Acknowledgement and Undertaking as signed by Prabu Elangovan (Registration #16548) on September 1, 2022
I, Prabu Elangovan, acknowledge and undertake as follows:
1. I acknowledge that on December 9, 2021, I was found guilty and convicted by the Ontario Court of Justice for the following criminal offence(s):
a. Transmitted, made available, distributed, or sold sexually explicit material to a person who was, or who the accused believed was, under the age of 16 years, contrary to s. 171.l(b) of the Criminal Code of Canada.
2. I acknowledge that concerns regarding my conduct as they relate to the above conviction of a criminal offence and the following sections of Ontario Regulation 388/08 have been raised before the Inquiries, Complaints and Reports Committee (the "ICRC") of the College of Physiotherapists of Ontario (the "College") related to:
• 15: Contravening a federal, provincial or territorial law relevant to the member's suitability to practise.
• 18. Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, and
• 19. Conduct unbecoming a physiotherapist.
3. I understand that the ICRC is considering a referral to the Discipline Committee for a hearing and that the outcome of that hearing could be the revocation of my Certificate of Registration/ licensure issued by the College.
4. I acknowledge and agree that, in exchange for my providing to the College an original copy of this Acknowledgement and Undertaking ("Undertaking") signed by me, the College agrees not to proceed any further with the current investigation into my conduct (file number 2019-0041) and not to refer the matter to the Discipline Committee.
5. I acknowledge and agree that, in exchange for my providing to the College an original copy of this Undertaking, the ICRC will take no further action regarding the current investigation into my conduct (file number 2019-0041) and I undertake to resign my Certificate of Registration I licensure with the College effective July 28, 2022.
6. I understand that nothing in this Undertaking prevents me from re-applying for a Certificate of Registration / licensure with the College after one year has passed from the date that I signed this Undertaking.
7. I acknowledge that in the event that I choose to re-apply with the College after the one year has passed from the date that I signed this Undertaking, my application will be referred to the Registration Committee of the College for review and the Registration Committee will decide if I should be issued an Independent Practice Certificate of Registration or similar status with the College, and if so, the terms, conditions and limitations, if any, associated with that certificate or status.
8. I acknowledge that after I resign my Certificate of Registration / licensure with the College, I will not be entitled to use the title "physiotherapist", "physical therapist" or any abbreviation thereof or equivalent in another language. I will not be entitled to hold myself out as a person who is qualified to practice in Ontario as a physiotherapist/physical therapist and I will not be entitled to imply that I am a physiotherapist/physical therapist in Ontario. Further, my name and College registration number will no longer be able to be used for billing purposes.
9. I acknowledge that the College is required to include my resignation on the College's public register and the College is required to publish the Undertaking in its entirety on the College's public register. The College will also publish this information on the College's website. These publications are indefinite and regardless of any future applications for a Certificate of Registration to the College or any re-issuing to me of a Certificate of Registration.
10. I acknowledge that the College will continue to have posted on the College's public register my conviction of a criminal offence and the active probation conditions. I may request the College to remove the probation conditions from the College's public register when they are no longer valid.
11. I acknowledge that the College will share the contents of this Undertaking to comply with requests for the lawful disclosure of information about me, my conduct or my practice to other regulatory bodies / colleges within the regulated health field upon request.
12. I acknowledge that if I ever apply or re-apply or attempt to apply or re-apply for a Certificate of Registration / licensure or similar status with the College in the future, the College will be entitled to rely upon this Undertaking in considering my application.
13. I acknowledge this Undertaking is part of my history with the College and may be referred to in any future investigation or proceeding.
14. I acknowledge that failure by me to abide by any of the terms or conditions of this Undertaking are cause for the College to proceed with a referral to the ICRC for consideration regarding a potential breach of the Undertaking.
15. In the event of a breach of this Undertaking and the College proceeds with an investigation and/or discipline hearing, I hereby agree to bear the risk of any prejudice that the passage of time might cause to my ability to make full answer and defense, and waive the right to seek any remedy on the basis of the passage of time, should the College proceed with the investigation and any allegations that may arise as a result of any future breach of this Undertaking by me.
16. I acknowledge and confirm that I had read and understand the terms and conditions provided in this Undertaking and that I have been advised of my right to obtain legal advice prior to entering into this Undertaking and have either done so or chosen not to do so.