Board of Psychology holds petition hearing for psychologist seeking early termination of probation

The California Board of Psychology on Feb. 27 heard a petition by William Brito, PhD, requesting early termination of a probationary term tied to criminal convictions from the early 1980s and a stipulated settlement he entered years ago.

An administrative law judge, Sean Gavin of the Office of Administrative Hearings, presided. The Office of the Attorney General was represented by Deputy Attorney General Matthew Fleming; counsel for the petitioner appeared as well. The hearing opened at 10:05 a.m. with the judge and hearing officers confirming exhibits and quorum of board members.

Why it matters: The petition asks the board to remove professional restrictions imposed after a long-ago criminal history. The board must weigh public protection against evidence of rehabilitation and decades of subsequent practice in other jurisdictions.

From the state: DAG Matthew Fleming summarized the licensing and disciplinary history and told the board he had concerns about whether the petitioner had supplied “clear and convincing evidence” of rehabilitation. Fleming pointed to gaps in the record the board relied on in a previous denial and emphasized the board’s published guidelines for lifting terms of probation.

From the petitioner: In testimony, Dr. Brito acknowledged the underlying conduct and told the panel, “I was not trying to hide anything. I’ve, you know, take full responsibility for the crimes,” and described decades of therapy, stable family life and a long practice history outside California. He said he completed terms of supervision and paid cost recovery and submitted letters of support. Brito described his work in Washington, D.C., and said he has worked with trauma-exposed populations for many years.

Witness testimony: The petitioner called Marilee Aronson, PhD, as a witness. Aronson — who described a personal and professional relationship with Brito — told the board she had known him about 12 years and said she has “no question about his rehabilitation whatsoever.” Aronson described Brito as a respected clinician who works with traumatised clients and has referred clients and conferred professionally with peers.

Procedural rulings and exhibits: The parties exchanged and sought admission of numerous exhibits, including the original stipulated settlement and probation documents, a 2021 denial of an earlier early-termination request, probation compliance reports, letters of support and submitted curriculum vitae. The board admitted exhibits 1 through 9 after an objection to exhibit 5 was overruled; additional updated letters and CVs were also accepted as exhibits during the hearing. The judge granted a motion to exclude witnesses from the hearing room until called. The judge announced that two items (exhibits numbered 8 and 9 in the hearing binder) would be subject to a protective order and directed redaction or restricted filing as needed.

Board role and next steps: Board members took no public vote at the hearing. After closing arguments by the parties — the state opposing early termination and the petitioner’s counsel urging release based on rehabilitation and the passage of time — the judge declared the matter submitted to the board. The board then moved into closed session to deliberate under the Government Code provision for disciplinary matters. No final decision was announced in open session during the meeting transcript.

What the record shows: The hearing record includes the original criminal convictions from 1980 and 1983 that led to the statement of issues, a stipulated settlement and a five-year probationary term. Brito testified he later obtained licensure in Washington, D.C., and practiced there for more than a decade without discipline; he also provided evidence of continued therapy and community work and said he had a certificate of rehabilitation. The state noted Brito reoffended while on parole years ago and emphasized that the board’s early-termination guidelines call for a thorough showing of current rehabilitation.

The board will consider the hearing record and voted motions in closed session; it stated the matter was submitted and closed the hearing record for final action by the board. The board also issued a protective order limiting public access to certain probation file exhibits.

Provenance: The petition hearing was opened on the record by Judge Sean Gavin at 10:05 a.m.; the hearing record was later submitted and the matter closed for deliberation in closed session.