Warning: This article may be triggering for some readers. Please read at your own discretion.
Saskatchewan’s Court of King’s Bench overturned a decision that had indefinitely suspended the medical licence of a man accused of sexual assault.
He has now applied for residency in Ontario.
Jesse Leontowicz was accused of sexual assault and lost his medical licence in 2020 after being found guilty of unprofessional conduct by the College of Physicians and Surgeons.
Leontowicz, who was a 27-year-old fourth-year medical student at the time of the incident, was accused of forcibly engaging in a number of sexual acts with an unwilling participant more than two years prior.
He was brought before The College of Physicians and Surgeons of Saskatchewan council for investigation.
The college said evidence showed Leontowicz met a 26-year-old woman on Tinder and went on a date with her on Jan. 22, 2018. The woman is unnamed in the college’s document.
The review said Leontowicz and the woman went back to his apartment, took off their clothes and kissed. Leontowicz put a condom before they engaged in consensual intercourse.
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At some point during intercourse, Leontowicz allegedly removed his condom. The woman he was having intercourse with told him to put a condom back on, but she claims he refused.
Leontowicz was accused of holding her down, hitting her repeatedly causing significant bruising and spitting on her.
In her witness statement, the woman said she agreed to have rough sex, but not without a condom and not “beaten to the point of seeing stars.”
In its decision, the college said although the alleged incident didn’t happen at work, it felt suspending Leontowicz’s licence was the best course of action.
The hearing decision was overturned by the Court of King’s Bench in September 2023 and a new penalty hearing was ordered.
“Court concluded that it was incorrect to conclude that this constituted professional misconduct because it wasn’t connected to the practice in medicine, it was done in his private life,” said Bryan Salte, legal council with the college.
However, he also noted that good character is a requirement for licensing.
“Physicians are expected to do no harm, that’s a pervasive expectation.”
Leontowicz was served a four-year licence suspension, retroactive to June 20, 2019, according to the College of Physicians and Surgeons — meaning his entire suspension is considered served.
Salte said that while the penalty aspect is taken care of, he expects the matter to resurface at the council’s January meeting to determine whether Leontowicz should pay part of all of the costs associated with the college’s investigation.
The college incurred nearly $100,000 to take Leontowicz through the discipline process.
Salte said he has been contacted by the college in Ontario where an application is pending regarding Leontowicz’s residency.
“It will be for the Ontario college to make the decision if they will or will not grant a licence to Dr. Leontowicz.”
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