STATE OF FLORIDA BOARD OF PSYCHOLOGY ADMINISTRATIVE COMPLAINT. undersigned counsel, and files this Administrative Complaint before the

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1 DEPARTMENT OF HEALTH, PETITIONER, STATE OF FLORIDA BOARD OF PSYCHOLOGY v. CASE NO JONAS TRINIDAD, PSY. RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Psychology CBoard") against Respondent, Jonas Trinidad, Psy. D., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of psychology pursuant to section 20.43, Florida Statutes; chapter 456, Florida Statutes; and chapter 490, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed psychologist within the state of Florida, having been issued license number PY 6064 on or about October 21, 1999.

2 3. Respondent's address of record is 363 Dorothy Avenue, Holly Hill, Florida At all times material to this Complaint, Respondent provided psychological services at Hope Counseling Center, located at 1440 North Nova Road, Building 301, Suite 107, Daytona Beach, Florida At all times material to this Complaint, Patient P.A. was a 37- year-old Hispanic male veteran. 6. Patient P.A. was referred to Hope Counseling Center by the Florida Department of Health Division of Disability Determinations, for the limited purpose of a psychological evaluation. 7. On or about November 15, 2016, Respondent performed a psychological evaluation of Patient P.A. 8. During this appointment, Respondent asked Patient P.A. where he was from and established that both Patient RA. and Respondent were from Puerto Rico and spoke Spanish. 9. Respondent also inquired as to Patient P.A.'s sexual orientation and established that Patient P.A. and Respondent were both homosexual men. DOH V. Jonas Trinidad, Psy. D. Page 2 of 13

3 10. Patient P.A. had suffered sexual assault while he served in the army and had also been present at the-then recent Pulse Nightclub shooting in Orlando, Florida, where homosexual men, largely Hispanic, had been the target of a violent attack which left many dead or wounded. 11. While talking about Patient P.A.'s personal life and romantic relationships, Respondent called Patient P.A. "hermoso," meaning "beautiful" or "attractive" in Spanish, and remarked that Patient P.A. wasn't what he was expecting. 12. When asking Patient P.A. about any recreational drug use, Respondent told Patient P.A. that Respondent smokes marijuana and invited Patient P.A. to Respondent's house to smoke marijuana together. 13. Patient P.A. felt uncomfortable with this invitation and answered, "I don't know." 14. Respondent also asked Patient P.A. about the Pulse Nightclub shooting, and Patient P.A. became emotional when talking about the attack. 15. In response, Respondent closed the office door, went next to Patient P.A., and began rubbing his back and kissing the top of his head. DOH v. Jonas Trinidad, Psy. D. Page 3 of 13

4 16. Respondent then began kissing Patient P.A.'s cheek and attempted to kiss Patient RA. on the mouth. 17. Patient P.A. pushed Respondent away when Respondent attempted to kiss him on the lips. 18. Respondent then went back to his chair and resumed his evaluation questions. 19. Later during the appointment, Respondent started talking in depth about his personal experience as a gay man, even recounting his past sexual encounters. 20. Respondent then asked Patient RA. if he would like to go have a drink with Respondent, to which Patient P.A. replied he didn't know and that he doesn't really drink anymore. 21. Respondent then asked if Patient RA. wanted to be his friend, to. which Patient P.A. replied that would be okay. 22. Respondent then asked Patient P.A. if he knew of any good gay clubs in Daytona. Patient P.A. told Respondent he would need to go to Orlando to find any. 23. Respondent then gave Patient P.A. his business card with his personal cell phone number hand-written on the back. DOH v. Jonas Trinidad, Psy. D. Page 4 of 13

5 24. Respondent also asked for Patient P.A.'s cell phone number so he could call him later. 25. Then Respondent began asking Patient P.A. about his sex life, asking Patient P.A. which sexual position he preferred. When Patient RA. did not respond, Respondent told Patient RA. that he personally preferred to be on top. 26. Patient P.A. attempted to change the subject, but Respondent again asked Patient P.A. which sexual position he preferred. 27. Respondent also asked if Patient P.A. had a "nice ass," to which Patient P.A. responded that he did not know. 28. During testing, Respondent began to talk about his past romantic relationships and sexual encounters again. When Patient P.A. did not respond, Respondent told Patient RA. that he was "so horny" and hadn't had sex in a long time. 29. Respondent began rubbing his own genitals during this exchange and Patient P.A. attempted to end the session. 30. When Patient P.A. stood up to leave, Respondent remarked that he could tell Patient P.A. had a "nice ass." DOH v. Jonas Trinidad, Psy. D. Page 5 of 13

6 31. Respondent then came around his desk to hug Patient RA. again and rubbed his back, this time moving his hand down to Patient P.A.'s buttocks. 32. Respondent again attempted to kiss Patient P.A., but Patient PA again pushed him away. 33. Respondent told Patient P.A. that he was making him "hard," meaning "sexually aroused." Patient P.A. did not respond to this comment and left the office. 34. When Patient P.A. was leaving the facility, Respondent followed him and grabbed Patient P.A.'s buttocks while he was walking. 35. Respondent began texting and calling Patient RA. from his personal cell phone number within 30 minutes of this appointment. 36. Respondent continued to text and call Patient P.A. for 10 days following this appointment, but Patient P.A. never responded. 37. Patient P.A. complained to Hope Counseling Center and asked that Respondent not be allowed to contact Patient P.A. again. 38. Patient P.A. stated he was uncomfortable by the interactions with Respondent and felt that he had been sexually assaulted. DOH v. Jonas Trinidad, Psy. D. Page 6 of 13

7 39. The effects of the psychologist-patient relationship are powerful and subtle and patients are influenced consciously and subconsciously by the unequal distribution of power inherent in such relationships. 40. Therefore, psychologists are required to maintain professional boundaries with their patients and sexual misconduct is prohibited in the practice of psychology. 41. Respondent's conduct exceeded the professional boundaries of a psychologist-patient relationship. COUNT I: SEXUAL MISCONDUCT 42. Petitioner realleges and incorporates paragraphs one (1) through forty-one (41) as if fully set forth herein. 43. Section (1)(w), Florida Statutes (2016), subjects a psychologist to discipline for violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 44. Section , Florida Statutes (2016), prohibits sexual misconduct, as defined by rule, by any person licensed under this chapter, in the practice of her or his profession. 45. Sexual misconduct is defined by Rule 64B , Florida Administrative Code (2016), and states, in pertinent part, the following: DOH v. Jonas Trinidad, Psy. D. Page 7 of 13

8 (2) It shall constitute sexual misconduct for a psychologist, who is involved in a psychologist-client relationship, to engage, attempt to engage, or offer to engage the client in sexual intercourse or other sexual behavior. Sexual behavior includes, but is not limited to, kissing, or the touching by either the psychologist or the client of the other's breasts or genitals. (3) It shall constitute sexual misconduct for a psychologist, who is involved in a psychologist-client relationship, to engage the client in verbal or physical behavior which is sexually arousing or demeaning to the client unless: (a) Such behavior is for the purpose of treatment of psycho-sexual disorders or dysfunctions; and (b) Such behavior complies with generally accepted professional standards for psychological treatment of the client's specific psycho-sexual disorders or dysfunctions. 46. Respondent engaged in sexual misconduct in the practice of psychology in one or more of the following ways: a. When Respondent discussed his personal sexual orientation and sexual experiences with Patient RA.; b. When Respondent commented on Patient P.A.'s physical appearance; c. When Respondent invited Patient RA. to socialize outside of treatment; DOH V. Jonas Trinidad, Psy. D. Page 8 of 13

9 d. When Respondent asked Patient RA. questions about his sex-life that were not relevant to treatment; e. When Respondent kissed, or attempted to kiss, Patient RA. on the head, cheeks, and/or mouth; f. When Respondent touched and/or grabbed Patient P.A.'s buttocks; g. When Respondent asked about and/or commented on Patient P.A.'s buttocks; h. When Respondent told Patient P.A. he was making Respondent sexually aroused; and/or I. When Respondent rubbed his own genitals while telling Patient RA. about his personal sexual encounters. 47. Based on the foregoing, Respondent has violated section (1)(w), Florida Statutes (2016), through a violation of section , Florida Statutes (2016), and/or Rule 64B , Florida Administrative Code (2016). DOH v. Jonas Trinidad, Psy. D. Page 9 of 13

10 COUNT II: MINIMUM STANDARDS OF PERFORMANCE 48. Petitioner realleges and incorporates paragraphs one (1) through forty-one (41) as if fully set forth herein. 49. Section (1)(r), Florida Statutes (2016), subjects a psychologist to discipline for failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee, is not qualified by training or experience. 50. Respondent has failed to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance in one or more of the following ways: a. When Respondent discussed his personal sexual orientation and sexual experiences with Patient P.A.; b. When Respondent commented on Patient P.A.'s physical appearance; c. When Respondent invited Patient P.A. to socialize outside of treatment; d. When Respondent asked Patient RA. questions about his sex-life that were not relevant to treatment; DOH v. Jonas Trinidad, Psy. D. Page 10 of 13

11 e. When Respondent kissed, or attempted to kiss, Patient P.A. on the head, cheeks, and/or mouth; f. When Respondent touched and/or grabbed Patient P.A.'s buttocks; g. When Respondent asked about and/or commented on Patient P.A.'s buttocks; h. When Respondent told Patient RA. he was making Respondent sexually aroused; and/or I. When Respondent rubbed his own genitals while telling Patient RA. about his personal sexual encounters. 51. Based on the foregoing, Respondent has violated section (1)(r), Florida Statutes (2016). WHEREFORE, Petitioner respectfully requests that the Board of Psychology to enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. DOH v. Jonas Trinidad, Psy. D. Page 11 of 13

12 SIGNED this -4tN" day of Celeste Philip, MD, MPH Surgeon General & Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene DATE jut. Z Oa Assistant neral Counsel Florida B. # Florida Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida (850) (850) (fax) Oaj.Gilani@flhealth.gov PCP: 7/18/17 PCP Members: Dr. Reiff, Dr. Orta, and Dr. Rubin DOH v. Jonas Trinidad, Psy. D. Page 12 of 13

13 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule (2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule (4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule (5), Florida Administrative Code. Mediation under Section , Florida Statutes, is not available to resolve this Administrative Complaint. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section (4)1 Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v, Jonas Trinidad, Psy. D. Page 13 of 13