REGINA – Saskatchewan’s highest court has restored the College of Physicians and Surgeons of Saskatchewan finding that Dr. Jesse Leontowicz was guilty of “unbecoming, improper, unprofessional or discreditable conduct.”
The Saskatchewan Court of Appeal, however, found that the College’s disciplinary council, which consisted of two physicians and a lawyer, erred in their penalty and fine against Leontowicz. In September 2020, the College had suspended Dr. Leontowicz’s licence indefinitely. Then in November 2020, the College ordered him to pay $96,577 in legal fees.
“I am satisfied that the Council erred in making those orders and that the appropriate remedy is to set them aside and remit the matter of penalty and costs to the Council for reconsideration,” ruled Madam Justice Lian Schwann in her Sept. 29 written decision, in concurrence with Chief Justice Robert Richards and Justice Robert Leurer.
In October 2020, Leontowicz appealed the College’s disciplinary action against him to the Court of Queen’s Bench and the judge who heard the matter concluded that the College committee had erred in finding Leontowicz guilty of off-duty professional misconduct and quashed its decision.
The College then appealed the Court of Queen’s Bench decision to the Saskatchewan Court of Appeal and Leontowicz cross-appealed.
Warning: The following details may be disturbing to some readers
Reason for the College’s action against Leontowicz
According to court documents, Leontowicz was a fourth-year medical student at the University of Saskatchewan at the time of the events in question.
He met the complainant, J.T. through Tinder, a dating app, and on Jan. 18, 2018, they met at a local restaurant, had supper and a few drinks. Afterwards, they went to his apartment and had consensual sex.
“J.T. agreed to have sexual intercourse with Dr. Leontowicz, but asked him to wear a condom,” state the court documents. ”He obliged. During the intercourse that followed, Dr. Leontowicz inquired if she liked rough sex. J.T. said she did. He then slapped her lightly and manhandled her limbs. After the intercourse ended, Dr. Leontowicz went to the bathroom and removed his condom.”
Leontowicz and J.T., however, gave the court different versions of what happened next.
“Dr. Leontowicz pinned her down by the sternum and penetrated her vaginally without wearing a condom. She also testified that he struck her repeatedly on the face (roughly 50 times) and that she was ‘beaten … to the point of seeing stars.’ She said he then put his penis in her mouth, masturbated and ejaculated on her face.
“J.T. agreed that she had consented to having vaginal sex with Dr. Leontowicz with a condom and some amount of rough sex (which she interpreted as manhandling, hard thrusting, gentle slapping, spanking and hair pulling), but maintained that she did not consent to sex without a condom or to the infliction of pain and bruises," reads court documents.
In Leontowicz’s version of events, he recounted four separate, sequential episodes of consensual sex, with each occasion lasting about 20 minutes.
“He claimed to have worn a condom on the first three times they engaged in sexual intercourse but not the last because J.T. had initiated things by getting on top of him,” state court documents. “Dr. Leontowicz described that episode as being spontaneous and consensual. Like J.T.’s evidence, he said their interaction ended with oral sex and him ejaculating into her mouth. Dr. Leontowicz was adamant that J.T. had consented to all of the sexual activities they had engaged in throughout the evening.”
Leontowicz and J.T.’s testimony about the severity of the physical contact also differed.
“During their first sexual encounter, Dr. Leontowicz said J.T. agreed to having what he called rough sex and that, after a few slaps, he inquired if she was okay with it,” reads the court documents. “He claimed to have repeatedly checked in with J.T. about the rough sex throughout the time they had sexual intercourse and said that J.T. willingly agreed to it and even reciprocated by choking him with both hands. In total, Dr. Leontowicz said he slapped J.T. five to seven times, spit on her, and ejaculated on her face and called her a 'dirty slut.' He steadfastly maintained that all of his actions were consensual.”
Court heard that in the days after their encounter, J.T.’s tone changed in texts.
“She called Dr. Leontowicz a ‘nut case,’ insisted that she had told him not to remove his condom and that, while she had agreed to having rough sex, it did not involve ‘beating me about the face so hard that I am covered in bruises.’”
J.T. reported her interaction with Leontowicz to the Regina Police Service but no criminal charges were laid. Then, more than a year later, J.T. told the College what had happened. Following an investigation into the matter, the College charged Dr. Leontowicz with unbecoming, improper, unprofessional or discreditable conduct.
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