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    Kentucky Board of Licensures for Massage Therapy complaint and investigation

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    Kentucky Board of Licensures for Massage Therapy complaint and investigation

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    146 просмотров31 страница

    Complaint and Investigation

    Загружено:

    WHAS11 News
    Kentucky Board of Licensures for Massage Therapy complaint and investigation

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    © All Rights Reserved
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    KENTUCKY BOARD OF LICENSURE FOR MASSAGE THERAPY P.O. Box 1380, Frankton, Kentucky 40802 ~ 911 Leawood Drive, Frankfort, Kentucky 40801 (602) 564.3286, ~ hilp/bmt kv ov FORM TO FILE A COMPLAINT BRIEF SUMMARY OF COMPLAINT Please be specific as possible regarding names, dates, locations, and action which you believe tobe improper. ‘unethical or unprofessional. Please atach copies of any documents of records pertinent to your complaint 2048 S. Hurstbourne Pkwy, Louisville, Ky 40220, 502-992-0704 Perpetrator: Collm (Last name unknown) Employee of Massage Envy J-Town |On this date, my client [course of the massage, massous surrounding private aro, /Assistant Manager of Massag. fasthame unkni ved to be the Manager jof Massago Envy J-Town). During the course of calls fated thet Colin admitted | foto sexual saaeut ana his omploymont wi as nin : caoat | roves coli last mame cling privacy conseraaa i enyone at a pores fra employen cols, sexuet aca ure tor ee aaa dorigned wit any Questions orveguanta fore lconferance with Frederick M, Reinecke lattornay at Law lLomme Law Offices, Is12948-1234 lat W. Firat Street [Now Albany, IN 47180 | 1223 B. Delania Drive | Mt. Washington, KY 40047 | 92010 panier’ Kentucky KENTUCKY BOARD OF LICENSURE FOR MASSAGE THERAPY P.0. Box 1360, Frankton, Kentucky 40602 ~ 911 Leawood Drive, Frankfort, Kentucky 40601 (602) 564-3298, ~ _hilp Upmt ky gow FORM TO FILE A COMPLAINT CERTIFICATION | erty thatthe information provides on tus form as eubmiies to the Kentucky Soard of Licensure for Massage ‘Tnerapy fs ue and corect nt analy jf Case Ni ‘Tet Ueense o9r2010 CH | craic HENRY May 23, 2016 Denise Logsdon, Board Chair Kentucky Board of Licensure for Massage Therapy P.O. Box 1360 Frankfort, KY 40602 RE: Colin Stephenson, Agency Complaint No. 2016-2 Dear Ms, Logsdon: Craig Henry PLC is pleased to represent Colin Stephenson with respect to the complaint that has been lodged against him. Mr. Stephenson denfes that he sexually assaulted the Complainant and denies that he admitted to any such assault. After reviewing Mr. Stephenson's response to the allegations, we ask that you dismiss the complaint. Mr. Stephenson earned his massage therapy license in June 2013 and accepted a position at Massage Envy. He was employed at Massage Envy from 2013 until his termination in December 2015. In over two years, he performed massages on more than 2000 clients. QEEEINNEIcomplaint is the first and only complaint that he behaved inappropriately in any way, In early December 2015, MEER came to Massage Envy for a massage, which Mr. Stephenson was assigned to perform. Mr. Stephenson engaged in conversation +h MMM ic o and during the massage. ‘Throughout the massage, she said that he was doing a good job an¢ that she was enjoying it. While massaging her upper thigh, she made the statement that he was “getting a litle close.” Mr. Stephenson understood that she meant he was too close to her labia although she did not so state, He apologized and moved further down her leg. Mr. Stephenson massaged other leg and both arms after this brief verbal exchange. Sill WR tare row much she enjoyed the massage and a commented that his efforts released tension in one of her arms. did not stop the massage, did not voice a complaint to Mr. Stephenson and even made positive comments about her experience after the exchange in question. Hipwevee, ate en istng Wie Gill pias) MB a Massage Envy manager that Mr. Stephenson had brushed up agamsther fabia. Massage Envy investigated the complaint by meeting with Mr. Stephenson. He explained thet i MMMM shots ths caaimnenrctae dernc tne massage and that he responded ‘ving further down her leg, Massage Envy management met again with Js 239 South Filh Street, Suite 1400 + Louisvile. Kentucky 40202 + 502.614.5962 + www craighenryiaw.com CH | craic HENRY Ms. Denise Logsdon May 23, 2016 Page 2 who changed her story to now allege that Mr. Stephenson touched her inappropriately more than once during the massage. Massage Envy managers met again with Mr. Stephenson and explained that they believed any contact to have been accidental, but a were going to terminate his employment because they feared legal action by IM Itis notable that III riginal complaint was that Mr. Stephenson brushed against her; her second complaint was that le touched her more than once and her complaint to the Board is that he sexually assaulted her. The charges are more and more egregious with each retelling, It is also notable that waited almost two months to file a complaint with the Board, KRS 309.362 permits suspension or revocation of a license when the massage therapist has engaged in unprofessional conduet. ‘The only potentially applicable definition of unprofessional conduct as set forth in the statute appears to be the prohibition on sexual contact with a client as defined by KRS 510.010(7) or attempting to engage in lewd or immoral conduct with a client. Mr. Stephenson did not have sexual contact as defined by the statute. KRS 510.010(7) defines sexual contact as contact with intimate parts of the body “for the purpose of gratifying the sexual desire of either party.” If Mr. Stephenson made incidental contact with an intimate part of Mid it is clear that the contact was not intended to fulfill a sexual desire. t, there is no violation. Moreover, his conduct was not lewd or immoral. It was, at worst, accidental, Again, absent intent there can be no violation. Because Mr. Stephenson has not violated the professional standards of massage therapy, we ask that this complaint be dismissed. Sincerely, REPORT OF INVESTIGATION By Scanlan Associates, For KENTUCKY BOARD OF LICENSURE for MASSAGE THERAPY DATE OF REPOR’ September 26, 2016 CASE NUMBER: 2016-02 COMPLAINANTS): —, RESPONDENT(S): fin Stephenson ATTORNEYS: ro Frederick M. Reinecke Lemme Law Offices 812-944-1234 413 West First Street New Albany, IN 47150 For Mr. Stephenson Michele Henry 502-614-5962 mhenry@craighenrylaw.com 239 South 5* Street, Suite 1400 Louisville, KY 40202 ‘SYNOPSIS: In February, 2016, the KBLMT received a complaint from [INI through counsel) claiming that on December 5. 2015, she received a massage at Massage Envy, South Hurstbourne Parkway, Louisville, Kentucky. The massage was provided by LMT Colin Stephenson. During the mssS23¢, IMMMcses that Stephenson “caressed ila HERR b's ane surrounding porate en Trroueh his counsel Stephenson responded that ding the sage MM Sil that while he was massaging her upper thigh, “he was getting a litte close". He goes on to say that he apologized and moved further down her leg. Mr. Stephenson's response goes on to state ‘that he has not violated the professional standards of massage therapy XHIB) 1. Contents of the Massage Envy filc on the subject incident which includes: “Colin's Account” and “Client's Account written bY (An email dated December 10, 2015 is included in the exhibit. That email also shows the date April 29, 2016 which is the date it was printed out by the Massage Envy owner at Investigator Scanlan’s request) 1, On April 29, 2016, Investigator Scanlan interview! vwner of Massaxe Envy, 2048 South Hurstbome Parkway, Louisville, Kem as aware of the incident that precipitated the subject complaint however; she ve any firsthand knowledge. She did provide Investigator Scanlan with her office's file on the incident that is attached to this report as Exhibit #1 2. On June 23, 2016, Investigator Scantan interviewed the complainant under oath at Mr. Reinecke’s office with him present, During that interview made the following statements: a, That the December 5, 2016, the massage she received from LMT Stephenson was the first massage session she had with him. She did not make an appointment with him specifically but rather called Massage Envy for an appointment and they assigned her to Stephenson, b, That at the beginning of the massage Stephenson talked to her asking what areas she ‘wanted him to concentrate on during the massage. He left the room and she disrobed and put on a sheet, her returned to the room and began massaging her back. He then began on her legs massaging upwards until his hand reached he pelvic floor. She did not say anything thinking it ‘might have been a mistake and she was mentally processing what had happened. Stephenson then began on her left leg and the same thing happened, ¢ She then rolled over as was typical in most massages she’s had. He went to right leg and when he was going up his fingers on his right hand brushed across her pubie hair. He had gone back down the leg she was caught off guard the second time his fingers went under the sheer and touched her labia, At that point she grabbed herself down there and she said “you're getting t00 close and he apologized. He went to the left leg and did not go too high. He then massaged her right arm, her neck and shoulders and that was the end of the session. He said hhe'd wait for her outside. She did tip him, she customarily tips people who give her a massage and he did help with her neck and shoulders, 4. That the massage felt like he started to go too high on her legs and that over the massage he kept going higher. Also, that she had no doubt that he touched her labia on purpose because of its distance from the thigh and that he put his fingers under the drape which he was not supposed to do. That she said “absolutely not” when asked (as a medical professional) if there was any possible legitimate reason for Stephenson putting his hand that high and under the drape, NOTE: [III as then shown Stephenson's response to her complaint (submitted by his anomey) and asked about is contents, In ep she made te folowing seremesas e. Afier her massage she spoke tothe gid who took the oo the Massage Envy manager, called her the same day, apologized and off¢ tera tree sage. ‘She went back to Massage Envy on December 8” and had a massage from a female LMT. She le RII message sa = aa. see hawupsct she Bc comforting and supportive. INH continued and said she fell apart and cried in the office. f. That she was very upsct on December S* after she got home she fell apart and took 8 shower to try to nub the massage away. She felt violated and dirty. She locked herself in her apartment and did not come out for two | g. That she confided in her sists ver the phone that same day. Also, that when she went work, ‘hospital chaplain. She also spoke to two co- viorke: [She had previously told them that her back was bothering her and she was going to get a massage to hopefully relieve back pain. When she ‘came back to work she was asked if she felt better. In answering the question she went on to tell them of the incident in some detail 3. On July 6, 2016, Investigator Scanlan interviewed Colin Stephenson at his attorney's office with his attorney present. Through counsel Mr. Stephenson declined to take an oath. During, that interview Mr. Stephenson made the following statements: 1a. That he is not currently working as an LMT but he intends to renew his license before it expires in 2017 b, That be began working as an LMT a Massage Envy pproximately3 years ago. 3 dit During that time he has not been the subject of any clients’ complaints. * ¢. That after reading the document in Exhibit #1, "Colin's Account”, he said that he wrote the document and thet it was true. 4. That when asked about the complainant being crooked on the table, having her legs continually falling off the table (Colin's Account) but still being relaxed; he maintained that that had been the case. Also, that it was (only?) a 5 minute time frame that he was working om that leg. Further, he did do a deep glide on her leg and his hand did go to her “private parts” and that he was wrong to have done so. He immediately apologized and continued the massege. it when asked about the document for Exhibit #1, “Client's Account Written by disagreed with its contents maintaining that he only touched the complainant’ s private parts” once. 4. On July 18, Investigator Scanlan served a subpoena (co-owner of Massage jouth Hurstbome Parkway, Louisville, Kentuck¥. That subpoena, ‘compell produce the names and contact information for clients of LMT Colin Stephenson (NOTE! THe KDLMT bad suthorzed investigator Sealan lo contact past clients of LMT Stephenson in the guise of conducting a survey of the Massage Envy studio. This investigative technique had been used in similar cases with the goal of obiaining relevant information from past clients without revealing the allegation of mampappraie comact) I was agreed the records could be limited to calendar yess l= robles in complying with the subpoena due to their not having pape! ld enable on simply pl the fles of «particular LMT"s clients. Rater, tht her employers hate query a fairoll dia base to seperate ou the people to wher LMT Stephenson povided masseee therapy. The requested records were supplied to Investigator Scanlan on August 3, 2016. After reviewing the records Investigator Scanlan selected a reprodeiltive sample of tO female clients ‘ho had been asigned by Massage Envy 10 LMT Sipkenaon nvestgtor Scanlan eleghened 7 of those clients and left messages identifying himself and advising that he was Conducting an audit of Massage Envy, Jeffersontown and had several questions regarding their experience at that spa, Only two clients retumed his call. Each was asked the fotlowing questions: a, Was the facility clean and appear professional? b. Was the equipment in the studio sufficient for massage therapy? c. Prior to the session, did your massage therapist discuss with you the areas of the body that would be treated? 4d, Daring the session, did your massage therapist conduct themselves professionally? . During the session, did your massage therapist stay within your preferred comfort vone? £, Do you feel you benefitted from the massage therapy sessi 2. Do you think you would continue to eceive massage therapy? Both clients answered “yes” to every question except that one client said she didn’t recall if the ‘therapist discussed the areas of the body that would be treated. The survey technique was problematic in that LMT Stephenson left Massage Envy in December, 2015, Thus, questions were being asked of clients about an experience they had more than half a year previously. Both of the clients did say that it was hard to recall specifics from that long ago. This issue was discussed with the Complaint Committee and it was agreed to forego contacting other clients. 5. On July 21,2016, lnvestigator Scanlan interviewel EEN y ctephor as advised inthe most general ler that Searlan was investigate . ad made oguinst a massage heap had told her anything abou he alleged incident regarding and incident and then in response 1o que statements: made the following, a, That she worked as an FR nurse with 5, That several mh gs been having problems wth sin n her back sn said that she was going to gota massage to help with her back ©, That she received a text from which said something along the lines of “remind me to tell you Monday what happened” (That Monday would have been December 7, 2016), and she felt violated reco te cient sly ad appeared ob obviously upset. Usually displayed a lighthearted personality but at least Oma day and the next she was way OTT emotionally. €, That later she sa IB xing riginally thought she was upset aver a very sick patent P15 eo a en to the hospital chaplain about the massage therapy ifetfent ahd that she was sill very upset. Further. that around this time they had a few follow-up questions and Baid she did not know what to do about the incident but she did feit a responsibility because she dida’t want it to happen to anyone else. ~~ 6 grees ao i5- avestigatar Sena atervtew Nl Jy welephone, 4. Pa he next ine sh UMM ea sh aa very ba experience with her ~ therapist said that he had touched her inappropriately snplaint KIRIN ad made against a massage therapi askea| f oe Set rng sad lan ted hen rons og jmade the following, ‘That she worked as a nurse with IMIIEsome time a0; HEPaad been suffering muscle soreness and muscle tension in her back and had planned to get a massage in hopes that it would relieve her back problems. That sometime after that she had one conversation with {EM in which (NEI said the m: therapist went too high to her crotch and that she told him aot to go that high, ‘Aer told him that he went high on her leg again and actually touched her labia. IB went on to (cll her that she was very upset over the incident and she felt dirty and violated. 7. Om August 29, 2016, Investigaoe Scanlan ineviewed IS is, > telephone. She ds I: :cephone nomber is Mm os so csctscaness Tea rss ec noe mao seated hnd that upset her very much. "He phone call was on the same day that IH had the massage or possibly the day after. °c, That she couldn't remember the entire conversation but she TB: the man rue performing the massage touched her in her private area and then spologiz he did i agein, told her she advised the people working atthe spe of the incident. at later, MIMI] visited her and talked about the incident with her again. vas sill very upset and ering, she tof AMNMat She fet dsty because of what happened . That did not send her any a or text that detailed the incident. 8. On September 8, 2016, Investigator Scanlan incrion former manager ofthe Jeffersontown Massage Envy and since March of 201Feshe has been the manager of the Springhurst Massage Envy. Dorig thet intr MMMM ade the following statements: a. That her email adéress ‘5 TRA ner business telephone — number is bb. That she was the manager (not an LMT) of the Jeffersontown Massage Envy in late led thé old her that she had asked. how her massage Nad been and = mPTt would have been good except that the LMT went too high on her leg and ied her labia and vaginal h c. On that same date she called During that conversation she was startled by the language (IMM) used when she said Stephenson had touched her labia, Board Counsel John Marcus Jones wage s Cheng tale yt

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