Enhancing fairness and justice in the ethical complaint process.

Abstract

Through requests for anonymous case studies, a Conversation Hour discussion at the 1988 CPA Conference, letters and interviews, the CPA Committee on Ethics identified three main concerns of Canadian psychologists about fairness and justice in the ethical complaint process: inappropriate or vindictive complaints from colleagues, non-compliance with principles of natural justice, and lack of more constructive ways to resolve problems. Each of these concerns is discussed. Guidelines are offered for psychologists who are considering making formal complaints, psychologists against whom complaints are made, and investigators/adjudicators.

Cracking The Code: A Critical Discourse Analysis Of The Canadian Code Of Ethics For Psychologists

“…These articles feature the CPA Code's development (Sinclair et al, 1987) and its novel features (Sinclair, 1998); the Companion Manual to the third edition of the CPA Code (Sinclair & Pettifor, 2001); applications of the CPA Code to particular areas of practice (Pettifor, 1998), such as prescription privileges and creatively to the context of Shakespeare's Hamlet (Pettifor, 1989); the CPA Code's changes across the first three versions (Sinclair, 2011); adoption of the CPA Code in psychology codes of ethics in other countries (Pettifor et al, 2011); and comparison of the CPA Code to other professional codes of ethics (Sinclair, 1996). Additionally, these scholars have engaged ethics discourse more generally on several topics, including fair and ethical student practices (Pettifor & Saklofske, 2012); dialogue in ethical principles (Pettifor, Sinclair, & Strong, 2005); ethics education (Pettifor, Estay, & Paquet, 2002); ethics and humour (Pettifor, 1982); accountability and quality assurance (Sinclair, 1980;Sinclair & Frankel, 1982); decision-making (Pettifor, 1998); universal or global practices of ethics (Gauthier et al, 2010;Pettifor, 2004aPettifor, , 2004bPettifor & Sawchuk, 2006;Pettifor, Sinclair, & Falender, 2014); historical to current reviews on standards of practice (Pettifor, 1996;Sinclair, 1993Sinclair, , 1996; and professional conduct and discipline (Pettifor & Sinclair, 1991).…”

Questioning the Victim Status of Complainants in Professional Ethics Investigations

“…In most professional jurisdictions around the world, complaints by clients are addressed using a quasi‐legal framework which has parallels to the operation of the formal court system and borrows some of its language, but which does not necessarily follow the principles of natural justice (Pettifor & Sinclair, ). Lesser infractions may be dealt with in less formal ways, but grievances are generally heard in an adversarial context which includes initial charges, an investigation, a prosecution process or hearing, a judgement, and consequent punishment or sentence (Menkel‐Meadow, ).…”

The ethical complaint process and the duty of fair play.

“…Justice is a primitive moral notion in that it arises once the concept of morality is imposed on mutually self-interested agents similar circumstanced (and) fundamental to justice is the concept of fairness which relates to right dealing between persons who are cooperating with or competing against one another... (Rawls, 1958(Rawls, , 1975 Anyone who has any understanding at all of morality will agree that justice and fairness ought to be enhanced in any situation, institution, or process, which is the purpose of the guidelines suggested by Pettifor and Sinclair (1990) when psychologists are confronted in some capacity with an ethical complaint. But, we can ask, why will following those particular guidelines enhance justice and fairness in the ethical complaint process?…”

“…Anyone who has any understanding at all of morality will agree that justice and fairness ought to be enhanced in any situation, institution, or process, which is the purpose of the guidelines suggested by Pettifor and Sinclair (1990) when psychologists are confronted in some capacity with an ethical complaint. But, we can ask, why will following those particular guidelines enhance justice and fairness in the ethical complaint process?…”