Students unfamiliar with their counseling program's professional performance assessment policies may consider such policies pejorative. Moreover, student beliefs about the primacy of ethical service to clients may be confounded when faculty members are reluctant or fail to formally address concerns about deficient professional performance of students. The authors propose a framework intended to promote openness and transparency in professional performance assessment and believe this framework is critical to students' accurate perceptions of the assessment process, their trust in faculty members, and their future investment in safeguarding public welfare and the ethical integrity of the counseling profession through gatekeeping.
Counselor educators today are faced with a difficult dilemma. They are mandated to dismiss students they judged to be unfit and irremediable, yet they risk legal action whenever executing a student dismissal decision. Their duty to protect the public must be weighed against the liabilities of costly litigation to institutions, programs, and themselves. This article describes 1 counselor education program's decision to dismiss a student and endure a lengthy, although unsuccessful, lawsuit and jury trial in federal court. The strengths and weaknesses of the program's remediation and dismissal protocol are examined as they emerged under court scrutiny.
Ethical standards for counselor training require remediation of students with professional performance deficiencies. However, standards fail to specify the type or extent of remediation necessary to safeguard students' legal rights or justify dismissal if remediation is unsuccessful. Critical assessment of remedial practices in counselor preparation has occurred primarily in the courts when the constitutionality of specific practices was challenged. Prompted by a recent court challenge and its implications for curricular and policy change (C. R. McAdams, V. A. Foster, & T. J. Ward, 2007), this article examines court-tested methods of student remediation and presents them as a guide for developing just and fair student remediation policies.A counseling student was dismissed from a public university (at which the authors are faculty members) on the grounds of deficient professional performance after engaging in unethical behavior during a clinical practicum and then failing to satisfy the requirements of a remedial program implemented by the counseling program faculty. Following the dismissal, the student brought a lawsuit against members of the counselor education program and the university. Among the charges was that the program and the university had violated the student's constitutional right to due process, which prohibits deprivation of individual freedom (in this case, freedom to continue in the program) without due process of law. In a federal jury trial, the court ruled in favor of the university and counseling program, upholding the dismissal decision. The court cited as evidence of due process that the counseling program had followed appropriate criteria and procedure including the remedial efforts it had executed in an attempt to correct the performance deficiencies prior to the dismissal
Marine invasive non-native species (NNS) are one of the greatest threats to global marine biodiversity, causing significant economic and social impacts. Marinas are increasingly recognised as key reservoirs for invasive NNS. They provide submersed artificial habitat that unintentionally supports the establishment of NNS introduced from visiting recreational vessels. While ballast water and shipping vectors have been well documented, the role of recreational vessels in spreading NNS has been relatively poorly studied. Identification of the main physical features found within marinas, which relate to the presence of NNS, is important to inform the development of effective biosecurity measures and prevent further spread. Towards this aim, physical features that could influence the presence of NNS were assessed for marinas throughout the UK in July 2013. Thirty-three marine and brackish NNS have been recorded in UK marinas, and of the 88 marinas studied in detail, 83 contained between 1 and 13 NNS. Significant differences in freshwater input, marina entrance width and seawall length were associated with the presence of NNS. Additionally, questionnaires were distributed to marina managers and recreational vessel owners to understand current biosecurity practices and attitudes to recreational vessel biosecurity. The main barriers to biosecurity compliance were cited as cost and time. Further work identifying easily distinguished features of marinas could be used as a proxy to assess risk of invasion.Electronic supplementary materialThe online version of this article (doi:10.1007/s00227-016-2941-8) contains supplementary material, which is available to authorized users.
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