A Sioux Falls counselor accused of having an affair with his client's wife has had his license revoked.
The South Dakota Board of Examiners for Counselors and Marriage and Family Therapists revoked Andre Clayborne's license last month, nearly two years after Clayborne was sued for having the affair.
In September 2010, Clayborne was sued by Scott Reisenweber. Reisenweber and his wife, Ruth, went to Clayborne for marriage counseling.
According to the lawsuit, Ruth and Clayborne began having an affair and Scott sued not only the therapist but also the clinic Clayborne worked for, Great Plains Psychological Services.
Last week, a judge has denied the motion by Great Plains to be removed from the lawsuit.
Great Plains Psychological asked to be removed from the lawsuit saying it did not know Clayborne was intimately involved with a client.
Clayborne was the co-owner of the firm when the Reisenwebers started seeing Clayborne for marriage counseling in 2006.
According to court documents, Great Plains Psychological did not have a business model that required its counselors to supervise each other. The documents also claim the relationship between Ruth and Clayborne developed after she stopped counseling with Clayborne in the summer of 2009. Her husband continued sessions with a different counselor.
Attorneys for Scott argued that Great Plains Psychological should still be part of the lawsuit because when the affair between his wife and Clayborne began, he was still a patient of the firm and a psychologist has a duty not to engage in actions that could be harmful to patients.
Court documents argue that the therapist Scott was seeing at the time the affair began was Clayborne's intern who was reporting back to Clayborne.
Scott's attorneys also argue that even though Great Plains had no formal structure to report suspicious activity and made no attempt to supervise the therapists, it did have a duty to keep tabs on Clayborne because it's 'commonly recognized' that inappropriate intimate relationships can develop between therapists and clients.
Last week, Judge Stuart Tiede sided with Scott's attorney and denied Great Plains Psychological's motion to be dropped from the lawsuit.
Clayborne was asked to leave Great Plains Psychological shortly after the lawsuit was filed in 2010.
He started his own counseling service until his license was revoked last month on May 18, 2012.