Standards and Laws

Counselors should know and understand the ACA Code of Ethics and use/document ethical
decision-making. If ethics conflict with laws and regulations and conflicts cannot be resolved,
counselors must act in the best interests of the client.

Potential Problems:

- Neglecting to routinely study and understand ethics codes and laws

- Failing to develop and use an ethical decision-making strategy
- Blindly following laws and regulations without considering client interests

Recommendations and Resolutions:

- Carefully study the ACA Code of Ethics and all applicable laws
- Routinely update knowledge
- Adopt an efficient ethical decision-making model
- When you become aware of an ethical question use your model and document the decision-
making process
- Always try to follow the ACA Code of Ethics even if laws appear to conflict
- If your efforts to reconcile the ACA Code of Ethics with laws fails, you have the option to
follow laws
- Counselors may choose not to follow a law when upholding a moral or ethical principle

Suspected Violations

If a counselor has reason to believe another counselor has violated an ethics standard the should
try to resolve the issue informally first. Counselors can take further action if necessary, including
referring the matter to state or national committees. If you are uncertain about what to do consult
with colleagues.

Potential Problems:

- Feeling vindictive may cause someone to rush into accusations

- Focusing on enforcement may cause someone to neglect their responsibility to be collegial
- Counselors uncomfortable with confrontation may fail to report unethical behavior
- Failing to seek consultation may cause overreaction

Recommendations and Resolutions:

- Attempt to address behavior informally first

- Be positive and caring towards colleagues
- Never ignore unethical behavior
- If efforts at informal resolutions fail, be prepared to make it formal
- When filing a complaint, always think of client confidentiality
- Consult colleagues or experts
- Contact the ACA Ethics and Professional Standards Department

Organizational Conflicts

If an organization conflicts with the ACA Code of Ethics, counselors should address the issues
with their supervisors.

Potential Problems:

- Assuming that an employer's demands are automatically ethical

- Failing to address conflicts within an organization

Recommendations and Resolutions:

- Be aware of organizational policies

- Bring conflicts between ethics and organization policies to the attention of a supervisor
- Remember that organizations do not trump ethics
- When possible, work through appropriate channels to fix ethical problems
- Seek legal advice if an organization insists that you break ethical standards

Ethics Complaints and Lawsuits

Counselors must not engage in retaliation when complaints are filed and no action should be
taken against a complainant.

Potential Problems:

- Using an ethics complaint as a form of retaliation against a colleague

- Taking a complaint personally and acting unethically because of it

Recommendations and Resolutions:

- Be certain that you have evidence when filing an ethics complaint

- Consider whether a jury would believe that your complaint has merit and is based on actual
evidence rather than based on personal feelings
- Do not take action against anyone who files a complaint against you

If faced with an ethics complaint, review the following guidelines:

- First, do nothing; respond politely to the newsbearer and immediately consult a lawyer
- Treat the complaint seriously
- Do not contact the complainant
- Do not alter any documentation
- Be thorough in any response to the charges
- Only communicate to the court or committee through your attorney
- Review all relevant ethical standards
- Review policies and procedures
- Seek colleague consultation and support
- Practice self-care

Ethics Committees

Counselors must assist in the process of enforcing ethical standards including investigations and
the proceedings of an ethics hearing.

Potential Problems:

- Wanting to avoid sanctions and failing to cooperate with investigations

- Attempting to protect a colleague and refusing to cooperate

Recommendations and Resolutions:

- Cooperate fully with ethics investigations

- Never alter or destroy records
- Realize that failure to cooperate with investigations is an ethics problem
- Be knowledgeable of all policies regarding ethics investigations

The Nine Stages of Ethical Decision Making

This is a strategy to use when confronted with an ethical concern:

Stage 1: Clearly Define the Situation - gather facts, pinpoint the main problem, and consider
ethical issues

Stage 2: Determine Who Will be Affected - primary and secondary clients, all those affected,
explain professional obligations, be sensitive to harm involved, consider potential impact of
actions

Stage 3: Refer to Both Underlying Ethical Principles and the Standards of the ACA Code of
Ethics - client welfare, avoid harm, client independence, loyalty to client, equitable treatment

Stage 4: Refer to Relevant Laws/Regulations and Professional Guidelines - legal statutes, agency
policies, relevant counseling guidelines, consult a lawyer, consult colleagues

Stage 5: Reflect Honestly on Personal Feelings and Competence - could it negatively impact
decision-making? Do you have the training to deal with it?

Stage 6: Consult with Trusted Colleagues - choose one or more trusted colleagues, seek
consultant referrals, seek honest consultants, prepare a summary for consultation
Stage 7: Formulate Alternative Courses of Action - take time to think about possible responses,
consider all options

Stage 8: Consider Possible Outcomes for All Parties Involved - probable impact, possible
outcomes, document the process

Stage 9: Make a Decision and Monitor the Outcome - select the best option based on steps 1-8,
discuss your rationale with those involved, take full responsibility, carefully monitor outcomes,
document each stage