Former Children’s doctor arraigned in court

Montgomery Co. Prosecutor: Hospital has ‘legal obligation’ to report crimes

UPDATE @ 8:56 a.m. (Aug. 31):

Arun Aggarwal appeared via video for his arraignment in Montgomery County Common Pleas Court this morning.

Aggarwal’s lawyer entered a not guilty plea on his behalf and the judge set his bond at $500,000.

UPDATE @3:51 a.m. (Aug. 31)

Former Dr. Arun Aggarwal will be arraigned Thursday morning in Montgomery County Common Pleas Court for accusations of gross sexual imposition for allegedly touching two female teenage patients’ breasts.

UPDATE @ 4:07 p.m. (Aug. 30)

About 17 hours ahead of his criminal arraignment, former Dr. Arun Aggarwal is now in Montgomery County Jail.

RELATED: No charges in case involving doctor accused of touching girls’ breasts

He will be arraigned Thursday morning in Montgomery County Common Pleas Court for accusations of gross sexual imposition for allegedly touching two female teenage patients’ breasts.

RELATED: Board revokes license of doctor accused of touching two teens’ breasts

UPDATE @ 2:05 p.m. (Aug. 21)

Arun Aggarwal did not wave extradition during a hearing Monday morning in Loundon County, VA, according to the Montgomery County Prosecutor's Office.

RELATED: Records reveal hospital debate over sexual misconduct allegations

Aggarwal has been scheduled for a bond hearing set for tomorrow morning. He is currently being held without bond in the Loundon County Adult Detention Center.

UPDATE @ 3:55 p.m. (Aug. 18)

Arun Aggarwal was arrested Friday after attempting to flee the country according to the Montgomery County Prosecutor’s Office. Aggarwal was arrested in Washington D.C. after flying from Cleveland to Dulles International Airport in an attempt to catch a connecting flight to India.

Aggarwal is currently at the Loudoun County detention center where he will remain in custody until he is extradited back to Ohio to face charges.

A former pediatric gastroenterologist at Dayton Children’s Hospital was indicted Thursday on four counts of gross sexual imposition for allegedly touching two female teenage patients’ breasts.

A warrant was issued for Dr. Arun Aggarwal’s arrest. He is scheduled for arraignment on Aug. 31. The charges are fourth-degree felonies. Calls for comment to an attorney who has represented Aggarwal were not returned Thursday.

The incidents allegedly occurred between Dec. 23, 2013 and Nov. 10, 2014. A 2015 investigation by Dayton police concluded with the Montgomery County Prosecutor’s Office declining to take the case to grand jury because one of the alleged victims wouldn’t testify, according to records obtained by the Dayton Daily News.

Montgomery County Prosecutor Mat Heck said Thursday they re-opened the case because additional evidence came out during testimony about the accusation before the state medical board. The board in May revoked Aggarwal’s medical license.

In announcing the charges, Heck said allegations like those made against Aggarwal should be brought to law enforcement immediately.

“When medical personnel commit crimes, especially sex crimes against children, under the guise of medical examination, it must be immediately reported to the police, and they must be held accountable,” he said. “History shows that inaction and failure to report such activity can start a pattern of continuous inappropriate and illegal conduct.”

Aggarwal was employed by Wright State University’s medical school and practiced at Dayton Children’s under a contract between WSU and the hospital.

An investigation by the Dayton Daily News this year found hospital and university administrators opted not to report the allegations against Aggarwal to police. After the first complaint, they issued him a warning. After the second, they set up a policy requiring a nurse or other health professional to be in the room whenever he examined a female patient over the age of 10.

Police learned of the allegations when a Children’s Hospital manager reported it to police on her own.

“This idea of ‘We’ll take corrective measures without reporting it to authorities or … the Dayton police department or without reporting it to those who are in charge of this hospital’ won’t fly,” Heck said. “Hospitals, doctors are absolutely mandatory reporters; that is a legal obligation.”

When asked if administrators could be charged with not meeting this obligation, Heck said “that is something we have been discussing.”

Dayton Children’s Hospital released a statement Thursday saying they have strengthened their processes in responding to allegations of this nature and have implemented “one of the most stringent chaperone policies in the country.”

RELATED: ‘Our process failed us,’ hospital CEO says

“The safety of our patients is our top priority,” the statement says. “We want to assure parents that we will not tolerate any actions which could impact our quality of care or breach the trust placed in us by patients, parents and the community.”

Wright State officials did not return messages left Thursday. They previously declined to comment on the Aggarwal case citing a lawsuit he has pending against the school.

Aggarwal sued Wright State in 2015 alleging wrongful termination. The case is still open, according to federal court records.

Aggarwal told state medical board investigators that his actions were medically necessary as parts of examinations of the two girls.

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