Section J

Resolving Ethical Issues

Introduction

Professional counselors practice in an ethical and legal manner. They are aware that client welfare and trust in the profession depend on a high level of professional conduct. They hold other counselors to the same standards and are willing to take appropriate action to ensure that standards are upheld. Counselors strive to resolve ethical dilemmas with direct and open communication among all parties involved and seek consultation with colleagues and supervisors when necessary. Counselors incorporate ethical practice into their daily professional work and engage in ongoing professional development regarding current topics in ethical and legal issues in counseling. Counselors become familiar with the ACA Policies and Procedures for Processing Complaints of Ethical Violations and use it as a reference for assisting in the enforcement of the ACA Code of Ethics.

J.1. Standards and the Law

J.1.a. Knowledge

Counselors know and endeavor to understand the ACA Code of Ethics, other applicable ethics codes from professional organizations or certification and licensure bodies of which they are members, and the relevant laws in jurisdictions where they practice. Lack of knowledge or misunderstanding of an ethical responsibility is not a defense against a charge of unethical conduct.

J.1.b. Ethical Decision-Making

When counselors are faced with an ethical dilemma, they use and document an ethical decision-making process that may include but is not limited to consultation; consideration of relevant ethical standards, principles, and laws; generation of potential courses of action; deliberation of risks and benefits; and selection of an ethical decision based on the circumstances, context, culture, and welfare of all involved.

J.1.c. Conflicts Between Ethics and Laws

If ethical responsibilities conflict with the law, regulations, and/or other governing legal authority, counselors make known their commitment to the ACA Code of Ethics and take steps to resolve the conflict. A counselor may consult with an attorney regarding relevant law and the application. If the conflict cannot be resolved using this approach, counselors may adhere to the requirements of the law, regulations, and/or other governing legal authority.

J.2. Suspected Violations

J.2.a. Informal Resolution

When counselors have reason to believe that another counselor is violating or has violated an ethical standard and substantial harm has not occurred, they attempt to first resolve the issue informally with the other counselor if feasible. Counselors document the attempt to at an informally resolve and the outcome.

J.2.b. Reporting Ethical Violations

If a violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution or is not resolved properly, counselors take further action depending on the situation. Such action may include referral to state or national committees on professional ethics, voluntary national certification bodies, state licensing boards, or appropriate institutional authorities. The confidentiality rights of clients should be considered in all actions and counselors avoid oversharing information that is not necessary for the report.

This standard does not apply when counselors have been retained to review the work of another counselor whose professional conduct is in question (e.g., consultation, expert testimony).

J.2.c. Consultation

When uncertain about whether a particular situation or course of action may be in violation of the ACA Code of Ethics, counselors consult with other counselors and/or other experts who are knowledgeable about ethics and the ACA Code of Ethics, with colleagues, or with appropriate authorities, such as ACA. This shall include the right to consult with an attorney if the circumstances warrant.

J.2.d. Organizational Conflicts

If the demands of an organization with which counselors are affiliated pose a conflict with the ACA Code of Ethics, counselors specify the nature of such conflicts and express to their supervisors or other responsible officials their commitment to the ACA Code of Ethics and, when possible, communicate and work with supervisors and other responsible officials to reach an ethical resolution.

J.2.e. Unwarranted Complaints

Counselors do not initiate, participate in, or encourage the filing of ethics complaints that are retaliatory in nature or are made with reckless disregard or willful ignorance of facts that would disprove the allegation.

J.2.f. Unfair Discrimination Against Complainants and Respondents

Counselors do not deny individuals employment, advancement, admission to academic or other programs, tenure, or promotion based solely on being the subject of or having made an ethics complaint. This does not preclude taking action based on the outcome of such proceedings or considering other appropriate information.

J.3. Cooperation With Ethics Committees

Counselors assist in the process of enforcing the ACA Code of Ethics. Counselors cooperate with investigations, proceedings, and requirements of the ACA Ethics Committee or ethics committees of other duly constituted associations or boards having jurisdiction over those charged with a violation.