Sexual assault committed by a nurse

 A sexual assault case was forwarded into the tribunal for investigation and decision published in AHPRA. 

Full details can be found here.

A male nurse who engaged in sexual harassment towards four female colleagues has been officially reprimanded and suspended from practicing for a duration of eight months by a tribunal.

Some readers may find the content of this article distressing. If you are experiencing distress, please seek support from Nurse and Midwife Support or contact Lifeline at 13 11 14 for confidential assistance.

Stephan Harris was brought before the Victorian Civil and Administrative Tribunal (the tribunal) in 2021 after being referred by the Nursing and Midwifery Board of Australia (the NMBA). The allegations involved professional misconduct related to the sexual harassment of four female colleagues spanning from 2015 to 2019.

During the July 2023 tribunal hearing, evidence emerged that Mr. Harris maintained a professional demeanor with some staff but crossed boundaries with others he felt more at ease with. Inappropriate actions included poking or tickling individuals under their arms from behind and, in certain instances, patting, slapping, or pinching their buttocks. Multiple staff members reported such behavior occurring consistently during shifts with Mr. Harris.

Additionally, three colleagues received unsolicited text and Facebook messages from Mr. Harris containing love hearts, poems, and statements that made them uncomfortable. Some messages mentioned missing the individual when not at work and commented on their beauty.

The tribunal determined that the proven conduct fell significantly below the expected standard for a registered practitioner of Mr. Harris's level of training or experience. It concluded that such behavior was inconsistent with Mr. Harris being deemed a fit and proper person to hold registration as a nurse. Consequently, the tribunal issued the following orders:

- A formal reprimand.

- Suspension of Mr. Harris's nurse registration for eight months, effective from September 8, 2023.

- Imposition of education and mentoring conditions on his registration.

The tribunal justified the eight-month suspension as appropriate, emphasizing the severity of the conduct and intending to convey to Mr. Harris and other practitioners the importance of upholding professional standards. The tribunal characterized the conduct as uninvited, unwelcome, causing discomfort, guilt (two colleagues), and physical illness (one colleague). The affected women expressed confusion about the nature of the physical contact and the reasons behind suggestive or overly familiar messages.

The tribunal concluded that the education and mentoring conditions on Mr. Harris's registration aimed at specific deterrence, preventing a recurrence of such behavior. These conditions also serve to protect the public and future colleagues. Mr. Harris informed the tribunal that he is currently unemployed.