STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA BOARD OF )

PSYCHOLOGY EXAMINERS, )

)

Petitioner, )

)

vs. ) CASE NO. 75-029

)

DR. RICHARD M. DUNHAM, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came up for final hearing before the undersigned hearing officer on July 31, 1975, pursuant to proper notice.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

P.O. Box 1752

Tallahassee, Florida 32302

For Respondent: W. Dexter Douglass, Esquire

Douglass & Powell Post Office Box 1674

Tallahassee, Florida 32302

This matter involves whether or not the license to practice psychology in the State of Florida of Dr. Richard M. Dunham, Respondent, should be suspended or revoked for certain alleged acts as set forth in the Complaint. The Respondent was charged with violating Section 490.13, F.S., and Section 490.26(1)(e), and (f), F.S., by making sexual advances to a patient, one Judy Holsenbeck, during the course of treatment on or about the following dates: January 17, 1974; February 6, 1974; and March 5, 1974.

FINDINGS OF FACT

Having listened to the testimony and considered the evidence presented in this cause, it is found as follows:

1. Dr. Richard M. Dunham is licensed to practice psychology in the State of Florida by the State Board of Examiners of Psychology.

   
   

2. Dr. Dunham is primarily employed as a tenured professor on the faculty of Florida State University. Dr. Dunham is not trying to build a private practice, and over a two or three month period may see three to four people professionally. In connection with this limited private practice he maintains an office in his home in Wakulla County and did so at all times pertinent to this cause.

3. It was Dr. Dunham's usual practice to see patients for counseling in his home, rather than in his office on the University campus or some other place.

   
   

4. In 1973, Dr. Dunham was acquainted, through his service in the United States Naval Reserve, with Dan Holsenbeck, then the husband of Judy Holsenbeck. He was likewise acquainted with Judy Holsenbeck.

   
   

5. Dr. Glenn King, a clinical psychologist with the Auburn University Clinic, counseled Mrs. Holsenbeck on October 23, 1973, in Auburn, Alabama. Over the next five or six weeks, he saw her a total of five times for counseling, the last session being November 5, 1973. She related to Dr. King that she was concerned because she was sexually attracted to other men and she was unable, to achieve orgasm during intercourse with her husband. Further, she was depressed because she felt she could not be faithful to her husband. Dr. King counseled her and found her to have a passive aggressive personality disorder with depressive features.

   
   

6. In early December, 1973, Mrs. Holsenbeck moved to Tallahassee, Florida. Through her husband's contact with Dr. Dunham, she met with him in his office on the FSU campus sometime around December 20, 1973, to discuss her psychological problems and to seek counseling. Dr. Dunham suggested several other psychologists whom she could consult, and, in the alternative, offered to take Mrs. Holsenbeck as a patient himself. Mrs. Holsenbeck requested Dr. Dunham to take her as patient, to which request he acceded.

   
   

7. The psychological problems Mrs. Holsenbeck related to Dr. Dunham for which she sought counseling, involved her sexual activity and were similar in nature to those related to Dr. King at Auburn.

   
   

8. After the initial meeting on or about December 20, 1973, Dr. Dunham saw Mrs. Holsenbeck as a patient on five separate occasions. These were as follows: December 27, 1973; January 1, 1974; January 17, 1974; February 6, 1974; and February 28, 1974, which meeting Mrs. Holsenbeck recalls occurring on March 6, 1974. Each of these meetings was a counseling session and took place at the home of Dr. Dunham in Wakulla County. It was alleged that in the course of the counseling sessions on January 17, 1974, and February 6, 1974, Dr. Dunham engaged in sexual intercourse and other sexual activities with Mrs. Holsenbeck. It was further alleged, that at the last counseling session, which occurred on February 28, 1974, Dr. Dunham made sexual advances toward Mrs. Holsenbeck, which were rebuffed.

   
   

9. No one other than Dr. Dunham and Mrs. Holsenbeck were present in the home of Dr. Dunham at the time of the counseling sessions on January 17, 1974, and February 6, 1974. Similarly, no one other than Dr. Dunham and Mrs. Holsenbeck were present at the inception of the last counseling session. However, Mrs. Dunham, Dr. Dunham's wife of 7 or 8 years, came home during that counselling session. Mrs. Dunham was aware of Mrs. Holsenbeck's presence in the house and was not aware of any sexual activity or problem between Dr. Dunham and Mrs. Holsenbeck at that time. The counseling sessions on January 17, 1974, and February 6, 1974, took place at approximately 9:00 a.m. and lasted from one hour to one and one-half hours. The last counseling session occurred in the early evening.

   
   

10. In December of 1973, and continuing through the date of the last counseling session, Mrs. Holsenbeck worked in a race relations program headed by

    Dr. Dunham at F.S.U. Mrs. Holsenbeck was very dissatisfied and eventually withdrew from it in the spring of 1974.

    
    

11. On April 18, 1974, Dr. King contacted Mrs. Holsenbeck, at the request of her husband, whereupon Mrs. Holsenbeck alleged that Dr. Dunham had made certain sexual advances toward her during the course of his treatment of her. After a further meeting with Mrs. Holsenbeck, Dr. King told her that Dr. Dunham's alleged conduct was a serious breach of ethics and asked her if she would lodge a complaint against Dr. Dunham. Thereafter, Dr. King put Mrs. Holsenbeck in touch with Dr. Wallace Kennedy, also of the FSU faculty, and under whom Dr. King had studied. Dr. King had Mrs. Holsenbeck contact Dr. Kennedy so that her allegations might be conducted to the Florida State Board of Examiners of Psychology for action by them.

    
    

12. There was evidence presented of a serious professional and, perhaps, personal disagreement between Dr. Dunham and Dr. Kennedy, who are both in the same psychology department at FSU. This disagreement arose long before December, 1973.

    
    

13. Both the Petitioner, Florida State Board of Examiners of Psychology and the Respondent, Dr. Richard Dunham, agree that acts of the nature alleged constitute a serious ethical breach warranting suspension or revocation of a license to practice psychology.

    
    

14. It was not proved by clear and convincing evidence that Dr. Richard Dunham made sexual advances toward, nor engaged in sexual activities with Mrs. Holsenbeck at any time.

    
    

15. It is a very unwise practice on the part of Dr. Dunham to counsel patients in the privacy of his own home with no one else present, particularly when such a patient is a female manifesting sexual problems. Had Dr. Dunham been more circumspect concerning this practice, there would probably have been no opportunity for charges such as those presented herein.

    
    

    CONCLUSIONS OF LAW

    
    

16. In order to suspend or revoke the licenses of Dr. Richard Dunham on the charges herein, it is necessary that the Florida State Board of Examiners of Psychology prove by clear and convincing evidence that Dr. Dunham engaged in the alleged acts of misconduct.

    
    

17. Acts of misconduct of the nature alleged, constitute a serious ethical breach and under Chapter 490, Florida Statutes, constitute grounds for the suspension or revocation of a license to practice psychology thereunder.

RECOMMENDATION

There having been no finding of fact that the Respondent, Dr. Richard Dunham, engaged in the alleged activities of misconduct, it is hereby recommended that the Florida State Board or Examiners of Psychology take no action against the Respondent and dismiss the charges herein.

DONE and ORDERED this 26th day of September, 1975, in Tallahassee, Florida.

CHRIS H. BENTLEY, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of September, 1975.

COPIES FURNISHED:

Ronald C. LaFace, Esquire W. Dexter Douglass, Esquire

P. O. Box 1752 Douglass & Powell Tallahassee, Florida 32302 Post Office Box 1674 Attorney for Petitioner Tallahassee, Florida 32302

Attorney for Respondent

Docket for Case No: 75-000029

Orders for Case No: 75-000029