A Winnipeg lawyer has been found guilty of professional misconduct and suspended for 30 days after admitting he sexually harassed a law student he was coaching during an out-of-province competition.
The Sept. 17 decision by the Law Society of Manitoba also requires that Paolo Aquila, a lawyer with Thompson Dorfman Sweatman, pay $4,000 in hearing costs.
Aquila, who was called to the bar in 2020, was a coach for the University of Manitoba student’s moot court team during a competition in Toronto.
According to an agreed statement of facts provided to a law society disciplinary panel, Aquila admitted to putting his hand on the female student’s back while standing next to her at a cocktail reception. Later, at a karaoke bar, Aquila pulled the woman’s chair next to his, and repeatedly moved his hand along her lower back and buttocks. During a drive back to their hotel, Aquila placed his hand on the woman’s thigh and caressed it until their arrival.
After learning the woman had filed a complaint with the law society, Aquila “promptly” apologized to the woman, the law society and the law school, the decision said.
Since then, Aquila completed training on sexual harassment, diversity, sensitivity and inclusion, stress management and drug and alcohol awareness, and underwent counselling for depression and anxiety.
“The panel… recognize(s) that (Aquila) has been a model of remedial actions following a complaint of professional misconduct, and there was nothing more he could have done in the circumstances,” the decision said.
“The panel only observes this is not a situation where (Aquila), prior to any complaint being submitted, acknowledges his misconduct with an immediate apology to the student. It was only after learning of the formal complaint that (he) took those commendable remedial actions.”
The law society was provided reference letters from Thompson Dorfman Sweatman, family members and a non-profit organization where he volunteered.
“All describe (Aquila) in the most positive terms and state his behaviour was out of character for him,” the decision said. “They are all confident (Aquila) is a very low risk to reoffend, and the society and the panel accept that risk assessment.”
Aquila’s lawyer Saul Simmonds said his client had been drinking and had no clear memory of his harassing actions, but accepted they occurred as described by the victim and others.
Simmonds urged the disciplinary panel to consider a reprimand and $5,000 fine, with no suspension, arguing Aquila’s actions were on “the low end of the spectrum” for sexual harassment and that he had already suffered negative consequences of shame and embarrassment.
The disciplinary panel disagreed, finding anything less than a suspension would not sufficiently denounce Aquila’s actions or deter others.
“Sexual harassment is all too common in legal practice, but only a small percentage of those who are victims choose to make a formal complaint,” the decision said.
A power imbalance “is inherent in the relationship between a moot coach and a student.… A mere lack of objection by the victim or even the appearance of consent are not sufficient to overcome the power imbalance. The onus is on the lawyer to ensure nothing sexual happens in this context. It is a ‘no go’ zone.”
The case offers an “important lesson” for the legal profession of the dangers in mixing law school events and alcohol, the disciplinary panel said.
“Any lawyer who decides to have too much to drink at such an event is creating a risky situation…. For our profession, over-consumption of alcohol when misconduct ensues can be an aggravating factor, not a mitigating factor, and may result in the imposition of greater discipline than might otherwise be the case.”
dean.pritchard@freepress.mb.ca
Dean Pritchard
Courts reporter
Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.
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