Doctor who sexually harassed two nurses avoids suspension
Posted 20 December 2023 - 13:48
An appeal by the GMC failed to gain a suspension of Nour Rezk, with a High Court judge ruling ‘proportionate’ sanctions should be imposed instead
A High Court judge has ruled that a hospital doctor who admitted to sexual harassment of two nurses should not be suspended, but said conditions of practice must be imposed on his registration.
A Medical Practitioners Tribunal Service (MPTS) hearing in April found that Nour Rezk had sent sexually motivated messages to two former colleagues on Facebook, including sending explicit photos of his genitals to one nurse. At the time, the tribunal decided that no action should be taken against Dr Rezk.
GMC appealed for suspension of doctor who admitted sexual harassment
Lawyers representing the General Medical Council (GMC) appealed the decision and argued that he should have been suspended, saying they were concerned too much weight was given to the impact a suspension would have on him training to be a consultant in emergency medicine.
The GMC panel said it ‘was also concerned with the MPTS finding that the doctor’s behaviour was not predatory’. It said: ‘The panel noted that the doctor sent repeated messages to two victims, who were previous junior colleagues, over a prolonged period and despite being asked to stop.’
On 18 December, High Court judge Dame Justice Beverly Lang allowed the GMC appeal, but concluded that imposing conditions on Dr Rezk’s practice, rather than a suspension, is a ‘proportionate’ sanction.
‘In my view, conditions are a proportionate sanction, which strike an appropriate balance between the interests of Dr Rezk and the public interest,’ she said in the ruling.
Suspension deemed ‘disproportionate’
The court heard Dr Rezk had moved from Egypt in 2017, where he had been a physician in the Directorate of Health Affairs in Alexandria. He went on to train at hospitals in various parts of the country, including Nottingham, Shrewsbury, Shropshire, Walsall, West Midlands and Birmingham. The judge indicated that he had recently worked at Birmingham City Hospital.
He had admitted sexual harassment of two nurses he had worked with at a hospital in the south west of England about five years ago, the judge said in her ruling.
‘In my judgement, the sanction of conditions would be seen by the public and the profession as an ongoing marker of disapproval of Dr Rezk’s misconduct… while providing a constructive response to his shortcomings,’ Dame Justice Lang said in the ruling.
‘Moreover, suspension would be a disproportionate sanction because of the likely impact on Dr Rezk’s training programme.’
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