An Inverness staff nurse who used “hostile and degrading” language towards a student has been suspended.
Scott Macpherson made sexually explicit comments to a student nurse and offered to massage his neck during his placement at the children’s unit at Raigmore Hospital in 2018.
Macpherson admitted making the comments but not in the context of sexual harassment, describing them instead as “banter”.
But the Nursing and Midwifery Council disagreed and considered striking him off – before agreeing a six-month suspension would be more appropriate.
The incidents happened between May 3 and May 7 2018.
Student felt ‘extremely uncomfortable and embarrassed’
In their decision, the NMC ruled that Macpherson had “breached professional boundaries” and had behaved in a “sexually inappropriate manner” towards the student he was mentoring.
On May 3 2018, Macpherson suggested Student A, who was on placement from Dundee University, perform a sex act on him in order to gain a good assessment.
The student nurse said this made him “feel extremely uncomfortable and
embarrassed”.
Later the same day, Macpherson used sexually inappropriate language as the student drank a glass of water.
The conversation was overheard by a witness, who spoke about the incident at the tribunal held last week.
On the same day, towards the end of his shift, Macpherson told Student A he had not yet received “payment” and that he still “owed” him, or words to that effect.
The student nurse was so disturbed by the interaction, he called in sick on May 4 2018.
The NMC heard Student A sought advice from one of his parents and from a student representative. He was told to go back to work, and to report the incident to Dundee University.
Believing that it might be a one-off incident, he returned to Raigmore Hospital on May 7.
At the start of the shift, the student told a colleague he had a sore neck.
‘I don’t bite, unless they want me to’
Immediately Macpherson offered to massage his neck for him. The student nurse declined his offer to which his mentor replied along the lines of “I don’t bite, unless they want me to”.
The student said he was “speechless” that it had happened again and so openly. He told the panel: “I just stared at my water bottle and wished that I could run out or disappear.”
The watchdog heard that the incidents led to the student nurse leaving the profession.
Five charges against Macpherson were found “proved” by the panel, who heard from five witnesses including Macpherson, Student A and three colleagues.
The panel found Macpherson’s evidence “unreliable in that it was inaccurate” and ruled his fitness to practise was impaired.
The finding states: “The panel was of the view that the facts found proved had the effect of creating an intimidating, hostile, degrading, humiliating and offensive environment for student nurse A and had the effect of violating his dignity.
“The panel noted that following that shift, he took absence on May 4 2018 as he felt unable to attend due to the events on May 3 2018.
“The panel also had regard to his oral evidence where he stated that he was left upset, uncomfortable, felt overwhelmed by the situation, and eventually left nursing.”
Serious consideration given to ‘striking off’ nurse
The NMC said they had given “serious consideration” to a striking off order but said it would be “unduly punitive” given the Macpherson had engaged with the process and gave an assurance that he would not repeat the misconduct.
The panel did however raise concerns that Macpherson had not shown remorse for his actions, stating “…the panel noted that you accepted the factual basis of the charges at the outset, but did not accept that your actions amounted to sexual harassment of student nurse A.
“It also noted that your acceptance of misconduct and impairment of your fitness to practise came only after the charges were found proved.”
