On 11 October 2017, the disciplinary tribunal panel considered an allegation of misconduct against Dr Brett Edwin Malyon, FIA (the respondent), relating to him being convicted, on 24 April 2013, of four separate counts of exposure contrary to section 66 of the Sexual Offences Act 2003 in that he intentionally exposed his genitals on four separate occasions intending to cause alarm or distress during July and August 2012.
On 11 October 2017, the disciplinary tribunal panel considered an allegation of misconduct against Dr Brett Edwin Malyon, FIA (the respondent), relating to him being convicted, on 24 April 2013, of four separate counts of exposure contrary to section 66 of the Sexual Offences Act 2003 in that he intentionally exposed his genitals on four separate occasions intending to cause alarm or distress during July and August 2012.
It was also alleged that the respondent did not notify the IFoA of his convictions until 9 December 2016, in breach of paragraph 1.19 of the IFoA disciplinary scheme, and that his actions were in breach of the principle of integrity in the Actuaries' Code.
The respondent did not accept that the exposure of his genitals was, on each occasion, intentional. Nevertheless, the facts were found proved by virtue of his criminal conviction. The disciplinary scheme states that where a member has been convicted of a criminal offence, that shall be treated as conclusive evidence of the findings of fact upon which the conviction is based. The disciplinary scheme also states that the conviction is prima facie evidence of misconduct.
The respondent accepted that his actions constituted misconduct and a lack of integrity. However, the panel considered that, as the charge specifically referred to a breach of the principle of integrity in the Actuaries' Code, rather than a lack of integrity within the disciplinary scheme, the allegation of lack of integrity was not made out.
Misconduct was made out and the following sanction was imposed:
Expulsion from membership of the IFoA for a period of three years. Costs were also awarded in favour of the IFoA in the amount of £3,960.
