Trial date set for Ann Arbor psychologist accused of sexual relationship with patient
Plea negotiations are continuing for the Ann Arbor psychologist charged with four charges of criminal sexual conduct, but a trial date was set in court Monday.
David Falkner
Courtesy of WCSO
David Falkner, 61, is charged with four counts of fourth-degree criminal sexual conduct for having an “inappropriate relationship” with a patient. He was in court Monday when John Shea, his attorney, revealed he is in talks with prosecutors to work out a plea deal.
“We’ve engaged in various discussions related to this case,” Shea said. “But, we’re not able to come to a resolution (at this time).”
Washtenaw County Trial Court Judge Darlene O’Brien set a final pretrial date in the case for 1:30 p.m. Aug. 5. Falkner is now scheduled to face trial at 8 a.m. Aug. 19.
Falkner is free on a personal recognizance bond while the case moves forward. He is a retired Ann Arbor Public Schools employee, where he worked as either a social worker or a psychologist, according to school officials. He worked for the school district for 25 years, according to his website.
He is accused of having the inappropriate relationship with a patient while he was working for his private practice in downtown Ann Arbor. He’s been in private practice for 15 years.
Fourth-degree criminal sexual conduct is a high-court misdemeanor that is punishable by two years in prison and a fine of $500.
Any sexual relationship between a mental health professional during or two years after a patient is in treatment is a crime under Michigan state law. The consent of the patient is not a defense in these cases.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
Wondering
Tue, May 14, 2013 : 8:34 p.m.
I used to think that the numerous stories of sexual relationships between psychologists and clients were signs of depravity on the part of the psychologist. When a real sexual relationship does in fact occur (and it should be noted that a real sexual relationship has not yet been proven in this case), such a relationship is a sign that a critical ethical and legal line has been crossed--that a vulnerable client was taken advantage of by a professional who had gained intimate access to the client's psyche through their counseling work together. But, there is perhaps more to understand about the situation. Psychological counseling is based on the idea that experiences too vivid to live with can be made into memories that are easier to manage, that it is possible to slowly rewire one's brain through conversations with a trusted other to undo the millions of connections in one's brain that are deeply connected with a trauma or loss, that it is possible through feelings of love to change the chemistry of one's brain to better manage feelings of anger and grief and loss. It requires letting a deeply trusted other into the deepest recesses of one's psyche. Such conversations can be very intimate--for both client and psychologist. The client is very vulnerable--there must be a guarantee that such trust will never be violated. But the feelings generated are very human. That the psychologist also feels them is not at all surprising. In fact it may be the case that the most successful therapy occurs when the psychologist also experiences a deep connection to the client and the client can feel that mutual deep connection and caring. It requires tremendous restraint, and also a very deep understanding of what is happening and why, for both parties to recognize the feelings of deep intimacy and to have the understanding not to follow them. A very good reference related to this topic is Norman Doidge's New York Times bestseller The Brain That Changes Itself.
John Counts
Tue, May 14, 2013 : 5:20 p.m.
Let me clarify: A mental health professional cannot have any sexual contact with a person in their care -- whether consensual or not -- unless two years has passed after the person has left their care. Here is the law as on the books with the Michigan Legislature: http://www.legislature.mi.gov/(S(coylr055pk22vv45yb2ohx2u))/mileg.aspx?page=GetObject&objectname=mcl-750-520e
John Counts
Tue, May 14, 2013 : 5:17 p.m.
I am currently working on a more comprehensive update to this story. However, I can quickly share the victim was a competent female patient and the relationship was consensual. treetowncartel is correct. Mental health workers are not allowed to engage in a sexual relationship with their patients until a certain amount of time lapses. It is not only unethical in that profession, it is illegal, which is why Falkner was charged.
treetowncartel
Tue, May 14, 2013 : 4:37 p.m.
Its a dual relationship ehtical boundary that Michigan codified. Typically, mental health professionals have to wait three years from the date they last treated the individual from having a relationship with them, even if the patient consents.
Tony
Tue, May 14, 2013 : 2:15 p.m.
Interesting background. His 1986 UMich PhD is in educational psychology, not clinical psychology. Prior to receiving his PhD, he was certified as a school psychologist (1980). He's been licensed as a psychologist since 1989. He used to be a member of the American Psychological Association but is not listed in the current member directory.
Truffledog
Tue, May 14, 2013 : 8:01 p.m.
The PhD in educational psychology is a legitimate pathway to practice as a fully licensed clinical psychologist. The field has parallel paths that developed over time. It is extremely hard to get into clinical programs, few slots, and selection is skewed toward research not practice., and Ed schools have long been an alternate path.
tom swift jr.
Tue, May 14, 2013 : 5:41 p.m.
hmmm the site here won't let me post the full link.. you can check his credentials at http://www7.dleg.state.mi.us/free/
tom swift jr.
Tue, May 14, 2013 : 5:39 p.m.
that link was cut off, the full link is http://www7.dleg.state.mi.us/free/publicinfo.asp?rb_name=ON&rb_facility=&l_person_id=155556&l_profession_id=63&l_license_id=156658&Last_Name=FALKNER&First_Name=&License_number=&Facility_Name=&DBA_Name=&profession=63&offset=0
tom swift jr.
Tue, May 14, 2013 : 5:38 p.m.
Being in the "directory" means nothing. It is a voluntary membership. Many therapists find that belonging to these professional organizations has little benefit, the organizations don't train, test, or accredit them so membership value is marginal. It appears that he was fully qualified to practice as a clinician, in Michigan it only requires a Master's degree in an appropriate field to be licensed to practice. He's been licensed as a Psychologist in Michigan since 1990, he's had no disciplinary action or complaints since that initial issuance of his license. http://www7.dleg.state.mi.us/free/publicinfo.asp?rb_name=ON&rb_facility=&l_person_id=155556&l_profession_id=63&l_license_id=156658&Last_Name=FALKNER&First_Name=&License_number=&Facility_Name=&DBA_Name=&profession=63&offset=0
kalamityjane
Tue, May 14, 2013 : 2:21 p.m.
Wow, sounds like he had no business practicing clinical psychology to me... And why isn't he in the current directory? I'm curious as to when and why he was removed.
kalamityjane
Tue, May 14, 2013 : 1:51 p.m.
These are disturbing allegations, when will more information on the charges be available? I'm curious as to was this patient an adult, consenting, etc? This man is very familiar with me and I know children he has counseled.
kalamityjane
Tue, May 14, 2013 : 2:17 p.m.
Well the mi.gov site says that it can also be someone older than 13 but younger than 16 so there's a much more broad range that is possible.
music to my ear
Tue, May 14, 2013 : 2:01 p.m.
I too was wondering if he were a school employee if the police talked to any of his former patients at the school,what is wrong with these people,and I know it does not reflect on all doctors one bad apple does not spoil the whole bunch
seldon
Tue, May 14, 2013 : 2:01 p.m.
Prosecutors are not known for undercharging, so I would guess from the charges that the patient was a consenting adult who would have been considered competent to consent in other circumstances. If not, then the charge would likely have been a higher degree of criminal sexual conduct. Psychologists and psychiatrists are simply not permitted to date their patients, as they have undue influence over them.
Elijah Shalis
Tue, May 14, 2013 : 1:51 p.m.
It is Dr. David Falkner. He has a Ph.D. Ph.D.s arereal doctors and they have been around a lot longer than MDs.
John Counts
Tue, May 14, 2013 : 6:07 p.m.
seldon: That falls under the academic degree category, in which case AP advises to use this form: "John Smith, who has a doctorate in psychology." This is generally used to establish credentials, like if John Smith was a psychologist interviewed for his take on a subject. Abbreviations like "Ph.D" are only used to avoid confusion when there are many individuals listed in the article with different types of degrees.
seldon
Tue, May 14, 2013 : 5:49 p.m.
What do they state about using advanced degrees, e.g. John Smith, PhD?
John Counts
Tue, May 14, 2013 : 5:11 p.m.
We use Associated Press style, as do most news organizations, which states that the formal term "Dr." is used in first reference for a doctor of dental surgery, doctor of medicine, doctor of osteopathy or doctor of pediatric medicine.