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Daily Record
Daily Record
National
Gemma Ryder

Scots nurse avoids being struck off after asking student to perform sex act

A Scots nurse who asked a student mentee to perform a sex act on him to get a good mark on his assessments has escaped being struck off.

Scott Alexander MacPherson subjected a student nurse from the University of Dundee to a barrage of sexual harassment while he was on a five-week placement at the children's unit at Raigmore Hospital in Inverness, leaving him to feel "embarrassed" and "uncomfortable".

An inquiry by the Nursing and Midwifery Council has led to his suspension for six months.

MacPherson was alone with the young male nurse in May 2018 when during a conversation about the student's placement and progression into year three, he said "it will cost you" and "how about a b*** j** instead?"

Later on in the shift, the staff nurse told the student that he hadn't yet received "payment" and he still "owed" him.

Unable to face going back into the distressing environment, the University of Dundee student called in sick the following day and confided in his student representative and a parent.

He was advised to report the incident to his University and go back to the hospital hoping it was an isolated event.

But when the young nurse returned to the hospital a few days later, he remarked that he had a sore neck, to which MacPherson offered to massage his neck for him.

The student declined the offer and MacPherson replied, “I don’t bite, unless they want me to”.

The student nurse said: "‘Scott had said that he was good with giving neck massage as it was all about fingers, I reacted and went red and said no.

"Scott then said ‘seriously I don’t bite, not if you don’t want me too’.’

The panel at the inquiry said MacPherson's comments created a "degrading and humiliating environment" for the student, who was so overwhelmed and upset by the situation that he eventually left nursing.

In a witness statement referring to the inappropriate message comment, the student nurse said: "I took this to be a further sexually suggestive comment, and was totally speechless that it had happened again and so openly.

"I just stared at my water bottle and wished that I could run out or disappear."

During the course of the investigation the panel heard evidence suggesting MacPherson had a history of making sexual remarks in an inappropriate setting.

MacPherson admitted to making the comments but claimed they were not sexually motivated, and described them as 'banter'.

A report by the NMC said: "The panel was of the view that the conduct found proved was so deplorable and so significant a departure from professional standards that it amounted to nothing short of serious misconduct.

"Whilst you have accepted the charges on a factual basis, you have not accepted that your conduct amounted to harassment.

"It noted that you expressed remorse, but was of the view that it was weighted towards the impact these proceedings have had on you and not towards the impact of your behaviour on Student Nurse A.

"The panel gave serious consideration to imposing a striking-off order.

"Whilst the panel acknowledges that a suspension may have a punitive effect, it would be unduly punitive in your case to impose a striking-off order.

"The panel determined that, when combined with the nearly three years you have been temporarily suspended from the register, a six-month suspension order is appropriate in this case to mark the seriousness of the misconduct.

" It would also allow you sufficient time to reflect on your conduct and its impact on Student Nurse A and the public and the profession, and to undertake any appropriate training to support such reflection and insight."

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