My school counseling colleague and I were recently having lunch together when she began to tell me about a 15-year-old student she was working with who identified as gay. As she told me about this student she described how strongly her religious beliefs went against everything this boy was talking about.
She said that based on her religious beliefs she felt compelled to counsel the boy "out of being gay." She shared that normally she keeps her religious beliefs out of the school counseling office, but in this case she sees her efforts worth saving this boy.
She also mentioned that the boy's parents are aware of her values and support her decision to proceed in this manner.
- Litigation is real possible outcome of your colleague's actions. According to Lambda Legal Defense and Education Fund, more and more schools are being held liable for the 'hostile climate' of a school. (Williams, 2011)
- The Henkle vs. Gregory (2001) case imposed monetary sanctions on schools that do not provide protection from discrimination for LGBTQ students.
- Discrimination of any type has been against the law since Title VII in 1964 and was reinforced by Title IX in 1972. Schools, and professionals in the schools, that don’t uphold a student’s right to an education without being discriminated against because of their social identification will be held accountable.
(Williams, 2011)
Real Life Example
In Nguon vs. Wolf (2007) it was ruled that a high school does not have the right to reveal a student's sexual orientation without the student's permission. Even though in this case the principal who informed the parents was within his rights, as it was a disciplinary matter, this is seen as an important case in LGBT rights (Stone, 2009).
Ethical Dilemma
Step 2: Apply the ASCA and
ACA Ethical Codes and the Law
(Your Colleague's Responsibilities)
Ethical codes possibly broken by colleague
- Recognize their primary obligation for confidentiality is to the students but balance that obligation with an understanding of parents’/guardians’ legal and inherent rights to be the guiding voice in their children’s lives, especially in value-laden issues. Understand the need to balance students’ ethical rights to make choices, their capacity to give consent or assent and parental or familial legal rights and responsibilities to protect these students and make decisions on their behalf. (ASCA A.2.d)
- Counselors explicitly explain to clients the nature of all services provided. They inform clients about issues such as, but not limited to, the following: the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services; the counselor’s qualifications, credentials, and relevant experience; continuation of services upon the incapacitation or death of a counselor; and other pertinent information. (ACA B.1.a)
Ethical codes broken by colleague
- Each person has the right to be respected, be treated with dignity and have access to a comprehensive school counseling program that advocates for and affirms all students from diverse populations. (ASCA Preamble)
- Respect students’ values, beliefs and cultural background and do not impose the school counselor’s personal values on students or their families. (ASCA A.1.c)
- Counselors are aware of their own values, attitudes, beliefs, and behaviors and avoid imposing values that are inconsistent with counseling goals. (ACA A.4.b)
- Counselors do not condone or engage in discrimination based on age, culture, disability, ethnicity, race, religion/spirituality, gender, gender identity, sexual orientation, marital status/ partnership, language preference, socioeconomic status, or any basis proscribed by law. (ACA C.5)
Future considerations for colleague
- Enhance personal self-awareness, professional effectiveness and ethical practice by regularly attending presentations on ethical decision-making. Effective school counselors will seek supervision when ethical or professional questions arise in their practice. (ASCA E.1.f )
- Monitor and expand personal multicultural and social justice advocacy awareness, knowledge and skills. School counselors strive for exemplary cultural competence by ensuring personal beliefs or values are not imposed on students or other stakeholders. (ASCA E.2.a)
- Develop competencies in how prejudice, power and various forms of oppression, such as ableism, ageism, classism, familyism, genderism, heterosexism, immigrationism, linguicism, racism, religionism and sexism, affect self, students and all stakeholders. (ASCA E.2.b)
- CSJ professionals ... are encouraged to seek continuing education and peer supervision when confronted with unique situations that merit additional knowledge and training in assessment, diagnosis and client vulnerability in these domains. (CSJ B.3.a)
Present considerations for colleague
The STEPS Model
- Make referrals when necessary or appropriate to outside resources for student and/or family support. Appropriate referrals may necessitate informing both parents/guardians and students of applicable resources and making proper plans for transitions with minimal interruption of services. Students retain the right to discontinue the counseling relationship at any time. (ASCA A.5.a)
- Are aware of and utilize related professionals, organizations and other resources to whom the student may be referred. (ASCA C.1.d)
- Are knowledgeable and supportive of their school’s mission, and connect their program to the school’s mission. (ASCA D.1.c)
- CSJ counseling professionals have the ethical responsibility to become aware of personal values, moral beliefs, stereotypes, prejudices, and racist attitudes or behaviors that would prevent them from providing competent and ethical services to clients/students. They are responsible for remediating these barriers, and if unable to do so, to avoid entering into or continuing counseling relationships that could result in client/student harm. (CSJ A.1)
The Law
Step 3: Consider the child’s
developmental stage, beyond
chronological age.
Step 2: Apply the ASCA and
ACA Ethical Codes and the Law
(Your Responsibilities)
- Maslow's Hierarchy of Needs:
- Lack of safety of morality
- Belonging and self-esteem not reached
- Possibility of depression or suicide
- Critical stage of sexuality awareness
- Potential to affect cognitive, emotional and social development
Responsibility to colleague
Primary responsibility to act on behalf of the student
- Treat colleagues with professional respect, courtesy and fairness. (ASCA C.1.b)
- (Counselors) accept the responsibility to promote interest in social justice and diversity issues among colleagues, produce and disseminate scholarship on the impact of oppression on human development, and provide mutual support for colleagues involved in social justice activities. (CSJ E.1)
- CSJ professionals recognize that when they encounter colleagues, who are practicing or teaching from an ethnocentric perspective that has the potential to create harm for clients/students, they have the responsibility to address the concern with the individual and to pursue other avenues if needed to try to assure client/student well being. (CSJ E.1)
- CSJ professionals also work to identify social justice issues and educate other colleagues and professionals in schools, colleges, institutions, and local, national, and international communities as part of their advocacy efforts to eradicate social injustices. (CSJ E.1)
- Have a primary obligation to the students, who are to be treated with dignity and respect as unique individuals. (ASCA A.1.a)
- The primary responsibility of counselors is to respect the dignity and to promote the welfare of clients. (ACA A.1.a)
Responsibility to promote the school counselor’s role and advocate for social justice
Procedure to follow when aware of unethical behavior
- Delineate and promote the school counselor’s role, and function as a student advocate... (ASCA D.1.d )
- Acquire educational, consultation and training experiences to improve awareness, knowledge, skills and effectiveness in working with diverse populations: ethnic/racial status, age, economic status, special needs, ESL or ELL, immigration status, sexual orientation, gender, gender identity/expression, family type, religious/spiritual identity and appearance. (ASCA E.2.c)
- Recognition of historical, social, and cultural oppressions. CSJ professionals recognize the impact of socio-historical and cultural oppressions and the effect they have had on historically oppressed groups. CSJ professionals are sensitive to clients’/students’ context and the current oppressions and exclusions they face in their lives. (CSJ B.2)
- These professionals advocate for these issues in their professional associations, conduct research on acceptable use of psychological tests, and educate other persons in the counseling profession and the communities where they work about the misuse of assessment data and misdiagnoses of historically oppressed groups. (CSJ B.2)
When there exists serious doubts as to the ethical behavior of a colleague(s) the following procedure may serve as a guide:
1. The school counselor should consult confidentially with a professional colleague to discuss the nature of a complaint to see if the professional colleague views the situation as an ethical violation.
2. When feasible, the school counselor should directly approach the colleague whose behavior is in question to discuss the complaint and seek resolution.
3. The school counselor should keep documentation of all the steps taken.
4. If resolution is not forthcoming at the personal level, the school counselor shall utilize the channels established within the school, school district, the state school counseling association and ASCA’s Ethics Committee. (ASCA G.1)
Step 4: Consider the Setting,
Parental Rights, and Minors’ Rights.
- School setting
- Each student has the right to feel safe in the school environment
- Remember that the counselor serves as an agent of the school
- What if the setting is a religious school?
- Parental rights
- Right to suspend counseling services
- Right to have their own beliefs and seek outside services that reflect these beliefs
- Minor's rights
- Each person has the right to receive the information and support needed to move toward self-direction and self-development and affirmation within one’s group identities (ASCA Preamble)
The Dilemma
Step 1: Define the Problem
Emotionally and Intellectually
Emotional reactions:
Intellect reactions:
- Not in the best interest of the student.
- Gut feeling of wrongdoing.
- Counselors must not impose their own values.
- Colleague may think that as the parents are in agreement then she is legally safe, but this is not the case.
- Once aware of the situation you have a responsibility.
- Other counselor is in need of guidance/education.
- Need to consider the consequences on the school climate.
The Facts
- The student is fifteen.
- The student identifies as gay.
- Your colleagues' religious beliefs are affecting her counseling.
- The parents support this decision.
- Your colleague is acting unethically.
- Now that you are aware you also have ethical responsibilities.
Processing: The STEPS Model
Step 5: Apply Moral
Principles
Beneficence: You have a responsibility to promote good ethical practices.
Nonmaleficence: Your colleague is potentially causing harm by imposing her own values. Could create a dangerous precedence.
Justice: Providing equal treatment to all, regardless of sexual orientation.
Loyalty: Primary loyalty to student over colleague.
We are dealing with two big issues: LGBT and colleague infringements.
Pros:
- Makes logical sense
- Comprehensive and detailed
- Considers many angles (emotional, legal etc.) and perspectives (student's, parent's etc.)
- Encourages you to create options
- Gives you the opportunity to learn more about the guidelines and laws
- Beneficial to practice as a group with different perspectives
Cons:
- The consultation comes quite late in the process, consultation should be a constant part of the process
- Potential to be time consuming (though one would probably become faster through practice).
- Not ideal when considering a colleague's behavior
Step 9: Implement
Course of Action
References
- Need to consider the parent's reaction to the chosen decision.
- Potential to follow-up with your colleague and promote professional development.
- If the student is transferred to you for counseling services then you must provide the support the child needs.
- Make sure school staff understand student rights.
- If the parents come to you and ask for information for outside counseling services that reflect their religions views and administer 'conversion therapy' do you assist them?
Step 6: Determine your
potential courses of action and
their consequences.
Course of action (1)
Course of action (2)
1. Discuss the situation with your colleague and make sure she is aware of the ethical standards and the possible consequences of her actions. Document this discussion.
2. Your colleague disagrees that her actions are unethical as she believes they are in the best interest of the student.
3. Bring the situation to the attention of the relevant authorities, depending on school district. Director of Student Services would be a possible first contact to initiate this process.
Pros: Administration and authorities are aware of the situation. Could prevent the colleague making future unethical decisions.
Cons: Negative effect on relationship with colleague. Parents could still withdraw their child from services.
1. Discuss the situation with your colleague and make sure she is aware of the ethical standards and the possible consequences of her actions. Document this discussion.
2. Your colleague works with the administration, student, and parents to find an alternative counselor within the school system.
Pros: Situation is resolved and the student begins to receive ethically appropriate services.
Cons: The parents could withdraw their child from counseling services. Change of counselor could have a negative effect on the student.
Step 8: Consult
American Counseling Association (2005). ACA code of
ethics. Retrieved from www.counseling.org
American School Counselor Association (2010). Ethical
standards for school counselors. Retrieved from www.schoolcounselor.org
Counselors for Social Justice (2011). The counselors for
social justice (CSJ) code of ethics. Journal for Social Action in Counseling and Psychology, 3(2), 1-21. Retrieved from www.psysr.org
Williams, R. (2011). The duty to address personal bias.
ASCA school counselor. Retrieved from www.ascaschoolcounselor.org
Future action (irrelevant of course taken)
Promote further education for all school personnel on social justice issues, in particular LGBT issues, and the ethical responsibilities involved.
Step 7: Evaluate
the Selected Action
- Third party colleague - confirm your concerns.
- Director of Student Services - discuss possible courses of action and their potential effects on the student.
- School legal department - establish school guidelines and procedures.
- ASCA ethical representative - particularly if the colleague sees her own behavior as ethical.
- Suggest that your colleague pursues consultation including Liability Insurance Consultant.
- In this case the colleague determines which course of action is followed.
- For this reason we need to evaluate both possible reactions by the colleague.
- When evaluating the decision we need to keep child as primary concern not the relationship with the colleague.