Responding to Ethical and Legal IssuesFor this assignment, complete the following:Choose and view one of the case studies from the presentation Responding to Ethical and Legal Issues – Case Study in this unit’s study that is most relevant for the type of work you will be doing as a professional counselor.Compare and contrast two ethical decision-making models. To aid in selection, first review: pages 14-17 of the Ethical, Legal, and Professional Issues in Counseling textbook and the readings included in the course from this unit. You can also choose an ethical decision making model from another current peer-reviewed article from a professional counseling journal of your choice. Some examples include: A Practitioner’s Guide to Ethical Decision Making (Forester-Miller & Davis, 1996; Intercultural Model (Luke, Goodrich, & Gilbride, 2013); and the Social Constructivist Model (Cottone, 2001). Analyze the effectiveness of these models and provide an example of how they might be used to resolve legal or ethical dilemmas when working with students or clients from diverse backgrounds.Apply your chosen decision-making model to the case you reviewed. If you were the counselor working with this case, discuss how you would apply each step of the ethical decision-making model you have selected to respond effectively to these legal and ethical issues.Include specific examples to illustrate the actions you would take at each step.Include the specific ethical standards and state laws that you would consult when determining your response to the situation. How would these laws and standards influence the choices you might make in responding to the situation?Describe how you would demonstrate developmental and cultural sensitivity when addressing the legal and ethical issues presented. Use specific examples to illustrate your ideas.Explain how your personal values and beliefs impact your understanding of the situation and the choices you might make when deciding how to respond to the legal and ethical issues that may arise in working with this client or student.Include at least two examples of specific values and beliefs you hold that may influence your reactions to this case and the actions you may take.Present at least two specific strategies that you will develop to address the influence that your personal values and beliefs may have on ethical decision making with clients or students.Submission RequirementsYour paper should meet the following requirements:Written communication: Develop accurate written communication and thoughts that convey the overall goals of the assignment and do not detract from the overall message. Your paper should demonstrate graduate-level writing skills.References: Your reference list must include at least six sources. You must use APA sixth edition style to list your references. Refer to the iGuide page APA Style and Format for more information.Number of pages: The length of your paper should be 8–10 double-spaced pages. Note: Page count does not include cover page or references.Formatting: Use APA sixth edition formatting, including correct in-text citations, proper punctuation, double-spacing throughout, proper headings and subheadings, no skipped lines before headings and subheadings, proper paragraph and block indentation, no bolding, and no bullets. Refer to the iGuide page APA Style and Format for more information.You are required to submit your final version of this paper to Turnitin to generate a final report prior to submitting the assignment for grading. From the Turnitin tool, first submit to the draft link to check your work for any necessary edits. Once the paper is finalized and all edits have been made, submit your final paper to the Final report option for the assignment. Please be advised it can take up to a day to obtain the percentage from Turnitin. When your paper is downloaded and viewable in Turnitin, save the originality report. Refer to the Turnitin Tutorial: Viewing Originality Reports (linked in the resources) for guidance.
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The current ACA Code of Ethics, adopted in 2014, is the seventh version of the ethics code
established by ACA and its predecessor organizations. Development of the first code was
initiated in 1953 by Donald Super, then president of the newly formed American Personnel
and Guidance Association (APGA). The code was adopted in 1961. It was revised in 1974
and has been revised approximately every 7 to 10 years since that time. The current code is
the result of a lengthy revision process that began in 2011, when a code revision task force
was appointed to revise the 2005 code that was then in effect (Francis, 2015).
As you learn about ethical standards that you will be expected to uphold, keep in mind that
codes of ethics are living documents that change over time. They are periodically revised as
the profession’s knowledge base grows and as consensus emerges about new and
controversial ethical issues. Although the fundamental ethical principles do not change,
new questions are constantly arising as to how to apply them in a changing world of
counseling practice. For instance, when computer technologies first became widely
available, ethical concerns centered around the security of client information stored on
computers. Later, as Internet usage burgeoned, many questions arose around the ethics of
Internet counseling. Today, the popularity of social media has raised new issues, such as
whether counselors should “friend” clients, former clients, or supervisees. These
developments led to the creation of a separate section on distance counseling, technology,
and social media (ACA, 2014, §H) that reflects current issues when counselors use
electronic means to provide services, store records, advertise their services, and
communicate with clients (Francis, 2015).
It is also important to keep in mind that historically, counseling has not been a unified
profession. Codes of ethics have proliferated as various specialty groups within counseling
(Jordan, 2001a; Kelly, 2001), certification bodies, and state licensure boards have
developed their own ethical standards. When you are established in your own professional
practice, it is likely that you will hold multiple affiliations and will be bound to know and
adhere to multiple codes. For instance, you might be a member of ACA and several of its
divisions that have published specialty guidelines, be a National Certified Counselor
(NCC), and be licensed as a counselor in your state. Holding each of these credentials will
require you to abide by its particular code of ethics. The existence of multiple codes of
ethics has created difficulties in enforcement, confusion for consumers of counseling
services, and confusion for counseling professionals themselves (Herlihy & Remley, 1995).
Efforts are being made by various organizations to bring standards into alignment, but until
a single, universally accepted code of ethics for the counseling profession is established,
you will need to be knowledgeable about all the codes of ethics that pertain to your
practice.
Ethical Decision Making
Ethical decisions are rarely easy to arrive at, and dilemmas can be very complex. When
counselors encounter ethical dilemmas, “they are expected to engage in a carefully
considered ethical decision-making process” and use a “credible model of decision making
that can bear public scrutiny of its application” (ACA, 2014, Purpose). Although no
particular decision-making model has been shown to be universally effective or applicable,
a number of models do exist, and we briefly review them here for your consideration.
One of the earliest models was A Practitioner’s Guide to Ethical Decision Making
(Forester-Miller & Davis, 1996). This guide presented a practical, sequential, seven-step
model (Herlihy & Corey, 1996) that was based on the moral principles already discussed in
this chapter. Over a decade later, Koocher and Keith-Spiegel (2008) presented a nine-step
model that took a similar, logical, and primarily cognitive approach to ethical decision
making. The assumption inherent in these models, that the goal of ethical decision making
is to minimize subjectivity (Woody, 2013), has been challenged by some writers,
particularly those with a feminist orientation (Hill, Glaser, & Harden, 1995; Meara et al.,
1996; Rave & Larsen, 1995). Feminists have cautioned that traditional ethical decisionmaking models represent the information processing style of White males, in that they are
linear, logical, rational, dispassionate, abstract, and paternalistic. Feminists have suggested
that ethical decision making that is also holistic, intuitive, emotional, compassionate,
personal and contextual, and mutual may be more inclusive of other processing styles and
more culturally appropriate. Feminist theorists have emphasized the importance of
remembering that ethical decision making does not occur solely within the mind of the
professional. Walden (2015) urged including the client in the process, noting that clients
are empowered when counselors make ethical decisions with them rather than for them.
Early models were also criticized for neglecting to consider multicultural issues. Garcia,
Cartwright, Winston, and Borzuchowska (2003) offered a transcultural integrative model as
being more appropriate when working with clients from diverse cultural backgrounds.
They incorporated virtue ethics (already described in this chapter), along with the feminist
concepts of reflecting on one’s own feelings and balancing the perspectives of all involved.
They suggested that a vital component, to be included early in the decision-making process,
is for counselors to reflect on their own world views and how these affect their
interpretation of the ethical dilemma. Frame and Williams (2005) presented a culturally
sensitive ethical decision-making model that, like the feminist models, was based in an
ethic of care and a consideration of power dynamics. To increase multicultural sensitivity,
they added the element of assessing acculturation and racial identity development of the
counselor and client. Finally, Herlihy and Watson (2006) offered a model based in a social
justice perspective that puts multicultural competence at the core of the ethical reasoning
process. The model is grounded in virtue ethics, cultural identity development, and
collaborative decision making.
Cottone (2001) proposed a social constructivist model. Social constructivism is a relatively
recent movement in the mental health field and purports that a person cannot know reality
through individual contemplation because reality does not exist as objective fact. Rather,
reality is socially constructed through interactions with others. Social constructivists see
ethical decision making not as a process that occurs in the mind of the decision maker but
as a process that is always made in interaction with at least one other person and that
involves negotiating and consensualizing (Cottone, 2001).
A recent trend in ethical decision-making models seems to be the development of
specialized models that are focused on counseling specific populations or on particular
ethical issues (Deroche, Eckart, Lott, Park, & Raddler, 2015). Models have been offered for
managing boundary issues (Herlihy & Corey, 2015b), resolving value conflicts (Kocet &
Herlihy, 2014), integrating spirituality and religion into counseling (Barnett & Johnson,
2011), treating eating disorders (Matusek & O’Dougherty, 2010), school counseling (Luke,
Goodrich, & Gilbride, 2013), and practicing play therapy (Seymour & Rubin, 2006).
There is much to be learned from each of these models, and we do not endorse any one
particular model as being the right one for everyone. Instead, what follows is a description
of steps that many of the models seem to have in common. We have tried to incorporate
lessons that can be learned from principle and virtue ethics, feminist and multicultural
ethics, social constructivism, and specialty models. We caution you to keep in mind that a
listing of steps portrays ethical decision making as a linear progression, when in reality
counselors rarely follow a set sequence of steps to resolve an ethical dilemma. In practice,
numerous aspects of ethical decision making occur simultaneously in a dynamic process
(Woody, 2013).
Identify and define the problem. Before deciding what action to take when faced
with a dilemma, “determine whether the matter truly involves ethics” (Koocher & KeithSpiegel, 2008, p. 21) or is actually a legal or clinical issue. If a legal issue is involved,
consult with an attorney. If you have a clinical issue, consult with your supervisor or a
trusted colleague. If, indeed, you have an ethical dilemma, it is prudent to take time to
reflect and gather information. Although you may feel some sense of urgency, rarely will
decisions that have ethical dimensions have to be made immediately. Take time to
consider what you know (or what you can find out) about the situation, applicable ethical
guidelines, and any laws that might be relevant. Try to examine the problem from several
perspectives and avoid searching for simplistic solutions.
Involve your client in the decision-making process. This is not a separate step in
ethical decision making; rather, it should occur throughout the process. Walden (2015)
reminded counselors that the client is an integral part of the ethical community of the
counseling relationship. Including clients in the process both empowers them and is
culturally appropriate practice. We can think of very few situations that would preclude
making the client an active partner in decisions affecting that client.
Review relevant codes of ethics and the professional literature. Examine the
codes of ethics of the professional organizations to which you belong (as well as the
ethical standards of your state licensing board if you are licensed as a counselor), to see if
your issue is addressed in them. Be sure to read the codes carefully, as there may be
several standards that pertain to different aspects of the dilemma. Also, read the recent
literature on the issue at hand. This will help to ensure that you are using the most up-todate professional knowledge on the issue (Herlihy & Corey, 2015a).
Consider the principles and virtues. Reflect on how the moral principles apply to
the problem. Identify ways that they compete with each other, and rank them in order of
their priority in this situation. Consider how virtue ethics might apply in the situation as
well. Rather than focus exclusively on what you need to do in the situation, also consider
who you want to be and how any possible action might affect your sense of moral
selfhood.
Tune in to your feelings. Virtue ethicists believe that emotion informs judgment.
Your feelings will influence how you interpret the dilemma, so it is important to consider
what emotions you are experiencing as you contemplate the situation and your possible
actions. To what extent are you being influenced, for instance, by emotions such as fear,
self-doubt, or an overwhelming sense of responsibility? Being aware of your emotions,
beliefs, values, and motivations can help guide you in your decision making.
Consult with colleagues or experts. Decisions made in isolation are rarely as
sound as decisions made in consultation. Corey et al. (2015) have pointed out that poor
ethical decision making often stems from our inability to view a situation objectively
because we are emotionally invested in it or because our prejudices, values, or emotional
needs are clouding our judgment. In addition, consultation would serve as an important
element of your defense in court if your decision were challenged legally (Wheeler &
Bertram, 2012).
Consider the context. Keep in mind that your worldview will affect how you
interpret the dilemma, and that the client’s worldview and culture may differ from your
own. The resolution that is chosen for the dilemma must feel right not only to you but
must also be appropriate for the client. It is also important to remember that decisions
occur in a context. Therefore, it is useful to reflect on the potential ramifications of a
decision for the client’s family members, the community, and other professionals.
Identify desired outcomes and consider possible actions to achieve the
outcomes. Even after thoughtful consideration, a single desired outcome rarely emerges
in an ethical dilemma. There may be a number of outcomes you would hope to see
achieved in a situation. Consider possible actions that you could take to achieve the
desired outcomes. It may even be useful to list desired outcomes on one side of a page,
and on the other side to generate possible actions that would facilitate the achievement of
each of those outcomes. It is possible that implementing a particular action may achieve
one desired outcome while eliminating another, forcing you to prioritize and choose one
outcome at the expense of the other. Ponder the implications and consequences of each
option for the client, for others who will be affected, and for yourself.
Choose and act on your choice. Once you have selected an action or series of
actions, check to see whether your selected options are congruent with your ranking of
the moral principles. Pay attention to how you feel about your choice. This final step
involves strengthening your ego or gathering the moral courage to allow you to carry out
your decision.
Even after the most careful deliberation, conscientious counselors cannot help but ask the
question “How can I know whether I’ve done the right thing?” Van Hoose and Paradise
(1979) suggested that decisions are probably ethically responsible if the counselors (a)
maintained personal and professional honesty, coupled with (b) promoting the client’s best
interests (c) without malice or personal gain; and (d) can justify their actions as the best
judgment regarding what should be done based on the current state of the profession.
You can also apply several self-tests after you have resolved an ethical dilemma. The first
three tests were suggested by Stadler (1986). First is the test of justice, in which you ask
whether you would treat others the same in this situation. Second is the test of universality,
which considers if you would be willing to recommend the course of action you followed
to other counselors who find themselves in a similar situation. Third is the test of publicity:
Are you willing to have your actions come to light and be known by others? Another test is
the reversibility test, which is a version of the Golden Rule; in this test you ask yourself if
you would have made the same choice if you were in the client’s shoes or if your child or
life partner were subject to that choice. The mentor test asks you to consider an individual
whose integrity and judgment you trust and admire, and ask how that person might solve
the dilemma (Strom-Gottfried, 2007). Finally, you can check for moral traces, which are
lingering feelings of doubt, discomfort, or uncertainty that counselors may experience after
they have resolved an ethical dilemma, particularly when expediency, politics, or selfinterest have influenced the decision. Moral traces are unpleasant but perform an important
function. They act as a warning sign that you may have set foot on an ethical slippery
slope, as defined earlier in this chapter.
We hope you will return to this material on the ethical decision-making process as you
ponder the case studies that are presented throughout this text. As you reflect on what you
might do if you were the counselor in the case study, you can gain practice in applying a
systematic model, as required by your code of ethics. Being an ethical professional
involves a combination of knowledge, problem-solving skills and strategies, understanding
of philosophical principles, and a virtuous character that leads one to respond with
maturity, judgment, and wisdom (Bersoff, 1996). It is a task that requires a lifelong
commitment and is never really finished. Even the most experienced counselors who are
intimately aware of the ethical standards wrestle with difficult ethical issues and dilemmas
(Walden, Herlihy, & Ashton, 2003).
(Jr 14-18)
Jr, Theodore P. R., Barbara Herlihy. Ethical, Legal, and Professional Issues in Counseling, 5th
Edition. Pearson Learning Solutions, 5/2015. VitalBook file.
The citation provided is a guideline. Please check each citation for accuracy before use.
Case study
SCHOOL COUNSELING
Marty is a 10-year-old boy whose family moved to the United States from South America two years ago.
Marty’s father was promoted to a new job, so Marty needed to transfer to a different school in the middle
of the year. Marty is having a difficult time making this transition. He is small for his age and has a speech
impairment that can make it challenging for others to understand him. Marty is not confident in social
situations and has not had an easy time developing relationships with others in his class. He usually
spends his time alone during recess and lunch and he’s reluctant to join in class projects or discussions.
Over the past few weeks Marty has become more withdrawn. He does not respond to his teacher’s
encouragement to participate in class and has not been completing his school assignments. On one
occasion, the teacher found that Marty had been drawing graphic pictures of people being injured
throughout his notebook. Yesterday, Marty was seen sitting alone on the playground scratching his skin
with a safety pin. His marks were superficial, but the behavior was concerning enough to ask the school
counselor to meet with Marty.
During the counseling session, Marty discloses that he is being bullied by several boys at the school.
They have taken his lunch money, ripped up his notebooks, and punched him in the back and stomach.
The boys have warned Marty if he tells anyone, they will break into his house and hurt his little sister, so
he refuses to identify them.
Marty also reveals that he had a similar problem at his previous school where an older boy bullied him
repeatedly for several months and, on two occasions, appears to have sexually molested him. Marty has
never told anyone about this and is terrified that his parents, teachers and other students will find out. He
breaks into tears and begs his counselor to keep everything he’s said a secret.
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