Erasmus MC justified in firing oral surgeon for sex with 5 students, subordinates

Erasmus MC in Rotterdam was justified in dismissing an oral surgeon for having sexual relationships with five women, all of whom were subordinates to him, The Hague Court of Appeals ruled. The man had fought his dismissal, demanding his job back and compensation of nearly 5 million euros.

The court learned that an investigation into the doctor was triggered by two reports filed with an ombudsman by two separate complainants within a week in May 2022. The two said they were involved in a “sexual and/or emotional relationship” with the surgeon, while they were also subordinate to him. Both said he “had multiple sexual and/or emotional relationships at the same time.”

The ombudsman and the Erasmus MC board members agreed to hire a third party to handle the case. This determined that the doctor had “sexual relationships with at least five women, all but one of whom were born in the 1990s.” Each was affiliated with the hospital at the time “as students or subordinates of [the surgeon], from the years 2014 to 2022.”

The duration of the relationships varied, and some of them overlapped, the third party concluded. These women experienced shame and fear, including about the consequences for their careers. The researchers also concluded that the surgeon failed to report any of these relationships to his superiors. The hospital dismissed him effective 1 May 2023.

The surgeon admitted having relationships with all five women but argued that they were long-lasting and mutually consensual relationships, without any abuse of power. He also argued that relationships among colleagues, including with subordinates, were common at the hospital and said that Erasmus MC only dismissed him because one of the women threatened to go to the media.

The surgeon demanded a retroactive reinstatement, along with backpay, and compensation amounting to nearly 5 million euros.

The Court of Appeals again ruled against the man. According to the court, it has been established that four of the five women worked under the man for at least part of their relationship and they were, therefore in an “unequal or dependent position” with the man. “Like the subdistrict court, the court is of the opinion that [the surgeon] could have been expected to maintain a professional distance in his contacts with colleagues, especially when it concerns colleagues who are in an unequal or dependent position in relation to him.”

The man will not get his job back and is not eligible for damages, the court ruled. Erasmus MC must pay him a transition allowance of 85,000 euros. The surgeon must also cover the hospital’s legal costs, amounting to 24,000 euros.