Many nurses spend a lot of time every day in extremely close contact with patients as well as with co-workers. The mental demands of the job can sometimes feel overwhelming, and sick patients and fellow employees often look to nurses for comfort. But when what starts out as comfort ends with an accusation of sexual misconduct, the consequences to a nurse's license can be severe. If you are a nurse who has been accused of sexual misconduct by a patient, the patient's family, or a co-worker, you need help to protect your license because it's likely that if you're found to have committed the accused conduct, you'll be facing a suspension or revocation of your license.
The Lento Law Firm Professional License Defense Team knows that your nursing license is the key to your career, your livelihood, and your reputation. We also know how important it is to vigorously defend against sexual misconduct allegations that could spell the end of your nursing career. If you've been accused of sexual misconduct, call us as soon as possible. In our experience helping nurses all over the country defend themselves against serious misconduct allegations, the sooner we get involved and can start working on your defense, the better your chances are of saving your license. So call us to learn how we can help. You can reach the Lento Law Firm's Professional License Defense Team at 888.535.3686 or by using our online contact form to schedule a confidential consultation.
Sexual Misconduct Involving Nurses
Nurses spend a lot of time working very closely with patients and, depending on their situation, with other nurses, nurses' aides, doctors, and other professionals. Some nurses may spend considerable amounts of time alone with their patients – for example, in the home care setting – and others may work with dozens of other people daily. Given the intense physical nature of many of the procedures that nurses must administer to patients and how closely they often work with their colleagues in the course of providing quality health care. When, however, working closely with someone results in a sexual misconduct allegation being filed against you, you need the help of an experienced professional license defense attorney to protect your license and your future.
A nurse accused of sexual misconduct faces two potential levels of workplace discipline. When the alleged misconduct involves a co-worker, the employer's HR department will be involved; and when the sexual misconduct allegation is made by a patient (or if the nurse is accused of sexually assaulting a patient), the allegation will be reported to the Board of Nursing for investigation and disciplinary action. In many cases, both the HR department and the BON will end up investigating the allegations and potentially taking action against the accused nurse.
Unfortunately, sexual misconduct has been part of nursing for many years. Many nurses were targets of sexual misconduct from co-workers, physicians, patients, and others. The problem, of course, is that it's not unusual for someone who is the aggressor in a sexual misconduct situation to accuse the targeted nurse of misconduct. This can result in the nurse facing disciplinary proceedings even though the nurse was the one who was the victim of sexual misconduct. When sexual harassment and sexual misconduct complaints are taken into account, the Equal Employment Opportunity Commission reported in 2017 that the healthcare field ranked number 4 on the EEOC's list of industries with the most reported sexual harassment claims.
Types of Workplace Sexual Misconduct
There are a number of different types of sexual misconduct that can lead to a BON disciplinary investigation against an accused nurse. These include the following:
- Quid Pro Quo Sexual Harassment. Asking for or suggesting that sexual favors might entitle a co-worker to work-related benefits is a common form of sexual misconduct.
- Inappropriate Touching. While it's not unusual or necessarily improper to occasionally touch a colleague in the course of conversation, when touches are too frequent or if they linger for too long, they can be construed as sexual in nature.
- Unwelcome Sexual Advances. Attempting to kiss or caress a colleague is likely to be considered sexual misconduct.
- Nonconsensual Physical Contact. Any touching that can be construed as sexual in nature based on where on the body it occurs, how long it lingers, and associated verbal cues is arguably sexual misconduct.
- Sexual Assault. This includes forcible attempts to initiate sexual contact, forcible sexual contact, and rape.
- Sexual Misconduct Involving Patients. When patients develop a sexual attraction to a nurse, there is a risk that the patient will accuse the nurse of sexual misconduct. This can happen even where the nurse takes steps to make sure there is no sexual contact with the patient – for example, where the patient is unhappy at having their interest in the nurse ignored and attempts to force themselves on the nurse, then reports the nurse and claims the nurse was the aggressor. There is also the situation where the nurse becomes sexually attracted to the patient and acts on it, with or without the patient's consent.
When it comes to patients, sexual misconduct allegations can come from the patient, their families, or co-workers who become aware of what they believe is an inappropriate sexual relationship between the patient and the nurse. These types of complaints can be difficult to defend against, particularly if the allegations are that the nurse committed sexual misconduct while only the nurse and the patient were in the room.
Other types of sexual misconduct complaints are typically made by co-workers. Here, too, though, if the alleged misconduct took place in a supply closet, locker or changing room, stairwell, or parking area, the accused nurse can find defending against the misconduct allegations difficult (though the growing use of workplace cameras can sometimes help provide video footage of the alleged incident).
At the Lento Law Firm, our Professional License Defense Team knows that, in many cases, sexual misconduct allegations can be difficult to defend against. Our experienced attorneys know how to investigate the claims made against our clients in detail and dig to find evidence that can be used to defend the nurse in their misconduct case. Our goal is to provide the best possible defense for our nursing clients and to protect their license from serious sanctions that can bring their nursing career to a sudden halt.
Your Employer's Duty to Report Sexual Misconduct Complaints to Your Board of Nursing
Not all sexual misconduct complaints against a nurse are made to the Board of Nursing; in some cases, the allegation will be made to the employer's human resources department. But particularly where the sexual misconduct allegation arguably affects patient care, the HR department is almost always going to report the allegation to the BON.
In general, where the alleged sexual misconduct involves a patient, it's almost a given that the complaint will be forwarded to the BON for review. In cases where it involves a co-worker, it may not be (except when it is also reported as a crime).
If you are facing a sexual misconduct complaint, whether one that's filed against you by a co-worker or by a patient, call the Lento Law Firm's Professional License Defense Team. We will review your situation with you, explain what the potential defenses are, what the possible sanctions might be if you are found responsible for the alleged misconduct, and – most importantly – how we can help you protect yourself and your license during this process.
The Disciplinary Process for Sexual Misconduct Complaints
When a complaint is filed against you with your state's Board of Nursing – whether by a colleague, a patient, or a patient's family member – you need the help of an experienced professional license defense attorney as soon as possible. Because people's memories fade or co-workers move on to other jobs and can be hard to track down, the more quickly you have someone on your side helping look into the allegations against you, the more likely it will be that they will be able to uncover facts that can help you defend against them. In these kinds of situations, delaying generally doesn't help.
On top of that, it can be very stressful to find yourself the focus of a BON disciplinary investigation, particularly one that is based on a sexual misconduct allegation made against you. When you have an experienced professional license defense attorney in your corner, you will be able to let them manage much of the defense work that you would otherwise have to do on your own. Your attorney can look into the facts, interview witnesses, help prepare you for your own interview with the BON's investigator, communicate on your behalf with the BON (so you don't have to), negotiate with the BON if and when it's appropriate to do so; and prepare a vigorous defense against the misconduct allegations you're facing.
Imagine having to do all of this while having to deal with everything else that your work and personal life send your way. You deserve experienced legal representation, and the sooner you have it, the better off you'll be.
Who Can File a Sexual Misconduct Complaint Against a Nurse?
Sexual misconduct complaints can come from anyone – anyone who believes they have knowledge about sexual misconduct committed by a nurse. It can be a patient, the patient's family, or a co-worker. But it could also be an acquaintance, someone who believes they've heard that the nurse sexually assaulted someone else. In most cases, however, BON misconduct complaints come from patients, the families of patients, or the nurse's employer. Complaints can be filed anonymously, but doing so can make them very difficult to investigate; as a result, the Board of Nursing will typically encourage people filing complaints to provide their names and allow the names to be disclosed to the accused nurse.
What Happens After a Sexual Misconduct Complaint is Filed With the Board of Nursing?
Every state has its own procedures for that state's Board of Nursing to investigate and determine misconduct allegations. That said, most states follow roughly the same general process. At the Lento Law Firm, our Professional License Defense Team represents nurses from all over the country who have been accused of serious misconduct, including sexual misconduct. We're familiar with the details of each state's procedures and are ready to step in and defend you in your BON misconduct case.
The procedures your state's BON is likely to follow if you've been named in a sexual misconduct complaint are as follows:
- The Initial Evaluation. Not all complaints filed with the BON are for the kinds of misconduct that the BON has the legal jurisdiction to investigate and discipline against. For example, personality clashes that don't involve any patient care issues are not usually acted on by the BON. That's why each complaint made with the BON is reviewed to make sure it's alleging the type of misconduct that the BON can discipline a nurse for. If the complaint alleges that the nurse committed sexual misconduct on the job, the BON will normally then assign it to an investigator.
- The Investigation. Once assigned to an investigator, there will be a period of time when that investigator looks into the allegations made against the nurse. This will typically include interviewing witnesses – including the accused nurse and the person who filed the complaint – as well as other people who may have helpful knowledge about the alleged sexual misconduct. The investigator may subpoena records from the nurse's employer and may seek to get phone messages, videos, photo images, and other files from the nurse's phone and computer. The investigative process can continue for months and, frankly, can be emotionally draining for the accused nurse.
- The Review of the Investigation Results. After the investigator has finished, they'll prepare a report that they will submit to the BON. The BON will use this report to determine whether the nurse should be formally charged with misconduct. When the BON decides there is enough evidence to support a misconduct complaint, it will prepare one and will serve it on the nurse. In cases where there isn't enough evidence to support the allegations, however, the BON may dismiss the matter. In some states, the complaint will also identify the proposed sanction that the BON is seeking to impose on the nurse.
- The Proposed Settlement. Many nurse disciplinary cases settle, with the nurse agreeing that certain facts happened and that, as a result, the BON could impose a certain sanction against the nurse. In many cases, this may be the best way to resolve the matter; in others, particularly where the nurse is represented by an experienced professional license defense attorney, the settlement terms may be negotiated to modify both the facts that the nurse is agreeing to and the penalty imposed by the BON. The Lento Law Firm's Professional License Defense Team has experience with these kinds of negotiations, and we understand the kinds of arguments and evidence that can help our clients and that can make a significant difference in the agreed terms. Our goal is always to negotiate for our clients the fairest settlement terms possible.
- The Hearing. While most BON misconduct cases settle, not all of them do. Those that don't settle will proceed to a hearing. The structure of the hearing will vary from one state to another, but typically, both sides will be able to provide witness testimony and documents in support of their case and to cross-examine witnesses and argue against the introduction evidence proposed by the other side.
- The Ruling. Rulings are almost always in writing and will usually follow the close of the hearing by a few weeks. Where the hearing judge or panel finds in the accused nurse's favor, the ruling will dismiss the case and explain why; if they find against the nurse, the ruling will explain that as well, and in most states, will also determine the sanction that the nurse must face as a result of the outcome.
- The Appeal. If the nurse is sanctioned, the nurse will typically be able to appeal, though on limited grounds.
The entire process, from complaint to the resolution of the complaint, can take months. Working with an experienced professional license defense attorney from day one can make a huge difference in both the outcome of your case and the amount of stress you have to go through as the case makes its way through the various stages described above.
In many cases, the work your attorney does can make all of the difference in the outcome. This is particularly the case where your attorney conducts their own investigation of the allegations made against you. Very often, the BON's investigator will be more focused on finding evidence to support the allegation instead of finding all of the evidence – even the evidence that helps your case. Your professional license defense attorney can search for that evidence, the helpful evidence that the BON's investigator missed.
Your attorney can also help you prepare for your interview with the investigator, make sure you meet all of the deadlines that apply to your case, communicate with the BON on your behalf, negotiate with the BON if a settlement is proposed, and vigorously defend you at any hearing that takes place in your case.
Types of Sanctions for Sexual Misconduct
While there aren't set sanctions for most types of nursing misconduct, when it comes to sexual misconduct, it's very likely that if the nurse is found to have committed the misconduct, they're going to be suspended or possibly lose their license entirely. That's why it's so important to take things seriously when you learn that a sexual misconduct complaint has been made against you. A strong and effective defense can make all of the difference, and your best bet for getting that is to be working with an experienced professional license defense attorney.
The different types of sanctions that nursing boards typically impose for nurse misconduct, in general, include the following:
- Verbal Warnings. While rare in sexual misconduct cases, a verbal warning will sometimes come from the BON and may not even appear on the nurse's record.
- Written Warnings or Admonishments. In these cases, the BON will usually explain why it is warning or admonishing the nurse, and the written document will appear on the nurse's record.
- Suspension With Training. With this type of suspension, the nurse's license is suspended, and the nurse is directed to take one or more courses. Sometimes, the suspension will be “paused,” meaning it won't become effective so long as the nurse takes and completes the required course. In other cases, the suspension will be immediate and won't be lifted until the nurse successfully completes the court. In some cases, the nurse is simply suspended, and no courses are assigned.
- License Revocation. This is, of course, the most serious sanction, and it means the nurse will no longer be allowed to practice as a licensed nurse.
Nursing boards usually have the discretion to impose other types of sanctions; these are the most common types.
Other Consequences of a Sexual Misconduct Finding
Employers are naturally wary of continuing to employ a nurse who has been accused of sexual misconduct. There are many situations where lawsuits are filed against the employer as a result of an alleged incident of sexual misconduct at work. If the employer appears not to have taken steps to discipline or fire the accused nurse, they could be facing additional liability if it's determined that the nurse actually did commit sexual misconduct on the job.
Because of the danger of civil liability, the nurse's employer may conduct its own investigation and fire the nurse well before the BON investigation is complete. This can leave the nurse both unemployed and under investigation by their BON for alleged misconduct, compounding what was a difficult situation to begin with. Your best chance of avoiding this kind of difficult outcome is to be working with an experienced professional license defense attorney who can help you both with your BON and with your employer.
Why You Need the Help of an Experienced Professional License Defense Attorney
When you're facing a serious complaint that you engaged in sexual misconduct against a patient or co-worker, you shouldn't try to defend it yourself. You are far better off working with someone who has done this many times before, who has helped other nurses facing serious misconduct allegations, and who understands how to mount a vigorous and effective defense.
Some of the things a professional license defense attorney can do for you include the following:
- Investigate the allegations on your behalf, looking for helpful evidence that the BON's investigator failed to find
- Prepare you for meetings and interviews with the BON investigator
- Represent you during your interview with the BON investigator; your attorney can help make sure you only answer fair questions that are clear and that you understand, as well as make sure your answers are clear and complete
- Negotiate settlement terms, when appropriate, with your BON
- Defend you at your BON misconduct hearing if your case doesn't settle
- Appeal the decision if the BON rules against you
These and other tasks that are part of a vigorous and effective defense are time-consuming and can be very difficult to take on when you're also trying to live your life and work for a living. Having help from one of the experienced attorneys from the Lento Law Firm Professional License Defense Team can make a huge difference – both in terms of how your case affects your daily life and in the outcome of your case.
The Lento Law Firm's Professional License Defense Team is Ready to Help
If you've been notified by your BON that someone has filed a sexual misconduct complaint against you and that your BON is opening a misconduct proceeding, contact the Lento Law Firm's Professional License Defense Team for help. We have successfully defended nurses and other healthcare professionals against professional misconduct allegations all across the US. Our experienced professional license defense attorney will aggressively fight for your rights and will vigorously defend you against the sexual misconduct allegations made against you.
Your nursing license is the key to your livelihood. Let us help you protect it. Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686, or use our contact link to schedule a confidential consultation with one of our experienced attorneys. We understand how difficult this is for you and are ready to help.
