Auckland this week facing allegations he behaved inappropriately and unprofessionally towards a colleague on multiple occasions.

Earlier the tribunal heard how the man, referred to as Mr R, made sexual remarks and requests to a colleague spanning more than a year, leaving her scared and unable to sleep or leave the house without worrying he might be near.

The PCC said the man had been working as the woman’s preceptor – someone who provides supervision during clinical practice – during this time.

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On Tuesday, the tribunal established Mr R was liable for the charge against him.

The lawyer representing the Nursing Council’s professional conduct committee (PCC), Matthew McClelland KC, said what Mr R had been doing was “inappropriate and unprofessional”.

“He was harassing her sexually,” he said.

But Mr R’s current employer told the tribunal he was a “young leader”, who had made a mistake.

“This young man needed someone to listen to him, and put him back on track,” he said.

Mr R was dismissed by his previous employer a result of a complaint laid by the woman.

His current employer told the tribunal Mr R had been working as a preceptor for nursing students on placement under his current role, but he would not allow Mr R to be alone in a room with them.

“I’m not saying he’s guilty, but that’s my duty of care.”

The PCC has requested the man’s nursing registration be cancelled.

A mental health assessment should be a condition imposed by the tribunal, McClelland said.

On Monday, the PCC put to Mr R his behaviour resulted in him being a “sexual predator”, and he replied “yes”.

Duncan McGill, representing Mr R, said cancellation was not appropriate, and was reserved for the most serious of cases, which this was not.

The defence did not accept, Mr R’s conduct spanned a year, rather it occurred on three discrete occasions.

To suggest he was a sexual predator was an “overstretch”, McGill said. Mr R was under stress on the stand and was saying yes to everything the PCC put to him, he said.

He also did not accept Mr R was a preceptor for the woman in the “traditional sense”, and instead said he was more of a “buddy”.

There was no need to be concerned for other members of the public, McGill said, as Mr R had developed an infatuation for this particular woman, had never been in a romantic relationship, and accepted he was “incredibly naive”.

McGill submitted a censure and a fine would be a sufficient penalty.

The tribunal will announce the penalty decision on Wednesday.