Crossing Boundaries

The discipline of a licensed clinical social worker for violation of professional standards was upheld by the New York Appellate Division for the Third Judicial Department.

The court rejected the contention that the attorney for the social worker was improperly disqualified

Petitioner retained Michael Sussman, who was already representing JC in a separate civil rights action against her employer in federal court. [The Office of Professional Discipline] moved to disqualify Sussman from representing petitioner…

To represent petitioner, Sussman would have had to effectively cross-examine JC, who was a key witness in OPD’s case against petitioner. His simultaneous representation of her in a pending federal action potentially gave him access to information not otherwise available for use on cross-examination. Moreover, in this proceeding, Sussman would be attempting to diminish her credibility, whereas an opposite result would be pursued in the federal action. There was a sufficient conflict of interest to justify disqualifying Sussman.

The court found sufficient evidence that petitioner had crossed professional boundaries in his “couple therapy” treatment of DC and JC

OPD’s expert, David Olsen, testified in detail regarding boundaries that a social worker must maintain, the training social workers receive about boundaries, and the reasons for the boundaries, which include protecting client confidentiality and making the client feel safe. He opined that petitioner had many boundary violations and that his actions deviated from the acceptable practices within the profession. Among other things, petitioner had, during the relevant time and while JC was a client, played golf with DC and JC’s father and had eaten meals with JC and DC at their home. Petitioner attempted to explain his presence at JC’s home as consistent with a counseling theory advanced by Salvator Minuchin advocating sessions in a client’s home as facilitating the therapeutic process.  However, petitioner acknowledged that there was no documentation in his notes that he was using Minuchin’s techniques in counseling JC and DC. Olsen also testified regarding the many deficiencies in petitioner’s records including, but not limited to, the lack of progress notes.

The license is suspended for two years. (Mike Frisch)