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In re Kitchings8/30/2001
arily. The Board was therefore obliged to accept the hearing committee's finding.
Second, although we agree with the Board that the hearing committee report lacks explicit findings on this point, it is apparent on the face of the record that the hearing committee considered, and rejected, that respondent signed the memorandum under duress. Indeed, the sole purpose of the December hearing was to explore that issue. In this context, the committee's reference to the first and second stipulations as "the accepted facts of the case" leaves no doubt that the committee implicitly found Kitchings's signature to be voluntary. Failure to note this expressly in the committee report was an oversight that in no way affected the outcome of the case, and does not constitute grounds for reversal by the Board. Cf. Wisconsin Avenue Nursing Home, 527 A.2d at 289 (holding that an error is reversible only if substantial doubt exists over whether the ultimate finding would be different with the error removed).
CONCLUSION
We conclude that the Board on Professional Responsibility erred in declining to consider the twelve counts listed in the second stipulation, and remand to the Board to recommend a disposition in light of all the charges identified by the hearing committee.
So ordered.
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