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A recent spate of teachers accused of molesting students might lead some to believe educators are uniquely prone to such behavior.
But sexual misconduct appears to be just as common among other licensed professions in Utah.
Chiropractors, psychologists and social workers have their licenses suspended or revoked as frequently as teachers -- at times, more frequently -- for indiscretions ranging from inappropriately touching and seducing patients to full-blown sexual exploitation, according to disciplinary records at Utah's Division of Occupational & Professional Licensing (DOPL).
"It is a better kept secret than rape or spousal abuse because it is even more shrouded in shame, guilt, and a programmed ambivalence of victims toward their abusers," said Jan Wohlberg, founder of TELL (Therapy Exploitation Link Line), a network for victims of therapist abuse.
DOPL licenses more than 169,000 professionals in diverse fields. The Salt Lake Tribune limited its probe to health care workers in positions of power and trust: doctors, nurses, dentists, chiropractors, massage therapists, psychologists and social workers.
Sexual misconduct is rare. Health professionals are far more likely to succumb to alcohol and drug abuse or practicing beyond the scope of their license.
But The Tribune found 37 cases over three years (2007-09) in which health workers were punished for sexually oriented breaches of the Hippocratic Oath to do no harm.
And those numbers probably understate the problem. DOPL doesn't disclose complaints, only disciplinary actions. And disciplinary records suggest misconduct can go unreported, or unpunished, for years:
» In 2003, a patient filed a complaint with DOPL saying she had been verbally abused by her chiropractor, Gary Whitley, who allegedly called her "old and ugly" before claiming to be her lover in a former life and kissing her on the lips. The licensing board agreed to let Whitley continue practicing, but only if he underwent behavioral therapy. He refused, and in 2007 was arrested by South Salt Lake police for lewdness. Whitley denied any wrongdoing, but under pressure from the licensing board, agreed to let his license lapse on May 31, 2008.
» Michael W. Fritchen worked as a nurse in the University of Utah's newborn intensive care unit for seven years until supervisors discovered he had lied about his criminal history. In 1993, a year after obtaining his nursing license, Fritchen was convicted of two counts of sodomy upon a child under the age of 16. He was sentenced to prison for 10 years and discharged from the military. But he retained his nursing license, and upon release from prison in 2002, landed a job at the U. University officials learned about Fritchen's felony charges from an anonymous source, fired him and alerted DOPL. Fritchen surrendered his license earlier this year. He declined to comment, saying only, "I'd rather just leave it in the past."
That teachers are no more, or less, fallible could help with public perception, said Carol Lear, the state's top education lawyer, who advises a committee charged with disciplining teachers. But, Lear said, "We still need to be vigilant."
With teachers, the victims are children, and the power imbalance more extreme, Lear said. "If you hear about a pediatrician or psychologist who has a bad reputation, you go to someone different. In the public education system, you're assigned to a school and a teacher."
But DOPL spokeswoman Jennifer Bolton said some consumers spend more time researching a car purchase than they do their doctor or psychologist.
Public awareness is part of the problem.
Whereas teacher abuse makes headlines, misconduct among the helping professions gets scant attention, said Wohlberg, who founded TELL after being sexually abused by a psychiatrist.
Because most sexual misconduct among the helping professions arises from relationships with adults (current or former patients), there's a tendency to blame the victim, Wohlberg said. "But most cases are not based on budding romance. They are not affairs. Most clinicians who engage in sexual relations with their patients are opportunists who do it because they can."
Cases of criminal exploitation show up in DOPL records:
» A massage therapist accused of touching and massaging the genitals of several male clients.
» A nurse arrested in 2003 on two counts of enticing a minor over the Internet.
» A chiropractor convicted in 2007 of aggravated sex abuse of a child.
But when criminal charges don't stick, neither do licensing decisions.
Practitioners can generally apply to have their licenses reinstated within five to 10 years of revocation. Some are reinstated even earlier, under probationary terms.
Larry Andrew, an osteopathic fertility doctor in Springville who in 2007 faced trial on 19 counts of forcible sexual abuse for allegedly massaging patients' genitals during exams, lost his license for one month.
Andrew pleaded no contest to eight counts of class A misdemeanor sexual battery. He underwent a psychosexual evaluation and therapy and is now on a probationary license, subject to limitations (he must be chaperoned when working with female patients). Andrew could not be immediately reached for comment.
"We can only take action if it's defensible," said DOPL director Mark B. Steinagel. "Sometimes even when our gut tells us something is there, if evidence doesn't show it, we have to be careful."
But news of criminal misdeeds doesn't always reach DOPL.
Unlike teachers who undergo criminal background checks every five years upon relicensure, health workers aren't subject to periodic screens. Some are never screened, at least not by DOPL.
Most hospitals vet their employees upon hire. But only nurses and massage therapists must pass a background check to get licensed, Steinagel said. "We implement the policy we're given by lawmakers."
Health workers are required to disclose any arrests and convictions. Also, Steinagel said DOPL relies on police reports and citizen complaints.
"I know there are people who say the honor system doesn't work, but we get quite a few referrals based on self-disclosure," said Steinagel. "We act on everything we get ... It is a really big deal to me, not only because of the damage they do, but also the trust the public can lose in DOPL if we don't take action. That's why we exist."
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