“Between Dec. 23, 2013, and Nov. 10, 2014, the defendant, a pediatric gastroenterologist at Dayton Children’s Hospital, inappropriately touched teens during medical examinations,” said a statement released Thursday by the office of Montgomery County Prosecutor Mat Heck. “The inappropriate touching was not a medically necessary part of the examination.”
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Aggarwal’s attorney, Samuel Shamansky, said Thursday the plea agreement between his client and the county calls for a 10-month sentence, with credit for the four months he has been in jail awaiting trial.
When he gets out, the agreement states he will voluntarily return to his native India if he is not deported. He is currently in the country on a work visa.
“This gives him certainty and ends a very difficult saga in his life and he’s eager to get back to India and move ahead,” Shamansky said.
The agreement will now be presented to Montgomery County Common Pleas Judge Mary Wiseman. Formal sentencing is scheduled for Dec. 28.
Aggarwal also could face financial sanctions of up to $5,000 on each count and a prison term of 18 months on each count, according to the court filing.
The agreement says he will be a Tier 1 offender, meaning he will be unable to reside within 1,000 feet of a school, preschool or daycare and must register his address every year for 15 years.
Aggarwal, 40, was arrested in August at Dulles International Airport allegedly attempting to flee the country after he was indicted by a Montgomery County grand jury. He is currently in the Montgomery County jail. His bond is set at $500,000.
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Aggarwal practiced at Dayton Children’s Hospital, but he was employed by Wright State University. He was hired in December 2013 and terminated by WSU in September 2015 after his hospital admitting privileges lapsed during the police investigation.
Aggarwal sued Wright State in federal court alleging he was fired without due process, and an arbitrator has ruled the university has to pay Aggarwal $91,799 because the school didn’t follow proper steps to fire him. The university may appeal the decision.
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The prosecutor’s office initially declined to move forward on charges against Aggarwal following a lengthy police investigation. The case was reopened last summer after Aggarwal was stripped of his medical license by the State Medical Board of Ohio.
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