Tony P Clayton

As a registered Operating Department Practitioner (ODP13134) your fitness to practise is impaired by reason of misconduct and/or a health condition. In that:

1. Between 25 February 2019 and 04 March 2020, you worked beyond your scope of practice in that you;

a. signed off student nurses for the placement in theatres,;

b. signed off student nurses onto the NMC register despite not being a registered nurse,;

c. signed off student Operating Department and Practitioners when not holding the                 correct up to date qualification to act as a mentor;

d. signed off an end of placement for Student 3 to progress from 1st year to 2nd year             and/or did not review the student nurse's assessment on the OPAL system;

e. held yourself out as an Advanced Clinical Practitioner Assessor on the OPAL system,               when you did not have the qualification to do so.

2. You submitted a Performance Assessment document for the purposes of Colleague 2's care certificate, but;

a. Did not include adequate detail of Colleague 2's competency; and/or

b. Did not understand or have awareness of how to adequately complete the Performance Assessment document.

3. On 27 February 2019, you did not communicate professionally with Colleague 1, in that, you sent an email that stated, 'Good Morning my little angel, I was actually just thinking of you'.

4. Between 05 November 2019 and 22 December 2019, you did not communicate professionally with Student 1, in that;

a. On 05 November 2019 when Student 1 asked whether they were required to wear their nurses' uniform, you responded with ''is it short and sexy'', or words to that effect.,

b. On 13 November 2019, you sent an email to Student 1 stating the following, ''I don't make a habit of standing up young ladies I assure you'', or words to that effect.,

c. On 25 November 2019, you pressed the pedal of the stool Student 1 was sitting on, lowering the height of the seat and said, ''that is the quickest you'll ever go down'', or words to that effect,

d. On 04 December 2019, whilst scrubbing for an operation, you said to Student 1, ''I last 5 hours in bed, how long did you last?'', or words to that effect,

e. On 04 December 2019, whilst watching an operation, you asked Student 1 if they ''gave blow jobs'', or words to that effect,

f. On 17 December 2019, during an interview with Student 1, you;

• asked them to type Student 1 is fit’ or words to that effect,
• put your hand on Student 1’s upper thigh,
• asked Student 1 to ‘send you an email if they wanted to meet up for a coffee or a drink’, or words to that effect.

g. You said to Student 1, "we can go to the office and have sex providing you want a girl because that is what I dish out", or words to that effect.,

5. Between 04 March 2020 and 12 March 2020, you contacted student operating department practitioners, despite specific instructions not to do so.

6. You contacted staff and/or students at Derby and Bournemouth Universities whilst not in a position to do so, due to being suspended and/or restricted from your role. On or around the following dates:

                          a. 02 April 2020,

                          b. 05 June 2020,

                          c. 08 June 2020,

                          d. 09 July 2020.

7. You did not keep your knowledge and/or skills up to date, despite being asked to do so by your employer, in that you did not complete the Practice Supervisor Preparation Training.,

8. You have a physical and/or mental health condition as set out in Schedule A.

9. Your conduct in relation to particulars 3 and/or 4 was sexual.

10. The matters set out at Particulars 1,2,3,4,5,6,7 and 9 above constitute misconduct.

11. By reason of your misconduct, your fitness to practise is impaired.