A BC nurse who made "discriminatory and derogatory comments” towards transgender people on social media has been handed a one-month suspension and ordered to pay nearly $94,000.
The BC College of Nurses and Midwives published a summary of a decision made by a panel of its discipline committee on Thursday.
It says Amy Hamm has two years to pay back the costs, which were awarded to the College.
Hamm made headlines after the College found she committed unprofessional conduct in a decision issued in March.
The panel said Hamm’s statements made across "various online platforms" between July 2018 and March 2021 were partly designed "to elicit fear, contempt and outrage against members of the transgender community."
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Hamm filed an appeal of the initial discipline in the BC Supreme Court. In July, she filed two human rights complaints with the British Columbia Human Rights Tribunal.
Because of those two appeals, the College said the panel’s decision on the penalty and costs will be stayed until the appeals have been resolved.
In its Aug. 14 decisions, the College said Hamm demonstrated a “lack of understanding” of her ethical obligations as a nurse.
“The Respondents' statements repeatedly challenge the existence of transgender women, conflate sex and gender, and advocate for the denial of legal protections for transgender women whom she describes as feminine men,” said the 17-page decision.
“The Panel has no hesitation in finding that these statements are disrespectful, hurtful, and harmful to the transgender community.”
The panel said her conduct erodes the trust members of that community have in the health care system.
According to the decision, Hamm argued that her intentions were to advocate for sex-based rights of women and children.
However, the panel said that her experience as a nurse and nurse education, Hamm should have been aware of her "professional ethical responsibility” to refrain from using her professional designation when publicly experiencing her views regarding the transgender community.
“The Panel accepts that the Respondent's statements were motivated by her genuine belief that recognition of the rights of transgender women harms the sex-based rights of cisgender women and children,” the decision said. “However, as noted in the Decision on Verdict, it is possible to express gender critical views without making statements which denigrate and discriminate against transgender persons.”
The panel originally proposed Hamm be suspended for three months and to cover the hearing costs in the amount of $163,053.
Hamm said a suspension of up to two weeks and covering $40,115 would be more appropriate.
The decision said Hamm is a single mother who received no child support.
Hamm also said she has experienced “considerable adverse mental health impacts” which resulted in medical treatment and numerous leaves of absence from work. She said the investigation and hearing process has largely amounted to punishment.
Ultimately, the panel settled on the one-month suspension and for Hamm to cover $93,639 in costs, which will be repaid in two years.
That will not go into effect until the outcome of Hamm’s appeals are known, however.
