Responding to Allegations of Unethical Conduct

Abstract

Although relatively few professional counselors will be accused during their careers of unethical conduct, all are susceptible to such charges. This article explains the process used by boards in reviewing charges of unethical conduct, gives advice regarding actions that accused counselors might take to protect themselves legally and emotionally, and offers preventive steps that should be taken to avoid such charges.Electronic Journal: To print this article select pages 37-42. TOC

Counselors' Perceptions of Ethical Behaviors

“…Although few professionals are actually accused of unethical conduct during their careers, those who are can be devastated (Neukrug et al, 2001;Saunders et al, 2007), and clients affected by ethical violations can be traumatized. It is hoped that this research can aid in reducing ethical complaints and violations by providing important preventive information for students, counselors, and counselor educators (Chauvin & Remley, 1996).…”

Obtaining Legal Counsel for Child and Family Mental Health Practice

“…We find it hard to believe that our virtue is unappreciated, so we attempt to follow our ethical admonitions to resolve conflict and discover to our subsequent dismay that the plaintiff's attorney made our virtuous and well-meaning efforts appear to be an attempt to "cover up" or "copout." (Wright, 1981(Wright, , p. 1535 Chauvin and Remley (1996) also note that the personal characteristics or involvement of mental health practitioners can leave them "unprepared to Downloaded by [University of California Santa Cruz] at 13:11 08 October 2014 respond in a rational, cautious, and appropriate manner" (p. 563). Certainly, those who specialize in children's services are no better prepared that other practitioners.…”

Report of the ACA Ethics Committee: 1995–1996

“…Lending to this complexity is the fact that the majority of counselors having ethical cases brought against them now hire attorneys for representation throughout the process. Indeed, counselors are being urged to treat an ethics complaint with the same seriousness that a lawsuit would be treated (Chauvin & Remley, 1996). ACA, being mindful of its fiduciary responsibility to the membership and association, has similarly sought legal counsel in most cases reaching adjudication.…”