A GPhC FtP committee has found that a pharmacist who made “numerous sexual comments to female colleagues over a period of 28 months, some…for his own sexual gratification”, has taken steps to ensure “his misconduct [will] not be repeated”.
Douglas Rowland Hemingway, registration number 2218719, was suspended last June after he was found, among other things, to have touched a colleague’s “bottom” at a 2018 “Christmas party at Madame Tussauds” and made numerous inappropriate comments to her in the following months.
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The GPhC admitted at the time that that Hemingway had “formally apologised to all of the complainants for his behaviour” and that “there had been no complaints about [his] professional work as a pharmacist”.
He was given “the maximum period of suspension of 12 months” for his “inappropriate and sexual behaviour”.
But at a review earlier this month (June 12), the committee found that he “had demonstrated a sufficient level of insight and remediated his misconduct through training, reflection and a sufficient level of awareness of the unacceptability of his past behaviour”.
“Vulnerable and intimidated”
Hemingway had been found to have said to the colleague “I bet you liked it” after touching her bottom, as well as asking her “if she used sex toys” and “if her back pain affected her sex life”.
In 2019, he told another colleague he “liked the tattoo on her thigh”, “requested to see the tattoo on her leg” and gave her a hug even after she had said she did not want one, the document said.
He then said “you just need a good shag” and whispered in her ear “you need someone to make you come”, it added.
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According to the committee, Hemingway was also found to have told a third colleague that she was “quite attractive for an older lady”, adding that “I bet you are dirty in bed”.
His actions were found to be “sexual in nature...in that [he] sought to obtain sexual gratification and/or acted in pursuit of a sexual relationship or sexual interaction”.
His reflective statement acknowledged that he caused “significant distress, fear and discomfort” for his colleagues, leaving them feeling “vulnerable and intimidated” as well as “embarrassed and unsafe”.
“Deeply regrets” actions
But this month, the committee found that Hemingway had “acknowledged the impact that his actions had on his colleagues and on the profession”, stating that he “deeply regrets the distress, discomfort and professional impact [his] actions caused”.
He has now “reflected on the impact” of his actions, the GPhC said, adding that he has “provided examples of how he has changed his behaviour in both his professional and personal life, and outlined how he planned to implement his learnings in the future”.
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Hemingway said that he had “gone back over the professional boundaries, interpersonal skills and sexual harassment awareness courses” he took before his first hearing, but was “unable to undertake additional paid courses due to financial constraints”.
The council noted there was an “absence of any written reflections from [this] self-directed learning” but said that “revisiting the formal courses is indicative of an attempt to remediate”.
“Highly unlikely” to repeat
In a statement to the committee, Hemingway said that he now “[limits] conversations to work-related topics, [avoids] personal comments and [ensures] that interactions are inclusive and respectful”.
“I recognise that a finding of impairment was necessary to uphold public confidence in the pharmacy profession and to declare proper standards of behaviour,” he stressed.
But he added that he believes his “remediation efforts demonstrate [his] commitment to meeting these standards moving forward” and that he remains “open to further improvement”.
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The regulator was “mindful that [Hemingway] had a persuasive burden to demonstrate he had both developed insight and had remediated his failings and therefore that he could be considered suitable for return to unrestricted practice”.
But after considering his “sincere” reflections, it said it was “impressed with his understanding of the impact of his misconduct” and that he had “taken steps to ensure that [it] would not be repeated”.
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It concluded that repetition is “highly unlikely…and therefore, he is not likely in future to put the public at risk of harm” and that “the public’s confidence in the profession would not be undermined by [his] return to unrestricted practice”.
His FtP “is not currently impaired [and] the current order for suspension will therefore expire at midnight on July 14”, it added.
Read the determination in full here.
If you’ve been affected by sexual harassment in the workplace, reach out to NAWP , Pharmacist Support or PASS in Northern Ireland for help. Find free materials to raise awareness of a zero tolerance of abuse policies in pharmacies here.
