The license of a Brantford massage therapist now has been revoked after it was suspended for the third time by his governing body.
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Jeffrey Pitts was found guilty of sexual misconduct by the College of Massage Therapists of Ontario after it was determined he exposed and massaged a client’s breasts during a treatment without getting informed consent, an act that constitutes sexual and physical abuse of a client said the college.
In 2019, a CMTO discipline committee suspended Pitts’ license for six weeks after he was convicted in 2016 of dangerous driving causing death and sentenced to three years in prison.
Pitts was speeding in a friend’s new car in December 2014 with her in the passenger seat when he crossed three lawns, hit a tree and crashed into a house.
Sheila Nunn, 49, died at the scene and Pitts had minor injuries.
According to the college, Pitts served just eight months of his three-year prison term and was on parole in Brantford at the time of the incident that drew the latest allegations in 2018.
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While the complaint was filed in 2018, the disciplinary process began in 2020.
A college spokesperson said “from time to time, issues can create delays in the investigations and hearing process.”
Also in 2019, Pitts’ license was suspended after four former clients lodged sexual allegations against him involving touching sensitive areas and exposing areas by removing draping.
That suspension was never lifted, according to a CMTO spokesperson.
The college’s website does not indicate whether the allegations proceeded to a disciplinary hearing.
But a third and slightly different suspension was lifted this June after the college ruled he inappropriately massaged a woman’s breasts almost five years earlier.
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During a penalty hearing held on Thursday, Pitts’ license was revoked, he was ordered to face a reprimand, he was ordered to pay for therapy and counseling for one victim and pay costs of the college investigation of $48,650 in monthly facilities over five years.
The hearing started last summer, continuing through November and December. The written decision against Pitts was released last month.
According to the document, a woman at the Brantford clinic where Pitts was working agreed to a full-body massage, thinking it would include her feet, legs, back, head and upper chest.
“Although she signed a form where there was a check-mark indicating that her breasts would be treated, she did not see that and did not think her breasts would be massaged,” said the decision.
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Although some conditions are helped through breast massage, there was no health reason for this woman to include it, according to the decision.
The woman told the panel she felt very uncomfortable when her breasts were exposed. She said Pitts massaged her breasts and nipples with her face very close to hers.
“The client was not comfortable at all and felt like she froze,” said the report by the discipline panel.
According to the report, the woman immediately told her partner and sister about her experience and eventually spoke to another registered massage therapist about whether that was normal treatment.
She also tested she wondered whether the incident was her fault because she misunderstood the form she signed.
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Pitts told the discipline panel he had seen hundreds, if not thousands, of massage clients since becoming a registered massage therapist in 2016, without complaints being registered against him.
Pitts explained that he discussed the massage with his client and she checked off everything on the sensitive areas consent form and signed it.
The discipline panel, made up of five members, didn’t rule that the touching happened exactly as the client described but did find there was no informed consent about the breast massage, finding Pitts guilty of sexual abuse of a client and misconduct.
One member of the panel respectfully disagreed with the findings, saying the college didn’t meet its burden of proof.
The dissenting member said Pitts was credible in his testimony while the client changed some of her story under cross-examination and didn’t appear to pay attention to or understand what she read and signed.
“While I have found there was not informed consent, I do not think this equates to sexual abuse,” said the member.
Meanwhile, the penalty hearing held last week revoked Pitts’ license but a spokesperson said there is still “one other matter” before the committee for which a hearing is pending.
The college did not respond to questions about what that matter concerns.
@EXPSGamble
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