Neil Zosas was removed from the register by the Nursing and Midwifery Council (NMC) last week following a string of inappropriate behaviour in 2017.
Whilst employed at St Albans City Hospital in Hertfordshire, Zosas swung his hand down using the back of his fist to brush his colleague’s groin.
On one or more occasions the senior theatre nurse also used his foot to touch and rub the man’s groin up and down.
Zasos was also found to have approached the man, known as Colleague A, and pointed to his groin before saying: “Hey, look at that peanut.”
Despite Zasos saying the incidents were “purely banter”, the NMC concluded the nurse sought sexual gratification and violated colleague A’s dignity.
The NMC decided to issue Zosas with a striking off order after finding that his fitness to practice was impaired.
New documents from the NMC hearing state: “In their hearing Between 4 September and 2 November 2017, it is alleged that you [Zosas] engaged in a course of conduct which involved making non-consensual contact with intimate parts of Colleague A’s body.
“These incidents of non-consensual contact included:- placing your foot between Colleague A’s legs, using your foot to touch Colleague A’s groin and rubbing your groin up and down Colleague A’s leg.
“It is alleged that these actions were sexually motivated in that you sought sexual gratification
“In November 2017, Colleague A reported these matters to a senior colleague and an
internal investigation was conducted.
“During this investigation, you admitted that some of the alleged conduct had occurred but you maintained that this conduct was not sexually motivated.
“Following this investigation, you were formally dismissed from your employment.
“The panel was of the view that there had been sufficient evidence (namely the fact that the incidences of non-consensual touching only pertained to intimate parts of the body) to support the charges at this stage.
“As such, it was not prepared, based on the evidence before it, to accede to an application of no case to answer.
“What weight the panel gives to any evidence remains to be determined at the conclusion of all the evidence.”
On making their decision, the NMC panel concluded: “In light of the panel’s findings of fact, it determined that a striking-off order was the only sanction which was commensurate with the seriousness of your misconduct.
“The panel was concerned that you have demonstrated a lack of insight in respect of the underlying sexual misconduct.
“Your actions were significant departures from the standards expected of a registered nurse, and are fundamentally incompatible with you remaining on the register.
“Balancing all of these factors and after taking into account all the evidence before it during this case, the panel determined that the appropriate and proportionate sanction is that of a striking-off order.
“The panel considered that this order was necessary to mark the importance of maintaining public confidence in the profession, and to send to the public and the profession a clear message about the standard of behaviour required of a registered nurse.”
